LAWYERS who secured the conviction of Greek fascist party Golden Dawn as a criminal organisation say state prosecutor Adamantia Economou is misrepresenting the law over mitigating the sentences of its members.

Ms Economou was opposed to banning Golden Dawn, arguing unsuccessfully that the criminal acts being tried – the murder of rapper Pavlos Fyssas and attempted murder of a communist trade unionist and an immigrant fisherman – should be considered crimes of individuals.

She said today that she “remained loyal” to that view but “I cannot ignore the court’s judgement.”

Her declaration on Thursday that she could not suggest mitigation was described as a “sulk in tone and language” by sources close to lawyers who acted against Golden Dawn.

“What mitigation can I suggest with your court’s decision?” she asked.

The dismissal was perceived as a rebuke to the court for going against her advice.

Ms Economou has now claimed that mitigation could be considered for Golden Dawn members who did not individually commit criminal acts, but this has been described as “a total misreading of the law” since Article 187 of the penal code states that this would only apply if the organisation did not commit any crimes. But Golden Dawn was found guilty of co-ordinating and planning the acts of terror carried out by its members.

MEP Ioannis Lagos, elected for Golden Dawn, is among seven former Greek MPs found guilty, and was shown to have been in phone contact with Mr Fyssas’s killers on the night of the murder.

But his membership of the European Parliament confers immunity so it is unclear if he can be imprisoned. 

European United Left/Nordic Green Left MEP and European Parliament Vice-President Dimitrios Papadimoulis of Syriza tweeted that “all democratic forces in the EU Parliament should work together to form a wide anti-fascist front to isolate [these] kind of fascist elements in our House,” naming Mr Lagos and Athanasios Konstantinou, another MEP elected for Golden Dawn. Both are now independents.

The court has adjourned until Monday and sentences are likely to be issued then.