The prosecutor had already reserved her position, pending the completion of the evidentiary process, on whether the charge of manslaughter by negligence could be changed to manslaughter with possible intent. She had also left open the possibility of prosecuting the offences of exposure and explosion, as well as attributing the felony offence of disrupting transport safety to two Hellenic Train executives, who currently face only misdemeanour charges.

As she had noted, charges cannot be brought for acts over which defendants had not been called to answer during the main investigation stage.

The prosecutor had also reserved the right to call new witnesses and submit additional documents after the evidentiary process begins, while recommending the rejection of requests to complete the investigation and annul the summons.

In its decision, the court:

  • rejected the request for a supplementary investigation
  • reserved its decision on the request to annul the summons
  • reserved the possibility of upgrading the charges
  • reserved the possibility of examining new witnesses and submitting documents during the evidentiary process

The proceedings will continue tomorrow, when defence lawyers are expected to present their separate arguments on the indictment.

Earlier, tension arose in the courtroom between Zoe Konstantopoulou and the presiding judge.

Konstantopoulou was absent from the courtroom when the presiding judge attempted to give her the floor, after one of her colleagues had earlier suffered a minor accident and was taken to hospital by an EKAB ambulance.

The president of Course of Freedom asked that the incident not be used, as she put it, for ‘speculation’ against her. In her statement on the prosecutor’s proposal, she spoke of a ‘parallel procedural delay’ obstructing the progress of the related trials. She also referred to the trial concerning the videos which, she said, has been postponed indefinitely, with no relevant decision issued despite three months having passed.

The presiding judge replied: ‘You are talking about another trial and we are waiting for you to take a position on this trial, on the proposal. The court is treating you with courtesy.’

Konstantopoulou also requested that the president of the State Legal Council, as well as the then transport minister, Costas Kyranakis, be called as witnesses over the issue of the Greek State appearing in support of the prosecution only against the three stationmasters and their inspector.

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