Harry Maguire's Biggest Defensive Role: The Law of the Land
 The present post will inevitably divert considerably from its sports law nature and will focus on an analysis of a foreign legal system (Hellas), with reference, mainly, to procedural matters. Where relevant, the author would touch upon the disciplinary law elements that could allow the reader to formulate a more comprehensive view about the relevant issues, within the wider discipline of sports law. As a disclaimer, the author would like to confirm that he does not currently have a professional relationship with any of the parties in this criminal matter, between the Hellenic Republic and Harry Maguire. There has been a lot of confusion regarding procedure and practice in this criminal matter and, inevitably, people are left wondering what the true state of affairs is. As a first point in this analysis, it is necessary for the author to confirm that the basis of Hellenic law derives from Roman Law and the modern procedure in the country resembles the Franco-Germanic system. It is, therefore, a civil law based system, with emphasis on an inquisitorial approach (as opposed to UK's adversarial system), where the judges have enormous authority in examining the facts and the evidence, as well as the appearing witnesses. In the matter of Harry Maguire, we have the application of a flagrante delicto offence, meaning that the accused is 'caught in the act' or 'during the commission of an unlawful act.' Procedure dictates that the accused must remain in custody until they are charged and this must take place within 24 hours. These types of offences are included in Article 99 of the Hellenic Penal Code and Law 4619/2019 and are treated as misdemeanours. If the court feels (upon conviction) that the accused deserves a sentence of less than 3 years (provided that there is evidence to the effect that the accused will not re-offend), then such sentencing is suspended. Prior to the trial and if the accused is charged, as it was the case with Harry Maguire, the brief with the charges must reach the office of the Public Prosecutor, who then has to decide, (based on the evidence submitted in the brief), whether the accused will stand trial. It is normal procedure to afford the accused a three-day period, where they can prepare their defence. Although this may appear strange in the eyes of an English lawyer, the underlying premise for such swift process is that 'justice delayed is justice denied.'The Public Prosecutor cannot normally recommend a trial unless the brief is complete. This means that the Public Prosecutor decided to commit this matter to trial, because he felt the brief was complete (and included the testimonies of the police officers - such testimonies must have reached the hands of the Defence on Saturday, that is 3 days prior to trial - if not, then there is a possibility a procedural breach has taken place). This was perhaps the reason the court felt that any requests for an adjournment had no valid basis; and that is because the court must have felt the Defence was afforded the brief in the time prescribed by law. Whatever the basis for such dismissal, if the Court of Appeal feels that there has been a procedural breach (caused by the First Instance court), then this will be remedied on appeal. Notwithstanding the Defence's complaints for lack of time towards an appropriate preparation, the procedural aspects need to be separated from the substantive ones. The former, if they were breached, may offer Harry Maguire remedies on appeal; the latter form the basis of exactly what it would determine whether his conviction would stand or not. The probity of the submitted evidence, therefore, as well as the credibility of the witnesses, would determine whether the burden of proof has been met by the prosecution. The above raises certain questions that would determine the final outcome of the matter. The author, out of respect for Harry Maguire's preparation towards his appeal, would refrain from an analysis regarding the substantive issues. Procedure, however, needs to be explained, as it has been the focus of misinterpretation and misleading public statements. Hellenic procedure on appeals from misdemeanour offences (such as the ones Harry Maguire was convicted of), dictates a de novo hearing, where we have a full re-trial with the judges having the authority to examine, both, the facts and the law. This is very similar to the process and procedure before the Court of Arbitration for Sport (CAS) in Lausanne, where an appeal takes the form of a full and new hearing (start from the beginning). The author, however, would like to recommend caution to the consequences of this process. It has been stated on record that 'the filing of an appeal extinguishes the initial court verdict and nullifies the conviction.' https://news.sky.com/story/harry-maguire-manchester-united-captain-says-he-thought-he-was-being-kidnapped-during-arrest-in-greece-12058114 This cannot be further from the truth and it is, with respect, erroneo
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