196th Hearing, Women’s Wing, Korydallos Prison, November 8th, 2017

I. Access to the Court

The courtroom remains open to the public upon presentation of a state ID card, which is retained by court authorities for the duration of the session, until all audience seats in the courtroom are filled. Few journalists and spectators showed up in court today.

II. Presence of defendants

None of the defendants was present at the hearing.

III. Examination by the defense counsels

A. Motion to move the protected witness testimony, to film, and to record the testimony

The defense counsel submitted a motion to: a) film the room where the protected witnesses testify, without compromising their identity, b) transfer the protected witnesses room to a space adjacent to the courtroom, c) record the witnesses’ testimonies so as to leave no doubt who says what and to whom. The motion was submitted in writing and was orally supported by defense counsels (in turn) Michalolias T., Papadelli, Pantazi, and Bairaktari.
Civil action counsel Kabagiannis stated that if the motion to record the witness testimonies is accepted, the decision should be applied to all witness testimonies. And that it is in the Court’s discretion whether they will doubt the presence of the officer of the court and the officer of the state prosecutor’s office. The state prosecutor asked to overrule the motions, because the presence of an officer of the state prosecutor’s office is enough to vouchsafe the credibility of the proceedings, and that the motion to record the testimonies has already been submitted and overruled.
The presiding judge overruled the motion, judging that the presence of an officer of the state prosecutor’s office is enough to protect the defendants’ rights.

B. Motion to make known the dates that the witnesses were placed under the Witness Protection Program

Defense counsel Papadellis motioned to make known the dates that the witnesses were placed under the Witness Protection Program. The presiding judge placed this motion under consideration.

C. Motion pertaining to the intention to bring charges against a witness

Defense counsel Alexiadis informed the members of the court that he intends to press charges against the witness for slander – and implied that this would need to formally make known his identity. The court asked the counsel to submit his motion in writing in order to be considered (something which the counsel didn’t do until the end of the hearing).

IV. Testimony of the first protected witness continues

A. Examination of the witness by the defense counsels

The officer of the court and the officer of the state prosecutor’s office confirmed that in the room are just them and protected witness A, that the door is closed, that the witness has no documents in front of him, only a Bible. The witness was questioned in turn by defense counsels Tsagas, Oplantzakis, Velentza, Papadellis, Alexiadis, and Roussopoulos.

Responding to a relevant question, the witness stated that he went to Golden Dawn to find work, or else he wouldn’t have gone on his own. Being a participant in Golden Dawn’s activities, they taught him how to fight, so that he could defend himself and escape if anything happened. As he said, “we were trained as foot soldiers. They wanted us to be the bodyguards. […] We did what they told us. We prepared for any event, to defend and to support who we were. […] We weren’t Spartans and we weren’t trained as Spartans”. According to the witness, the training was organized by the higher-ups and “there were always orders. From above.” The Golden Dawners that were friendly to the higher echelons of Golden Dawn did not undergo hard training.

The witness stated that in 2013 he had met Pavlos Fyssas. He had talked with him three times, because Fyssas frequented the establishment where the witness’s wife worked. According to the witness “that guy was a true gentleman” and was targeted because of his music. At the time that the witness started talking with P. Fyssas, he didn’t know that he was already a target. However, after the murder he understood that he had been, and that this was the man that some people referred to when they said they were going “to harm someone”. The witness had received a text message to go to Keratsini [on the night of the murder], even though he had started to distance himself from Golden Dawn, because “they always sent first the new ones, so that if something happened they would claim that Golden Dawn wasn’t involved”. According to the witness, the victim had been watched by Golden Dawn since 2012, when they had decided he was a target. As the witness said, “Golden Dawn did this. I know it, because when the murder took place they clapped their hands. They did it on a quiet night, and 30 people went there to hit 4”.

The witness’s involvement with Golden Dawn lasted from January 2012 to September 2013. He gradually left their ranks, as did many others. The witness participated in many Golden Dawn events and rallies, such as the ones in Thermopylae and Meligalas. In 2012 he participated in a motorized rally in Rentis and in a rally in Ippodameias Square. He didn’t participate in the election campaign of 2012. He went to Malakasa three times for training, along with another 30-35 people from the Nikaia local chapter. They had gone with buses, in a battlefield training track outside a nearby military facility. They were dressed in camo and tracksuits. One of the trainers was a retired colonel. Roupakias was there with them. The second time they went for training, Kasidiaris came to talk with them, and not to participate in the training.

The witness described the open and the closed cells of Golden Dawn. He belonged to the open cells. He knew about the closed cell from trusted people that were in it. He also testified that he knew that whoever had a different opinion was brutally beaten, because they talked about it in the local chapter he was a member of. The office security detail was manned with people that knew martial arts, bodybuilders etc. who protected the place and the people that came to the events. As for whether Golden Dawn had racist motives, according to the witness “Golden Dawn hounds anyone that is opposed to them. Even I who right now am testifying tomorrow I may be gone. And yes, there was racist behavior.”

From what the witness remembers, he had shown the Supreme Court state prosecutor the messages that Golden Dawn sent to his mobile phone. The witness had contacted the state prosecutor’s office a little after the murder of Pavlos Fyssas on September 18th, 2013.

The defense asked the witness a series of questions that the witness didn’t answer in order to protect his identity. He also didn’t name other people, so that they wouldn’t be put into danger. At some point he said “I won’t answer any more questions about this, you ’ve hounded me long enough”.

The hearing was adjourned because the witness was unwell. During his testimony he sounded exhausted and upset.
The presiding judge adjourned for November 9th, 2017, at the Women’s Wing of the Korydallos Prison, when the testimony of protected witness A is expected to continue with the examination by the defense counsels.