Conor O'Dwyer emerges victorious!!

[Cornholio]

Developer found guilty of assault
By Nathan Morley
Published on October 28, 2010

THERE was jubilation last night amongst supporters of British property buyer Conor O'Dwyer as a developer from Paralimni, his son and an associate were convicted of assault and actual body harm.

In a surprise outcome after hours of summation, Judge Evi Antoniou at Famagusta District Court ordered the three men into police custody pending mitigation and sentencing next Monday.

The case, which has been in court for several years, came after O’Dwyer reported being beaten up following an incident outside a disputed house in early 2007.

The father-of-two was forced to travel to Cyprus on more than seven occasions to be present at court hearings, only to be faced with a series of obstacles and adjournments.

O’Dwyer’s lawyer, Yiannos Georgiaides, said he was pleased with the outcome, but also noted that there was a feeling of disappointment that the charges had been downgraded from grievous bodily harm to actual bodily harm - which carry more lenient custodial sentences of up to five years.

“At least these people have been found guilty of his assault. I think justice has been done and we now have to wait for the sentencing,” he said.

Those convicted of actual bodily harm are also subject to a custodial sentence, but the Cyprus Mail understands that the prosecution legal team is now considering an appeal to have the charges upgraded to GBH.

“It’s a good result, now we wait,” Georgiaides added.

British national television network ITV has also been following the story and were on hand to film yesterday’s events – for a programme which will be broadcast to millions of viewers next year.

The case has been a hot topic of conversation for the past two years, with some legal commentators expressing bewilderment that an assault case should have dragged on for so long.

O’Dwyer spent a week in Larnaca General Hospital after the attack and said the incident blighted his family life.

The controversy between the two parties began five years ago when O’Dwyer claimed he purchased a house in Frenaros that was then resold without his knowledge by the developers.

The developers dismissed the accusations and accused O’Dwyer of attempting to extort a more expensive house from them – a charge that O’Dwyer flatly denies.

He claims the spat resulted in him losing the house and £100,000 he had paid for the property.

Last month O’Dwyer gained international attention when he held a four-day peaceful protest outside the Presidential Palace in Nicosia, spending two nights sleeping just yards from the main entrance to publicise his lengthy legal battle.

Video clips of O’Dwyer’s plight, posted online, have caused outrage amongst many home-owners, who demanded to know why the dispute was not quickly settled in court.

He widely publicised the details of his property dispute with the developers on YouTube and on the website lyingbuilder.com. However, since the beginning of the court case he ceased posting updates.

Developers have been twitchy about the long-running saga, which has been reported worldwide and is said to have caused “untold damage” to the local real estate industry according to commentators.

Developer found guilty of assault - Cyprus Mail

 

[Lysos]

Great news, but I doubt custodial sentences will be passed, unfortunately.

 

[Veronica]

You are probably right Lysos which is a shame. They should lock them up and throw away the key.

 

[Lysos]

As we feared - suspended sentences. Outrageous.

 

[Veronica]

Plus O'dwyer is up in court for posting videos etc on you tube. It seems that standing up for your rights is not allowed.

 

[Cornholio]

Justice denied!!!!

Developers escape jail sentence in assault case
By Patrick Dewhurst
Published on November 4, 2010

THE property developers convicted last week of assaulting a British expat escaped jail yesterday after the presiding judge handed down a 10 month suspended prison sentence for two of them and issued the third a €3000 fine.

Christoforos Karayiannas, 55, and his son Marios Karayiannas, 35, received the jail sentences suspended for two years while their associate Charalambous Ttigis, 31, who allegedly pinned down Conor O’Dwyer during the assault in 2007, received a €3000 fine.

They were found guilty of actual bodily harm (ABH) against O’Dwyer, who said yesterday “I am absolutely shocked and disgusted. This trial was 100 per cent worse than the assault. It seems that in two years of hearings the judge has lost sight of who the victim was.”

O’Dwyer’s lawyer in two other cases that he has against the Karayiannas’, Yiannos Georgiades, also expressed his surprise at yesterday’s decision. He told the Cyprus Mail “I’m quite shocked. In other cases... where three men have assaulted one vulnerable man... the assaulter has ended up in prison.”

He also questioned the judge’s decision to reduce the conviction from grievous bodily harm (GBH) to ABH, and from a custodial to a suspended sentence.

The sentences follow an equally lenient sentence handed down to Christoforos Karayiannas for crashing into O’Dwyer’s car during the incident in 2007. He received a mere two penalty points on his driving licence. Had he been given three he would have lost his licence.

During the trial, the court heard how the men rammed O’Dwyer’s rental car at a busy junction in the eastern village of Frenaros. He was then subjected to a savage beating, including having his head stamped on – the attack left him in hospital for a week.

The controversy between the two parties began five years ago when O’Dwyer claimed he purchased a house in Frenaros that was then resold without his knowledge by the developers.

An emotional O’Dwyer said he was in a state of shock at hearing the result, having spent years protesting and campaigning to have his case heard. “So far all I have gained is two points on (Karayiannas’) licence and a suspended sentence”.

The civil case against the Karayiannas’, which will examine a dispute over the termination of the contract between O’Dwyer and the developers, is due to begin on Friday.

