North Cyprus Property | Mandamus Case | Further Details

North Cyprus Property | Mandamus Case | Further DetailsWITHOUT PREJUDICE

North Cyprus Property | Mandamus Case | Further Details

I arrived at the court this morning together with Agile and a supporter. At first it was very quiet, but then we were early.  All that changed, my advocate arrived, he had already told me he was withdrawing from the case and I had already made up my mind to withdraw the case. The editor of NCFP will confirm this as fact that because he had received the press statement with instructions to publish it at 11.00 a.m.

Along came the owner of CAC with two men, Akan Kursat and the advocate for the two ladies who attended last week. The intimidatory actions by one of the men accompanying the owner of CAC, and her using her phone to take my picture, was reported to the court officials. It was noted that one of the young men with the owner of CAC was a house owner at the site that had received the pre-auction notice.

I also happened to meet my good friend Sener Elcil who had a case of his own there today. However, it seems the owner of CAC must have worked out that I had arranged a press conference at the Teachers’ Union later, because she tried to gate crash and when asked by Sener if I wanted her there, I said no. She did however wait outside in the Teachers’ Union social area until we had finished. Why, I cannot tell you because by now both she and her ‘client’ knew I had withdrawn the case.

I digress, back to the action at the court. My advocate along with Akan Kursat, the advocate for the ladies, and the prosecutor went in to chambers. Later when they came out, I was called in with my Advocate and the Prosecutor. I was told by a High Court Judge that my Advocate had withdrawn from the case and asked if I needed time to find a new Advocate. I said no, because I would like to formally withdraw the case. She then dismissed my former advocate and just the Prosecutor and I were present. She explained that Akan Kursat and the other advocate had asked for, and had been given leave to file a case asking for my Breach of Contract award of the 6th November 2009 to be overturned. The first thing that occurred to me was Akan Kursat representing one of the owners in a case against Pauline Read, one of the Kulaksiz 5 litigants…a conflict of interest maybe? However since I have withdrawn the case, this will be unnecessary. I then gave a formal statement to the Judge who translated it into Turkish for the benefit of the court recorder. At all time I was treated with respect and courtesy. I did show the judge the copy of the pre-auction notice which gave a value of 224,300 lira and said I was confused how such a small sum could make so many people homeless. I also showed her the first search on which the first Injunction was made showing 7/8 of the site in the name of Kulaksiz Construction.

When I went back outside I told the young man with the CAC owner that I had withdrawn the case and intended to lift the memorandums at their expense . His response was ‘you are scum’. I can assure you that if the bank had been as compassionate with the Kulaksiz 5, not one of us would have called them scum.

I do not know how the bank got knowledge of the Press Conference, although I can guess. One of their employees was there and was very civil to me. So whoever told them, their intent misfired.

I can only say, what super super news. All of you who have memorandums on your property should immediately apply for leave from the High Court to start a case to have the court order allowing this to be overturned. If the High court gives leave for a court order almost four years old to be challenged, then there is hope for all of you. It also tells me that the case now in the courts for the repossession order on the K5 properties to be overturned has much merit.

Pauline Ann Read

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