The trial will take place in Syros, with the two owners of the water sports rental business and the driver of the speedboat as defendants Eight years have passed since the news of his death shocked the nation
On Thursday 3 February 2022, the trial for the death of 10-year-old Michael Paschalakis will take place at the Aegean Court of Appeal of the Five-Member Criminal Court of Appeal, in 2014 in Kalo Livadi, Mykonos, during a water game with a sliding "banana". In this trial, which was postponed from its originally scheduled date of November 4, 2021, the fate of the defendants as culprits for a tragic incident that had shocked the Greek public opinion almost 8 years ago is decided.
The verdict of the Aegean Court of Appeal will be final and irrevocable, hence it is expected with great interest. Further confirmation of the importance of the trial is the fact that leading criminal lawyers such as Mr. Michalis Dimitrakopoulos and, as rumored in recent days, Mr. Alexis Kougias are going to Syros.
The three-month postponement of the trial was decided at the request of the three defendants, who face the possibility of conviction for manslaughter and other serious offences.
It is recalled that the fatal accident occurred on August 11, 2014 at Kalo Livadi beach in Mykonos. At that time, young Michael died while having fun with his friends, as a passenger of the well-known inflatable "banana" which was towed by a speedboat of a local water sports company. In June 2019, three people were sentenced in first instance to 5-7 years imprisonment.
The first trial at the Aegean Criminal Court of Appeal, which was held in Ermoupolis, Syros, was marathon, starting early in the morning and ending at midnight. The three defendants had then attempted to absolve themselves of responsibility - even if only partially - for Michael's death, pointing to a fourth person, also working in the same business as a boat driver, as the real culprit. However, this employee had never been summoned by the authorities, not even as a suspect, so the court did not allow the defendants to attempt a possible shift of responsibility.
Instead, according to the original judgment, the three defendants were found guilty of the offence of "jointly and intentionally disturbing water traffic, which resulted in danger to people and caused the death of a human being". The sentences imposed were 7 years imprisonment for the businessman and owner of the water sports centre in Kalo Livadi, 5 years for the security officer and co-owner, 6 years for the driver of the speedboat that fatally struck Michael
The defence immediately appealed and the trio were not sent directly to prison, although a member of the bench recommended that even the businessman and the accused be deprived of the right to appeal as the actual perpetrator, i.e. the operator of the boat. Although this proposal was not adopted by the other two members of the court, it made a particular impression, as it was considered extremely unusual for Greek standards.
In parallel with any judicial development, the Safe Water Sports organisation was founded by his father, Mr Panagiotis Paschalakis, in memory of the unfortunate child. And since 2017 a kiosk of the organization was installed in Kalo Livadi, to inform especially children about the dangers of water sports, the necessary safety measures, etc.
Despite the indescribable grief and mourning in which the family was plunged with Michael's death, the father of the unfortunate child, Mr. Panagiotis Paschalakis, conceived the idea of establishing a non-profit organization aimed at preventing and deterring water accidents, drownings, etc. For the last 6 years Mr. Paschalakis has literally dedicated his life to the initiatives developed in Greece and Cyprus by Safe Water Sports (safewatersports.gr), actively honoring the memory of Michael, who was so unjustly lost.
Mr. Paschalakis himself has been honored for his contribution by the Academy of Athens, while on behalf of Safe Water Sports he has accepted numerous awards and distinctions. However, what the people of the organization perceive as the true reward for their efforts is a statistical fact: In 2021 there were no water sports-related fatalities in Greece, which, at least in part, should be credited to the contribution of Safe Water Sports. The importance of this fact is even more underlined if we take into account the fact that every year in Greece an average of 344 people lose their lives at sea. Among them, unfortunately, are infants and children. Drowning is the second leading cause of death for people aged between a few months and 14 years.
So far, Safe Water Sports has developed a pioneering - and globally - software, which it provides free of charge to all Port Authorities in Greece. This software enables the continuous electronic monitoring of licensed businesses providing water sports services to the public, the lifeguard coverage of beaches, the checks and inspections carried out by port officials, etc. In addition, Safe Water Sports educates and informs students, with visits and courses in Greek schools, having now reached 40,000 children per year. In fact, since 2020, the fundamental principles taught by Safe Water Sports have been included in the curriculum for students in primary education.
Among the various activities of the organization, the Accident Observatory, a mechanism for the systematic recording of all incidents (drownings, injuries from accidents, fatal and non-fatal, etc.and so on) that take place in the aquatic environment of Greece, in cooperation with the Coast Guard and the Police.
Safe Water Sports also provides information for the elderly about the dangers at sea and provides free digital applications for mobile phones. On an institutional level, the organisation cooperates with the international body TÜV Austria Hellas to certify water sports and leisure facilities that meet all the necessary safety standards.
According to Panagiotis Paschalakis, Safe Water Sports now aims to raise awareness among all European citizens on the issue of safety in water activities. The Greek state supports the initiative of the organization, which was confirmed in June 2020 with the presence of Kyriakos Mitsotakis at an event of Safe Water Sports in the municipality of Vari Voula Vouliagmeni. So, Mr. Paschalakis, if anything, does not feel alone, as he has managed to turn the mourning and pain for the loss of Michael into a mechanism for the prevention of accidents at sea, which is constantly being strengthened and expanded. Paschalakis and his lawyer, Michalis Dimitrakopoulos, immediately after the end of the first trial had stated that "the conviction of the defendants is a landmark decision, a milestone in all this effort we have made as a family, with Safe Water Sports, so that no more children are lost unjustly at sea. Those who put money above respect for the rules that protect our children in water sports, should now know that for them prison will be a one-way street."
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