North Cyprus Property Victims | Same Old, Same Old

WITHOUT PREJUDICE

North Cyprus Property Victims – Same Old, Same Old

This is a resume of the hearing for the additional evidence to be added to the main case as produced by MNCB. It is sad that the judge refused permission to put in this amendment and now we await the High Court Appeal date.

It is also sad that this request was necessary.

“Please be aware all Court actions in this case are conducted in Turkish so this is an English interpretation which cannot be relied on for complete accuracy, please refer to the original Turkish Court records for a more accurate understanding.

We remind you that K5 Group had a successful Appeal to the High Court, asking for them to have a right to be heard in Court.

The main case involves the confiscation of the buyers homes, without their knowledge, by a Bank that granted a mortgage to a landowner who had already sold the land and had given permission to build & sell villas. At the time of the mortgage was granted both landowner and the Bank knew that the villas were sold, paid for and lived in. This story is dramatised in the DVD Banks_Behaving_Badly available to be viewed on YouTube, on NCFP.

You may remember in an earlier Girne Lower Court hearing Judge Talat had ruled that the Bank had done no wrong in this case. This Judgement caused alarm to K5 Group and their legal advisors at the time. The Bank had allegedly suppressed critical information, about completed & inhabited houses being on the site, from the Tapu and the Court when asking for permission to acquire and auction. They sought permission to auction only “bare land”. Yet the Judge had ruled that this failure to disclose the victims property was not significant to the case. The Judge also contended that evicting and selling victims homes before the case was completed would not have irreversible consequences for the victims. Some of the victims are in their 80’s and 90’s.

Thankfully, on Appeal the High Court overruled this earlier flawed Girne Lower Court Judgement.

So after their successful Appeal and well over 100 Lower Court appearances, K5 Group returned to the Girne Lower Court. They had applied in March for new evidence to be admitted in the K5 Group main case against the Bank, this evidence was detailed in a subsequent Girne Court hearing. The Bank objected to the new evidence being introduced.

So on August 6th 2013 they attended to hear Judge Talat’s ruling on the admissibility of the new evidence. K5 Group had asked for this new evidence, vital to their case, to be included in the pleadings of their main case against the Bank.

This new Girne Lower Court Judgement was delivered so quickly in Turkish, that we were told even Turkish speakers present could not immediately comprehend all of it. Knowing the significance of this case to all expatriates. One could have wondered that maybe some thought could have been given to K5 Group and their supporters by having an English translation immediately available. We all had to wait some time for the written version and then have it translated into English ourselves. Not quite transparent Justice you may think.

To K5 Group and their Advocates dismay the Girne Lower Court Judge Talat ruled that they could not introduce any of the new evidence. This was considered by K5’s eminent advisors a most unusual judgement, for we are told that normally new evidence is allowed without too much question. The Bank representative could not hide his jubilation at this decision. K5 Group had only 14 days from Judgement to lodge any Appeal.

From the English translation of the Judgement there was surprise and amazement at the sweeping rejection of all the new evidence proposed. There was particular astonishment at Judge Talat’s contention that the compelling house buyers Human Rights abuse evidence could not be admitted. For under the International Human Rights Convention, which is upheld by Turkey and included in the oath of all KKTC MP’s on taking office, these universal human rights are considered binding on the TRNC administration. So if the Girne Court will not hear evidence of abuse of these human rights, just who do Turkey and the KKTC Parliament hold responsible for upholding these rights in the TRNC.

Are we to suppose there maybe some hidden logic here, e.g. if the Girne Court is not prepared to hear the evidence they will certainly find nothing wrong. But it does beg the question where is TRNC human rights justice administered. After a detailed examination of the Judgement, K5 Group and their Lawyers decided they had no option but to Appeal what they consider is a seriously flawed Girne Court Judgement. They have established 6 grounds for appealing and have submitted this Appeal to the High Court in Lefkosa. An Appeal Court Hearing date is now awaited. So the saga continues.”

So the main case, whether the High Court allow this evidence to be added, will be heard by the same Judge who has rejected our application to have this added. I will leave the reader to arrive at their own conclusions.

One thing is certain, the main case hearing for K5 is still a long way off.

Pauline Ann Read

 

 

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