Pauline Read’s Kulaksiz 5 interview – part 7

Polly Marples: So let me get this straight, Girne District court closes down through July and August but the High Court does not?

Pauline: Yes that is true; in fact we made some trips to Lefkoşa to the Judge’s chambers during the summer months, getting our ducks in a row as it were.

Polly Marples: So the Breach of Contract action was on hold until the end of the summer recess and the necessary preliminaries were going ahead on the Appeal at the High Court?

Pauline: Yes that is correct.

Polly Marples: So when was the first hearing after the recess at Girne District Court?

Pauline: Friday the 25th of September and more surprises.

Polly Marples: Do tell.

Pauline: Not only had we had a change of Judge, now Judge Ilker Sertbay, but the other side were asking that I be made to lodge 5000TL with the court, just in case I lost the case!

Polly Marples: You have got to be joking on both counts. How could they ask you to lodge money with the Court?

Pauline: Well the new Judge came about on account of the old one, Mehmet Turker, being moved to Famagusta District Court and the asking for the 5000TL apparently is the legal right of the Defendant. It was argued that since I had Injunctions giving me security against their losing, they had none against my losing and obviously they would be looking for court costs. The legal terminology is the right to apply for an order for security of costs under current TRNC Court Procedure.

Polly Marples: But that is ridiculous, you live here.

Pauline: Yes, but they argue I could do a runner and since I do not have the Kocan, they would be left with nothing.

Polly Marples: Don’t they understand that you don’t have the Kocan because the Defendant was unable to transfer it to you and he cannot use your villa as security because he took a mortgage out on it already? Talk about unfair.

Pauline: Tell me about it, but as my old grandma used to say, fair, whoever told you that life was fair? Another prime example of the antiquated legal system designed to favour the criminals.

Polly Marples: So what happened when you met this new Judge and how did he view their application for you to lodge the 5000TL?

Pauline: First things first. I believe they asked for the 5000 TL believing | did not have it and that I would abandon the case.

Polly Marples: Clearly they do not know you as well as I do.

Pauline: Indeed. On the way to the court, I called into the bank and withdrew the 5000TL to take to the court hearing with me. When we went into the hearing, Judge Sertbay listened to their application and denied it. Then I was called to the front of the court and through an interpreter he said he was minded to rule in my favour but first he would like the builder and I to try to find an amicable solution. Obviously I agreed to his suggestion but did not have much hope of doing so.

Polly Marples: So what happened, did the builder make any attempt to negotiate with you?

Pauline: No, of course not.

Polly Marples: The Judge could not have been too pleased at this.

Pauline: No he certainly was not, he gave the Abdurrahman Guney a good dressing down in court, and then the Advocate acting for him publicly ‘sacked’ his client in the court.

Polly Marples: Oh no, that must have been amusing. So what did the Judge say at the Advocate sacking his client?

Pauline: Oh, prior to that we had an occasion where the neither the Advocate or the client turned up and although they had gotten away with such behaviour in the past, this Judge was very angry and demanded the Advocate present himself by 12 noon or he would allow me to ‘prove’ my case and give his judgement. We got very excited and I was primed and ready by noon. However the Advocate for the Defendant made a plea to the Judge and was given more time.

Polly Marples: It sounds more like a 3 ring circus than a court hearing. So what happened next?

Pauline: Well, after the sacking, Abdurrahman Guney was given more time to find another Advocate. So a new hearing date was fixed.

Polly Marples: So at the next hearing the Defendant had a new Advocate?

Pauline: Not exactly, he came without a new Advocate but, with a new Director of Kulaksiz Construction  having stood down, he failed to realise that his name was on the Contract so it wasn’t as easy as just saying ‘I am no longer the Director, therefore I am not responsible.’

Polly Marples: Was the Judge impressed?

Pauline: The Judge was not and neither was I. the new Director was the old plumber, the one of my Titanic bath saga fame. You remember, the sinking bath with Leo and his lady standing on the end and Celine singing in the background.

Polly Marples: What a shock, you must have furious?

Pauline: You could say that, I was jumping up and down on the bench, sticking my hand up like the five year who wants to go to the bathroom, trying to get my Advocate and the Judge’s attention. I could not be sure they knew he was the plumber.

Polly Marples: Did you get their attention?

Pauline: Oh Yes, the Judge said if I didn’t behave he would have me removed from the court.

 

———————-Part 8 to follow——————-

 

 

 

Print Friendly, PDF & Email

Comments are closed.