Founding President Mr Rauf Denktaş comes to support Geoff Day in court

Founding President Mr Rauf Denktaş

Today was Geoff Day’s 56th court appearance at Girne District Court. We were today honoured by the presence of the TRNC’s Founding President Mr Rauf Denktaş, a truly generous gesture on his part.

The Court case scheduled for 2.00 p.m.

Geoff assumed his usual position in the witness stand with his interpreter to the right of him.

The Prosecutor started his cross examination of Geoff by going back to the issue of the 39 pieces of wood asking Geoff if he had a receipt for them. Geoff said he did. The Prosecutor asked the name of the company and Geoff said it was a shed company on the west side of the island. The Prosecutor wanted to know if Geoff knew who owned the company, Geoff said he had no idea. The Prosecutor said it was not a proper receipt. Geoff said it was. When delivered he paid for the wood and was given the document (assume receipt) although it was not a supplier Geoff used regularly. The Prosecutor accused Geoff of never purchasing the 39 pieces of wood. Geoff said he never stole it, he purchased it. The Prosecutor said it was wood used for roofing and that Geoff stole it. Geoff said he did not accept that statement. Prosecutor asked Geoff when he bought it. Geoff said between 2006 and 2008 and advised him to look at the date on the receipt which was entered in evidence. Prosecutor said there was no date on the document. Geoff said he could not comment as he had not seen the receipt for a long time. There were questions back and forth on this issue, why Geoff didn’t have it on him when arrested, why it took time to find it, where he found it, and on and on and on. The Prosecutor again claimed the document did not relate to the 39 pieces of wood. Geoff said it did, Prosecutor accused him of stealing it and Geoff denied it and on it went.

The whole issue of Geoff’s arrest was brought into the hearing, as was the search, many pictures were produced. The issue of being denied legal representation whilst in custody, the Prosecutor again said this was not true, but clearly he was on an uphill struggle. It is difficult to prove someone is lying when it is clear to all watching that he is not. Geoff took the opportunity to point out that he was never formally arrested, no search warrant was ever shown to him and that many big mistakes were made in the early part of this case. Geoff and Mary’s incarceration were discussed and their being escorted to their own home and kept outside the front whilst the police, and Recaioglu and his brother were at the back of the house, conducting the search.

The statement given by Mary after the arrest was brought up by the Prosecutor who said Geoff was lying and that Mary had legal representation at that time, Geoff said he could not comment because he was not there. There were more pictures taken at the time of Geoff and Mary being escorted to their home by the police to try and disprove Geoff’s version of event. I for one was not persuaded by the Prosecutors arguments. The Prosecutor got Geoff to confirm that Recaioglu and his brother were not on the police photos – STOP – now if Geoff and Mary were at the front of the house, and the brothers at the back, why would they be on the photos (just a thought).

Now we get to Malcolm the Mastic Gun. Important questions were asked, how long had Geoff owned it? Geoff said 35 to 40 years, did Geoff have the receipt. How many mastic guns did Geoff own now, Geoff 4 or 5; how many before Geoff’s arrest, Geoff confirmed the one in custody (Malcolm) and a cheap locally bought one. Much was made of the fact they didn’t find the cheap one in the shed with Malcolm and so according to the Prosecutor, Geoff must be lying about owning a cheap one. Back and forth it went, every effort being made to make Geoff stumble in his answers, he never did. The relevance of how many mastic guns and what colour silicone Geoff owned and used was lost on me. The fact that mastic guns can be used as an applicator for other materials than silicone was lost on the Prosecutor. To summarise the quality of mastic guns, the colour of silicone, the place to purchase such items was bounced back and forth and where were all the receipts. How many of us keep receipts, how many of us are even offered receipts? The uses of a silicone gun, the fact that you do not always wish to change a part used container, so you use a different mastic gun, all these technical points were discussed, dissected and discarded. Geoff was closely questioned, acquitted himself well and as always came over as a teller of truth. The opportunity was not missed by the Prosecutor to again point out that Malcolm the Mastic gun was not on the list of goods in Geoff’s container and again Geoff pointed out it was, under tools. Geoff then was questioned about the use of mastic guns and silicone and as ever Geoff gave a full and informative reply.

I have to say during these exchanges the Defence gave a good and spirited account of herself and on many occasions intervened. The Judge also pulled the Prosecutor up a few times. Pressure pumps, new water tanks and the siting and re-siting of same was gone into in depth. It seemed pretty clear to me that Geoff had fitted two more plastic water tanks and in doing so had re-sited the metal one. The Prosecutor made much of the fact that photos of the tanks looked different, but I easily understood why, before and after photos, always do. This was all to try to prove Geoff had stolen a pressure pump. Of course he had not, and nothing the Prosecutor came up with proved otherwise in my opinion. One last interesting observation by the Prosecutor was when Geoff said the pressure pump supplied with the house was broken. Why then, asked the Prosecutor, didn’t Geoff claim for it under the guarantee given by the builder, in deference to Mr. Denktaş, we all refrained from laughing.

Next we came to plumbing. We established that Geoff had bought and fitted many items himself in order to have usable facilities. The Prosecutor asked if the plumbing system complete. No says Geoff and still is not.

I am sorry to say, that I then proceeded to cough and knowing that I was about to have a coughing spasm. I hastily left the court. I waited outside till the end of the hearing. The cheerleaders assured me that indeed I had missed very little. Apparently Geoff’s sewage finds its way under the house and ends up in the pool. Nasty!

The next hearing is on Monday 11th October 2010 at 2.00 p.m. No. 57

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