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North Cyprus Property Victims | Kulaksiz 5 in Court Today

WITHOUT PREJUDICE

North Cyprus Property Victims – Kulaksiz 5 in Court Today

Today Kulaksiz 5 are in court again. This time these North Cyprus Property Victims plea for the right to continue their case. A case so many believe should never have been needed. A case that has already seen the deaths of two of the victims. How bizarre that an ongoing case can be ‘cancelled’ by a Judge who has found against them several times and has had his decisions overturned by the Supreme Court. What is really puzzling is the fact that same Judge is still sitting on this case.

Let us not forget that the reason the K5 are fighting for their lives is because of a court clerical error, a system that blames the petitioner for their mistakes and indeed punishes the petitioners for their mistakes. Are we wrong in thinking this system is flawed? Is it time for a change of Judge? Is it wrong to question the partiality of this Judge? I do not know, what I do know is the likelihood of any one of the K5 owners living to see justice for them decreases daily. Does Akfinans Bank really have a strategy to outlive the K5?

“North Cyprus Judge Usar believes Akfinans Bank will compensate K5 victims
Saturday, August 27, 2011

Let us look at what really happened to Kulaksiz 5 in court yesterday. Judge Usar had been handed a ‘hot potato’ of a case by the High Court. The High Court had received the case through an Appeal against the first verdict given by Judge Beril. So it is in fact the third hearing of the same case.

As a result of the first hearing, the Judge ruled against the Interim Injunction and if my memory serves me well, the Judge in that case made a very similar remark to the remark by Judge Usar on page 5 of Cyprus Today “He said he believed there would be no ‘irreversible harm’ to the defendants if they were evicted as the bank could compensate the Kulaksiz 5 buyers – if they were to win the main case”

The Appeal Court decided they could do one of three things:

1. Uphold the decision of Judge Beril

2. Rule in favour of the Injunction.

3. Overrule the decision of the lower court and send it back to be reheard.

They decided on option 3 which is how K5 arrived in Judge Usar’s court yesterday to hear his crushing verdict.

Boysan Boyra has said he will launch another Appeal and also requested an emergency injunction to stop Akfinans Bank doing anything from now until the end of the Appeal Hearing.

Let us look at the remarks of these learned people. When making such trite remarks, are they aware that most of the resident Kulaksiz 5 have no spare cash. If evicted, where would they live? Are they aware that the ages range from 63 to 89; can they honestly claim that if their 89 year grandparent were hounded and intimidated by the Kader family, they would suffer no irreversible damage? Do they not realise medical studies have proved that a constant state of stress impairs the immune system, combine this with the frailty of age, are they really telling us they believe these pensioners will just bounce back after such treatment. I am telling you, they won’t. The prospect of premature death is very real.

Has the Judge stopped to think that all K5 really want is to keep their homes and live the rest of their days in peace? It seems that what Kulaksiz 5 wants is of little or no importance when balanced against what Akfinans Bank Limited want. We all know that what Akfinans Bank want, they take regardless. I was going to say regardless of the consequences, but we all know, for them, there are no consequences.”

Mike Watkin-Jones, then 89 year old, has died although one can hardly claimthat  at 91 years old his death was premature. But who can really tell, certainly his last years on this earth were made unhappy by the situation he found himself in through not fault on his part.

Never give in never give up.

Pauline Read

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