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Three judges and four members of the public will decide the fate of John Hogan in one of the most emotive cases held in Crete.
For the fiercely family-orientated Cretans the crime is one of the worst. If Mr Hogan is found guilty of murdering his own child the seven-strong mixed panel of judges and lay people will be told that he should be sentenced to the maximum 25 years.
His defence team was at pains to reject several potential women jurors. Eventually, only one joined the three male jurors alongside two male judges and Paraskeri Kiraleou, the presiding female judge. From a raised podium they looked down on Mr Hogan, 34, who stared at the ground from his chair at the front of the packed court.
Greek courts, with an eye on sensationalist media coverage, often rule harshly in cases involving child victims of murder, abuse or kidnapping.
“There certainly are strong emotional undercurrents in this case,” Angeliki Christophoridou, an Athens lawyer, said. “These, and the fact that a tourist is on trial, may well motivate the judges to set a stern example.”
Crete’s huge tourism industry is unhappy with the negative publicity surrounding the Petra Mare Hotel in Ierapetra where Mr Hogan jumped off the balcony holding his two children.
While no formal pleas are entered during the fast-paced proceedings, Mr Hogan was allowed to respond to an outline of the allegations of murder and attempted murder. He also made a number of emotional outbursts before being hushed by his defence lawyer.
Although each juror’s and judge’s vote is equal during the deliberations over guilt and sentence, it is the judges and female public prosecutor, as well as the defence team, who question the witnesses. When the court reconvenes tomorrow it is likely that they will hear Mr Hogan’s account of events in August 2006 before retiring to deliberate.
If a sentence is required, the prosecutor will argue that Mr Hogan should be jailed for the maximum that the law allows, in this case 25 years. Then the defence will claim that the term should be shorter, suggesting that his mental state means he would be better cared for in a psychiatric hospital.
The panel will retire once more before returning with its sentence. If jailed, Mr Hogan would return to the Korydallos high-security prison near Athens, one of the toughest jails in Europe.
In stark contrast to the British system, the Greek legal system is informal in nature. The court doors were left open as television cameramen filmed, and mobile telephones went off in the packed public gallery where coffee cups and food were commonplace.
When Mr Hogan was led into court before the judges arrived, cameramen followed him in, filming him and his relatives, before a police officer ordered them to leave. A few moments later a lawyer entered with a lit cigarette between his fingers.
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At least justice exists somewhere in the world. The Greek legal system is to be congratulated for their humanity in this case. Clearly John Hogan was mentally disordered at the time. It is absolutely right that this man should have been acquitted. He was not responsible for his actions - anyone who has the remotest understanding of mantal illness will accept that. He is not evil. Any other decision would have been barbaric - in the cruel world we live in I think this brave and right decision is a bright torch of hope. John Hogan will have to live the rest of his life with the memory of what he has done.
martin mcgrath, paris, france
No, way he killed his child....any person with the least bit of common knowledge would know jumping from the fourth floor would injure a grown or small person. I don't feel sorry for this man, I feel sorry for the child who was killed by his crazy father.
blanca, San Antonio, TX, TX
People die regularly at work falling from a 6ft ladder, so to say he had no intent because he jumped from the 4th floor is just shallow thinking.
He clearly had and still has severe mental health issues and should be treated (clinically & by the law) properly. As for his wife, how much mental torture can a person expect to put up with before they throw out the marriage vows. In my view, she had already had her fill & then some.
He jumped off a 4th floor balcony holding (against their will) his own children, he is certainly guilty of something, i just find it difficult to define exactly what that is. Sad.
Guy Howarth, Bradford, U.K.
Roe, I am sorry, but you must be related to tony blair... in the first degree. I mean, to be spinning such unbelievable nonesense is worthy of a place in the new labour ranks, the weapons of mass destruction department.
I'm not sure you would have thought similarly had your father done something like that. You feel sorry for someone who jumps from any floor with 2 children in his arms ? Lock him up. Throw away the key.
Lou, London,
People note that John Hogan was evil, not depressed. I have just one more point.
After a no fault divorce, what would John Hogan have left?
No siblings.
No father.
No money.
No children.
No home.
No wife, who is already over the death of her son, and remarried.
Can someone tell me what he would have left apart from the responsibility of paying for it all? Gordon Brown? David Cameron? Ming whoever's replacement whoever you are?
Anything missing? What else wouldn't he have?
No fault divorce is a crime against humanity. It grants the right to destroy an innocent persons life, with state assistance.
I'm just wondering, how many people wouldn't be depressed if the state took away all those things, and presented a bill for doing it? With this man's family history, this case was waiting to happen.
To all those women saying he was evil, out there, what do you have left when I remove your money, parents, children, siblings, home, and husband?
Anything?
Charles, London,
R Roe wrote: Poor Mr. Hogan. I feel sorry for him. ...He didn't 't intend to kill the children by jumping from a fourth floor balcony because it is not high enoug.
What an absurd statement. Feel sorry for a man who took the life of his son and nearly cost his other child's life?
A drop from a fourth floor balcony not high enough to kill a child?
How far up would he have to have jumped from to have 'intended' to kill his children?
Marilyn, Nashua, NH USA
Poor Mr Hogan. I am so sorry for him. He had experienced such tragedies in his life. When your world is falling apart you don't think. He didn 't intend to kill the children by jumping from a fourth floor balcony because it is not high enough. His mind was clouded. His former wife has already remarried although she promised to stay with him for better or worse, in sickness and in health......
R Roe, London,
He deserves 25 years, he tried to kill his children to spite his wife. Sounds like she had suffered enough, it is a terrible ordeal to love someone who suffers from depression. They constantly turn on you however much you do for them. I'd be very worried that the children had inherited the trait with that family history. God bless Liam's little soul, he didn't deserve to die so young.
redandover60, Hayes, Middlesex, England