EARLIER this evening Conor O’Dwyer’s lawyer, Yiannos Georgiades, spoke with Rosie Charalambous on the CyBC Radio 2 programme ‘Round and About’ about the criminal case against property developer Karayiannas and the woman now living in Conor’s home, Michelle McDonald.
Here are Mr Georgiades opening remarks and background to the case:
“First of all I would like to clarify that it was a private prosecution, it was a criminal case. It wasn’t the Civil Case that is still pending through which Conor is pursuing his rights and is asking for remedies. This is just a private prosecution under Section 303A of the Penal Code.
And according to this section of the Penal Code the developer or anybody really, cannot sell or rent or in any other way give possession of a house to a third person which he knows belongs to another person.
So in this case Conor bought this house and he was according to the Supreme Court Judgement in Cyprus he was the owner, the beneficial owner, from the moment he filed the contract of sale with the Land Registry.
That was done in 2006. In 2006 Conor bought his house with his wife and they filed their contract with the Land Registry. They paid CYP66,000 and later on because of disputes he had with the developer, the developer decided unilaterally to terminate this contract and sell it to another person although he knew that it belongs to Conor and although he knew that he should go to court – the civil court – in order to decide whether he could lawfully terminate this contract and sell it to another person.
Well, the thing is that the second buyer – it seems like she knew about Conor’s purchase of this house and still she carried on buying the house and that is why in this criminal prosecution we filed the case also against the second buyer. Because according to the law, section 303A, anybody who is entering into transactions of selling or renting or getting a house belonging to another is liable for criminal offence.”