The accused for the murder of Zak Kostopoulos, a Greek-American activist, defending the rights of LGBT people, HIV-positive people, sex workers, and refugees, were unanimously found guilty of grievous bodily harm resulting in death by the Mixed Jury Court of Appeal in Athens. The court imposed prison sentences of six years for real state agent Athanasios Hortarias and five years for jeweller Spyridon Dimopoulos, following the recognition of mitigating factors. Hortarias will return to prison, while Dimopoulos will continue to serve his sentence under house arrest.

The trial took place in room D120C on the sixth floor of the Athens Court of Appeal. Earlier today, the Justice For Zak/Zackie Observatory reported that reporters were barred from sitting in the front, and the prosecutor asked those standing to leave, prompting backlash from the audience.

The defence counsel for the first defendant requested the court consider mitigating factors under Article 84, paragraph 2, subparagraph c, which applies when “the act was prompted by the inappropriate behaviour of the victim or was incited by anger or violent grief caused by an unjust act against the defendant.” They also cited Article 84, paragraph 2, subparagraph a, noting that the defendant had lived lawfully before the incident. Advocate Ioannis Glykas, representing the accused broker, also invoked Article 84, paragraph 2, subparagraph c, and argued that his client’s actions were motivated by “altruism,” as supported by defence witnesses.

The prosecutor dismissed these arguments, stating that Dimopoulos was enraged by the damage to his property but could have avoided violence by simply opening the door. Instead, he chose to beat Kostopoulos furiously, despite being warned that his actions could be fatal. The prosecutor emphasised that property damage does not justify such brutal behaviour. Regarding Hortarias, the prosecutor rejected the claim of “altruism” as baseless.

Despite this, the court recognised the mitigating factor of prior lawful conduct for both defendants, and additionally acknowledged the jeweller’s claim of misconduct by the victim. Defence lawyers are seeking a further reduction in the sentences.

The initial trial had resulted in a 10-year prison sentence for both defendants. However, due to his age, the 80-year-old jeweller was not incarcerated but placed under house arrest with an electronic bracelet.

The Justice For Zak/Zackie Observatory has been active throughout the trial, calling for supporters to gather outside the Court of Appeal from 9 a.m. They have also organised a demonstration at 7 p.m. on Gladstonos Street, the site of Kostopoulos’s murder.

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