A motion was filed with Greece's supreme court on Wednesday to reverse a previous appellate council ruling that allows the indictment of six experts previously affiliated with the country's privatization fund, as well as three of the fund's board members, on charges ranging from breach of trust to misdemeanor misappropriation of public sector funds.
The case, which deals with the potential sale and lease-back 28 properties owned by the Greek state during the 2013 to 2014 period, has created a severe "headache" for the current leftist-rightist government, given that three of the individuals listed in the indictment are third country nationals from a same-number of EU states that were assigned to Greece to offer their expertise to the privatization fund, officially known as the Hellenic Republic Asset Development Fund (HRADF).
According to reports last week, the was bluntly brought during last week's crucial Eurogroup meeting in Luxembourg.
The indictment had led European creditors to demand an immunity clause for technocrats posted to Greece in similar positions and for bank executives who will be involved in companies' restructuring, when a new out-of-court settlement framework for arrears and "bad debt" is unveiled and ratified in Greece.
The case also drew the ire of Eurogroup chairman Jeroen Dijsselbloem last year, who sent a letter to Greek authorities over the matter.
An initial probe by a Greek supreme court prosecutor, on which the indictment is based, claimed that damages for the Greek state exceeded 580 million euros and that the accused knew the transactions were disadvantageous for the public interest but unanimously advised the opposite.
However, on Wednesday attorneys for the nine individuals filed a motion arguing that a specific Greek law (4389/2016) absolves technocrats and other members of advisory bodies of legal and criminal liability for their assessments and appraisals as long as the latter have followed prescribed legal procedures or internal regulations and statutes, something verified by a positive audit from the relevant Court of Audit.
