The responsibility of officials at OPEKEPE, which “failed to exercise effective control” over the declarations submitted to it for subsidies despite “indications of fraud”, was highlighted today by the European Public Prosecutor Charicles Thanou, speaking at the trial of 13 defendants accused of illegal subsidies.

Specifically, this case, which is being heard in the courts of the former Evelpidon school, concerns a prosecution of 13 defendants, who are being prosecuted for fraud against the State to obtain subsidies, for false certification, and forgery.

Benefits of more than 400 thousand euros

According to the indictment, 12 of those involved are alleged to have obtained a total of illegal benefits of more than 440,000 euros, with the subsidies received by each ranging from 13,000 to 91,000 euros.

It should be noted that the case in question came under the “microscope” of justice after an anonymous complaint, which stated that a group of “farmers” had submitted to the same Centre for the Reception of Declarations fake leases, presenting thousands of acres of undivided co-owned land as their own. As it became known in the context of the investigations, these lands were located in the private forest of Agoriani (Ekkaras) and Makryrrachi, and were reported in the single payment applications as pastures!

The central figure in the whole case is allegedly the former president of the Makrirrachi agricultural cooperative, who remained in his position until 2020. This person, during his plea in court today, cited relevant decisions to argue that the cooperative has had legal grazing rights over the land in question since 1935.

For their part, the other accused denied any illegal action and, before the court today,y said they acted within the framework of the relevant circular, which, they pointed out, did not require that there be agricultural production or livestock to receive the subsidy.

Rather, they said, the only criterion laid down in the circular for receiving the subsidy was the maintenance of pastures in “good agricultural condition”. Specifically, the defendants said, it was required that the grass should not exceed 70 cm in height. They stressed that livestock regularly grazed in this area and that many stables were located there. In these circumstances, they pointed out that the certificates they submitted (for receiving the subsidies) were genuine and not forged,

The European Public Prosecutor proposes the guilt of all the accused

However, the appointed European Public Prosecutor in her statement today at the trial called for all 13 defendants in the case to be found guilty, noting that the land in question was never leased and never used for agricultural purposes by the defendants. In fact, in her summing up, she underlined the responsibilities of the OPEKEPE, saying that it did not exercise any substantial control, sticking only to the content of the statements of the accused.

Subsequently, Ms. Thanou referred to the responsibilities of OPEKEPE officials, who should, as she stressed, go to the spot and make an inspection and find out what is happening. Indicatively, the prosecutor mentioned in her proposal: “This has led to the phenomenon that no real audit is being carried out, despite indications of falsification and fraud, and this is one reason why the OPEKEPE is being audited by our office. All this money was taken away from someone who has an agricultural activity and is struggling to grow his crops. It was exploited by sophisticated people. OPEKEPE should have gone to the site regardless of the circulars and seen if the declared activity exists. There, they would see that there were animals, and the pasture was productive.”

Ms Thanou requested that copies of the case file be forwarded to test five witnesses for the offence of perjury, two persons for instigating perjury, and another person for making a false affidavit.

It may be recalled that another trial on a case of illegal subsidies is ongoing in the Court of Appeal, and the court’s decision is expected shortly. In this case, too, the prosecutor Calliope Dayanda has proposed that all the defendants in this case be declared guilty.

There are seven people, including a lawyer, and all of them, as stated in court on joining the trial, have repaid the money they received as subsidies. According to what has been made known to date, the defendants in this case allegedly received or assisted so that some people illegally received subsidies of, as stated, from 25,000 euros to 90,000 euros in 2019 without being entitled to them.

For this case, Ms Dayanda sought the guilt of all seven accused, who, among others, are charged with misdemeanor fraud against the EU.

By way of indication, the prosecutor said in her statement to the court that the accused “have committed the acts attributed to them”. At the same time, she suggested that their claims of legal error and the elimination of the criminality of their act be dismissed, due to the fact that they returned the money they received to the OPEKEPE.

Specifically on the elimination of the criminal offence, the prosecutor stressed that “the legal conditions for its application do not exist” as “OPEKEPE does not fall within the concept of injured party because the money it pays does not belong to it, since the financing is secured by the European agricultural funds”.

In conclusion, the prosecutor said: “The act attributed to the defendants was not directed against the property but against the interests of the EU.”