Court rejects Paphos mayor’s bid to overturn suspension

Furloughed Paphos mayor Phedonas Phedonos has lost his bid to reverse the interior minister’s decision suspending him from his duties.

Following the publication of the suspension in the government gazette on February 5, Phedonos immediately filed an appeal with the administrative court aiming to set aside the decision.

In his appeal, the mayor alleged that the minister’s action – the publication of the notice in the gazette – was “manifestly unlawful”.

Having reviewed the appeal, administrative court judge Stella Michael rejected it.

This means the mayor, pursuant to the Municipalities Law, will stay suspended from his duties until such time as the police investigation is finished.

While on furlough, he is entitled to one-third of his normal salary.

The decision to suspend Phedonos came in the wake of allegations that he raped a woman several years ago, and after claims made by a social media personality that he beat up his wife in 2017.

A municipal official does not have to be charged in order to be placed under suspension. Phedonos has not been charged.

In his appeal with the administrative court, the mayor argued that the decision to suspend him was unlawful as he had not received any “hearing” prior to that decision.

In addition, Phedonos said the minister’s action was not discretionary, and that the minister had applied the law incorrectly.

Moreover, the mayor argued that he suffered “irreparable harm” by being removed from his duties – namely that he is being deprived of the right to implement his political programme for the benefit of the residents of Paphos, and that his suspension damages his reputation both as an individual and a politician.

The court dismissed all the arguments. The judge found that the interior minister had followed the relevant law to the letter.

On the question of “irreparable harm”, in her finding the judge said that the public interest – the potential commission of a crime by a public official – outweighs all other considerations.

The ruling also cast light on the precise grounds behind the mayor’s suspension. The judge made explicit reference to the rape investigation underway by the police. She noted that rape is a felony punishable by a sentence of life in prison.

And in another part of the ruling, the judge summarised the facts of the case. She noted that Interior Minister Constantinos Ioannou had communicated in writing with the police, asking to be briefed on whether anything was being investigated against Phedonos.

The police replied that they were investigating a complaint concerning rape. Based on this, the judge noted, on February 4 the minister announced he would suspend the mayor as of the following day.