Bar association chief urges caution over Drousiotis crowdfunding probe

The president of the Cyprus Bar Association, Michalis Vorkas, has urged caution over the investigation into journalist Makarios Drousiotis’ crowdfunding campaign for his legal expenses, stressing that the presumption of innocence must be respected while raising questions over whether Cyprus’ fundraising law applies to an online platform based abroad. Following the complaint lodged by the interior ministry alleging a possible breach of the Fundraising Law of 2014 (Law 68(I)/2014) by Makarios Drousiotis, uncertainty has emerged over whether the Cypriot legislation applies to crowdfunding. Speaking to the Cyprus Mail, Vorkas explained that the legislation requires organisers of public fundraising campaigns to obtain prior authorisation from the licensing authority, which includes representatives of the interior ministry, the police and the social welfare services. “The purpose of the law is to establish the procedures, terms and conditions governing fundraising campaigns, to enable the necessary oversight and inspections, and to provide for sanctions aimed at preventing unlawful and misleading fundraising activities,” he said. Related Articles • Questions over whether Drousiotis crowdfunding appeal is within the law • Cases against Drousiotis threaten freedom of expression says journalists union • Drousiotis fundraiser referred to police over possible legal breach • Drousiotis implores public to send monetary donations amid ‘vindictive’ probe Vorkas said that the legislation provides for penalties of up to €10,000, two years’ imprisonment, or both, for organisers of unauthorised fundraising campaigns. However, he questioned whether those provisions apply in Drousiotis’ case. “The law requires such a permit when the fundraiser is organised within the Republic of Cyprus,” he said. “In this case, Mr Drousiotis is seeking contributions towards the costs of defending criminal proceedings against him through the GoGetFunding platform, which is based abroad. His appeal is not directed only to the Republic of Cyprus but to the international community.” He said “this raises the question of whether the alleged criminal offence is in fact committed under the provisions of Cypriot law referred to above. In any event, these are matters that will ultimately depend on the outcome of the police investigation.” Vorkas also warned against treating the matter as though an offence had already been established. “It is important that no public statements attribute the commission of a criminal offence to Mr Drousiotis while the investigation is still ongoing, bearing in mind the presumption of innocence,” he said. He further criticised what he described as the growing practice of non-lawyers offering public legal opinions. “No person who is not a lawyer and a member of the Cyprus Bar Association should be issuing legal opinions publicly, as appears to be happening. The relevant legislation prohibits this,” he said. The Cyprus Bar Association, he added, “while respecting the fundamental rights of all citizens, calls on everyone to respect the presumption of innocence and the right to freedom of expression, to exercise restraint in their public statements, and to allow the police to carry out their investigation without interference”. Earlier Drousiotis’ lawyer, Maria Theristi, also argued that the campaign does not appear to fall within the scope of the Fundraising Law. She said it was doubtful that the authorities could even have granted permission had Drousiotis applied for a fundraising licence, because the campaign concerns his personal legal expenses rather than any of the charitable or public-interest purposes envisaged under the legislation. Interior Minister Constantinos Ioannou said the authorities had referred the matter to police for examination after the campaign came to the ministry’s attention, while stressing that no one would be prosecuted if the campaign was ultimately found not to fall under the law. The campaign launched by Drousiotis to meet legal and related costs reached its €50,000 target three days in, according to figures published by the campaign.