Kulaksiz 5 Judge’s decisions – Akfinans Bank are innocent, the North Cyprus property victims are to blame

The Hearing at which we were given Judge Talat Usar’s decision not to grant an Interirm Injunction started at 10.33 a.m.

Since the Judge’s decision was read out by him entirely in Turkish, I was at an obvious disadvantage. Akan Kursat and Mehmet Kader were conspicuous by their absence today. Perhaps they already knew the verdict. In Kursat’s place was a young Advocate who looked about 18 but was probably older and a companion. Some way through the proceedings an older woman came into the court and a series of hand written messages kept being passed from the youngster to the older woman. I can not be absolutely sure but I got the feeling that the older woman was Akan Kursat’s Advocate wife.

Boysan Boyra had two assistants with him and from the very beginning of the Judges’s address, the body language was telling me things were not going well for Kulaksiz 5.

The Judges mention of Richard Barclay and Abdurrahman Guney repeatedly had me concerned.

Fortunately, Pembe my fellow commitee member from Stop the Blackmail in North Cyprus Facebook Group came into court part way through so I was able to get some facts from her. On one occasion I sent her a message asking how it was going, she replied with ‘he said you guys could have done something earlier to prevent it’. That in itself was enough to tell me we were on a hiding to nothing. I could feel that Turkish Cypriot ranks were closing and when after the case Pembe told me that the Judge described Akfinans Bank as a normal Bank going about it’s business (or words to that effect) it was as much as I could do not to throw up. What is normal about charging 250% initially and then having it reduced to 80% quarterly compound by the court.

What is normal about a Bank breaking into my villa, changing the locks and then a car with Mehmet Kader inside it being driven at speed a one of the former residents causing him to have to jump out of the way to avoid injury. What is normal about Bank personnel being photographed breaking into the home of a elderly sick owner and forcibly taking possession of her villa. Both these acts undertaken without a court order. seemingly with the police collusion and with no attempt by the police to help the victims. Apparently the Banking laws were also mentioned. Seems the law in the TRNC is a one way street. We, the victims have to adhere to them, the Bank, well you judge for yourselves.

The two reasons given by the Judge, as far as my understanding of it was.

1. When the group were using Gunesh Mentes, they withdrew a case, they, in the Judges opinion, should not have. The group are adamant that Gunes Mentes did this by mistake and not with their instructions. I was not party to this case.

2. That having learned of the case, the group made no attempt to join the case. This would be the case that Akfinans had mounted against Kulaksiz Construction and the Landowner that resulted in their obtaining the repossession order on the 20th November 2008.

I personally could testify that we, as a group only learned about this case in a meeting with the Bank on the 9th July, 2008. Ertul Kader, of the Akfinans Bank Limited family, stated quite categorically at that meeting that the legal case had reached its end and that after the summer recess they would attend the court to be given the Judges decision (exactly as we were today) and it was too late for us to do anything.

It is a sad state of affairs when the victims of the fraud are blamed. The Judge seemed to believe that the Bank are blameles despite overwhelming evidence to the contrary which it is possible the Judge did not know of.. How can the victims be turned into the villians. Even if they had not acted, how can robbing old people of their life savings be deemed as acceptable?

One final note. Akfinans did petition to have me Pauline Read removed from the case, the Judge refused to do this.

Boysan Boyra intends to Appeal this decision. He also intends to apply for an emergency Interim Injunction to protect the homes of K5 from now until the end of the Appeal Hearing.

As usual, the courts, the legal system and the advocates will be getting rich at the expense of the victims. Nothing new there then.

TRNC Government hang your heads in shame.

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