A fundamental question must first be answered: Is the Attorney General or his Deputy entitled to ask the Judicial Council to try the Auditor General? Do they have such jurisdiction? Let our constitutional lawyers answer that. However, until now, we knew that the only person with such jurisdiction is the President of the Republic.
If it is proven that the prosecutors also have such jurisdiction, then they become overlords of the state of Denmark, even more so than we previously knew. And the independent institution of the Auditor General is not so independent since the independent institution of the Attorney General is superior.
In any case, the Constitution provides that ‘the Auditor General and the Deputy Auditor General are permanent public servants of the Republic and shall not be removed from office or dismissed except under the same terms and in the same manner as judges of the Supreme Court’ (Article 115). Can the Attorney General request the dismissal of a Supreme Court judge? Not in the slightest.
The President of the Republic will not initiate any procedures for the removal of the Auditor General, as the Deputy Government Spokesman, Yiannis Antoniou, assured yesterday. So, what are the prosecutors studying, which was announced on Sunday by the Deputy Attorney General, Savvas Angelides, in an interview with ‘Kathimerini’? Are they studying a way to persuade the President to initiate proceedings? Or are they studying a way to circumvent the Constitution?
This whole story, once again, is for show, to create impressions at the expense of Odysseas Michaelides. And it is not the first time. Finally, let the President or the prosecutors dare to go to the Supreme Court and demand his removal to clear this matter once and for all. Because the threat has been repeated so often that it has become a joke.
This time, moreover, it is being done in a way that insults Savvas Angelides himself. Strange that he doesn’t realise this, since otherwise, he takes care to be serious and laconic. We say this because the threatened prosecution is clearly motivated by personal reasons. In other words, even if the prosecutors have the jurisdiction (which they do not) to oversee whether the Auditor is properly performing his duties, this is not the case here.
Angelides’ logic in announcing that they must refer the matter to the Judicial Council ‘to clarify’ whether Odysseas Michaelides’ behaviour is inappropriate concerns his behaviour towards Angelides himself personally. And this, in itself, casts doubt on the motives of Savvidis and Angelides.
Are they acting in this way because they generally have the public interest at heart, or are they seeking revenge because Michaelides filed a complaint against Angelides with the Anti-Corruption Authority?
Mr Angelides granted a stay of criminal prosecution to a former client of his law firm, but had forgotten that he was a former client. The Anti-Corruption Authority cleared him of the charges, but his grievance against the Auditor is that he makes public statements about the case, which he considers ‘inappropriate behaviour’.
However, it remains a fact that any prosecution announced is for Odysseas’ behaviour towards Savvas. In other words, personal criteria and motives for such a critical issue further shake the credibility of the Republic’s independent institutions.
This time, too, there will be no appeal to the Judicial Council for the removal of the Auditor General. There is no legal basis for such an action to succeed. It would only be possible if he failed to adequately perform his duties, but certainly not because of his behaviour towards the Deputy Attorney General.
The reason for all this fuss is the same as the previous times. Either the government or parties in Parliament have waged a war against the Auditor General with one goal: to make him conform. To stop him from shouting. To stop him from exposing the wrongdoings. Don’t disturb the circles forever.
P.S. Of course, they are also thinking about the other possibility: that Odysseas wins the court case. Well, they know what will happen then, as he will open his mouth and never close it again.
