Appeals court upholds neurosurgeon’s conviction for selling free consumables
Appeals filed by a neurosurgeon and his wife against their conviction for selling medical consumables to a patient that are provided free have been thrown out by the appeals court.
The appeals court in its decision, taken on March 31 and made public on Monday, upheld their convictions, dismissing all allegations that their right to a fair trial had been violated.
The appeals court did, however, reduce the doctor’s sentences due to an error in calculating the maximum sentence.
The neurosurgeon at the Nicosia general hospital convinced a patient who was about to undergo hydrocephalus surgery and her relatives that they needed to purchase a magnetic brain valve, which cost €1,500.
The valve was to be supplied by his wife’s company and was presented as superior to the one provided free of charge by the hospital.
The money for the valve was handed to the doctor’s wife in the carpark and no receipt was issued.
The court of first instance said the transaction was particularly suspicious and “resembled drug trafficking”.
The surgery was performed by another doctor and the defendant’s claim that he had a second valve with him “just in case” was dismissed.
The appeals court upheld the ruling of the court of first instance, however it found that the latter had applied an amended law for a crime committed before the amendment.
Thus, the appeals court reduced the sentence for abuse of power from 32 months to 18 months, and the sentence for obtaining goods by false pretences from 28 months to 22 months.
The sentences for other offences, including money laundering, remain unchanged.