North Cyprus Property Action 6th May 2012 | The Betrayal

Three weeks today the Auction of the land and half finished villas at the Karmi/Robb site will go ahead. I am confident this will happen after reading the statement made by Mr. Nazim Cavusoglu in yesterday’s edition of Cyprus Today that no one will be made homeless. With regard to this particular development Mr. Cavusoglus is quoting as saying:

“The auction is being held because of court order dating back to 2009. There is no-one living on the land and there is just a few unfinished villas there. The auction is taking place because of a court ruling and will not render anyone person homeless”.

In that statement Mr. Cavusoglu is correct. However what he fails to see, is the reason no one is living there is because they have already been cheated once, having paid more than two thirds of the their purchase prices, and in one case I believe all of their purchase price, by Aga Development Limited whose two shareholders, Gary John Robb and Akan Kursat of Talat Kursat are both accused of criminal fraud and money laundering in the British High Court ruling dated the 30/03/2012, and who failed to honour their commitment to the purchasers.

Some of the purchasers are now renting property in North Cyprus. Had they not been duped, they would be living in their properties. But let us look at this promise that no one will be made homeless, for how long will this promise extend. Until they die, then what? Who knows it might even last as long as the Property Complaints Office. I seriously doubt that is the case. In my opinion, the Government will allow the land with unfinished property on to be auctioned first and then move on to those that are occupied. We have seen the promises made to other victims and then broken with alarming regularity. Who will ever forget the 5 Wisemen Committee? Justice should be equal but everyone effected by this travesty has come to know, some people are more equal than others. The property victims come way down the pecking order.

Having mentioned the British High Court Judgement, let us look at what a Turkish Cypriot Advocate and expert on criminal law had to say within this report. Page 15 no. 60.

60. “If that analysis is wrong the expert evidence of Emine Colak obtained by the claimant is that there would be equivalent offences in the TRNC under the Criminal Code chapter 154 Sections 297, 298 and 300. The defendant’s expert agrees with her exposition of the relevant sections of the code but expresses the opinion that failures to comply with the contractual obligations, which he considers on the facts is what happened here, would not be unlawful under the criminal code. Ms Colak responds that IF DISHONESTY is present that will render the conduct CRIMINAL. Ms Colak’s view is to be preferred, particularly as the defendant’s expert Mr Aygun accepted that he had not seen all of the relevant documents relating to the defendant or his companies activities.”

“If dishonesty is present”, well let us look at that. Is it honest to sign a Contract that claims no mortgage on it and guaranteeing to keep it mortgage free until transfer of title, knowing that there is already a mortgage in place? Is it honest to then take a mortgage after taking the purchasers’ money and signing the self same contract? Is it honest for a Bank to examine a Contract with such a clause on and then collude with the borrower by advancing mortgage money on that land? Is it honest to borrow money you know you cannot or will not repay and knowing the lending source will put memorandums on properties still in your name but sold to another? This dishonesty renders these acts criminal even in North Cyprus where we keep being told fraud is a civil offence. Well it would seem Ms Colak’s opinon is diametrically opposed to the opinion of the majority of the clique of Advocates. Strangely, Ms. Colak’s opinion is in tune with every other civilised country in the world.

Be at the Auction on the 6th May 2012, wear a black armband as befits one in mourning for the property sector of North Cyprus. You will be witnessing yet another act of betrayal, the betrayal of those who believed that the law and the Government were there to protect them.

Power to the people

Citizen Smith

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