A second private criminal prosecution case is already underway, for the alleged double sale of O’Dwyer’s house. At the same time, Georgiades said, the Attorney General is also bringing a case against O’Dwyer for the content of his website.

Developers escape jail sentence in assault case - Cyprus Mail

 

[Cornholio]

Update on related cases.

Lysos & Pippin,

Here is part of a previous article detailing the related cases still in progress:-

Meanwhile, the state has filed charges against O’Dwyer - following a complaint from the developer - over a website he created, Karayiannas Victim - The Truth about Karayiannas Developers in Paralimni Cyprus documenting the dispute with Karayiannas and his treatment.

According to the indictment, O’Dwyer faces seven charges – two for posting offensive messages “without reasonable cause”, two for posting harassing messages “without reasonable cause”, two for publishing personal data and one for “threatening violence”.

The latter, according to the details of the charge, refers to a threat the defendant allegedly made to post recordings of his conversations with Marios Karayiannas on his website unless he “carried out an act which he had no legal obligation to undertake”.

The indictment further adds that O’Dwyer’s goal was to insult the reputation of Marios Karayiannas and his company.

The alleged offences took place between January 1, 2006 and December 31, 2008.

Though not too serious, some of the charges do carry custodial sentences.

The state’s decision to prosecute O’Dwyer on these grounds has raised questions, especially after the attorney-general back in May decided not to prosecute anyone over death threats against a journalist posted on the Christofias-watch blog.

The timing of the state’s case has also raised eyebrows as it comes some four years after the alleged offences took place and during a private prosecution case O’Dwyer has initiated against the developer.

In fact, O’Dwyer, says he was served with the papers on the day he was due to testify in his private prosecution case.

The private prosecution case concerns the alleged unlawful sale of O’Dwyer’s house to a third party.

O’Dwyer filed a private prosecution case under Article 303 (A) of the penal code, after the state said it would not press charges against the developer citing lack of evidence.

However, the court has found there is a prima facie case. Closing arguments for that case are scheduled for November 26.

Three days earlier, O’Dwyer will have to appear before court to answer to the charges regarding his website.

It is understood that his defence will file a motion for the case to be thrown out because of the time that has elapsed and that it was frivolous, vexatious and an effort to intimidate O’Dwyer for pursuing his rights.

O?Dwyer assault sentencing delayed - Cyprus Mail

 

[Cornholio]

Update............

AG will appeal sentence in O’Dwyer case
By George Psyllides
Published on November 5, 2010

THE Attorney-general will appeal a court decision and the sentence handed down in the assault of a British national by a developer following a dispute over a property.

On Wednesday, a Paralimni court sentenced developers, Christoforos Karayiannas, 55 and his son Marios, 35, to a 10-month jail term that was however suspended for two years for assaulting Conor O’Dwyer in 2008.

A third man involved in the incident, 31-year-old Charalambos Ttigis was fined €3,000.

The court found the trio guilty last month of assaulting O’Dwyer and causing actual bodily harm (ABH) – and not the more serious grievous bodily harm (GBH) count the state had charged them with.

State prosecutor Thanasis Papanicolaou told the Cyprus Mail yesterday that the state will appeal. “I have been authorised by the Attorney-general to file an appeal for both the decision and the sentence,” Papanicolaou said. He added that this would be done in the next few days.

Papanicolaou stressed that the fact that the plaintiff was British did not make any difference to the state.

“Every person has rights in the Republic of Cyprus, whether they are Cypriots, foreigners, EU nationals or third country nationals,” he said. “The Attorney-general’s position is that nothing changes because he is British or any other nationality. Justice is for all.”

The GBH charge carries a maximum of seven years in jail while ABH goes up to three years.

AG will appeal sentence in O?Dwyer case - Cyprus Mail

 

[Cornholio]

Update............

O’Dwyer developers guilty of 2006 assault
By Elias Hazou
Published on January 26, 2011

FATHER AND son Christoforos and Marios Karayannas were yesterday found guilty of assaulting their client Conor O’Dwyer in 2006.

The case, tried in the Famagusta district court, relates to the first assault on Conor by the developers from whom he had bought a villa.

The injuries sustained during this assault were not serious. Conor was assaulted again in 2008 by Karayannas and ended up in hospital for six days with serious injuries. The civil case for this assault is still pending.

Both father and son were found guilty of the second assault by the Criminal Court of Famagusta last year and although the judge pronounced a 10-month prison sentence, the sentence was suspended. The Attorney General is appealing against the suspension of the sentence and the decision issued by the judge, on the grounds that they were found guilty of actual bodily harm and not grievous bodily harm.

In court yesterday, the judge noted that both defendants are liable for the injuries that they caused to O’Dwyer and the damage to his video camera.

The judge did not accept the argument that the defendants tried to use reasonable force to prevent the plaintiff from entering their property. The plaintiff was in a public place and was not trespassing.

According to the judge, the two defendants tried to stop O’Dwyer from leaving the place.

The judge said the defendants forcefully grabbed the plaintiff’s mobile, preventing him from calling his lawyer and then grabbed his video camera. They pushed him around while he was trying to get into his car, injuring him and they broke his camera.

The Court ordered the defendants to pay the plaintiff total damages of €1,739 plus interest and legal fees.

During the trial the defendants claimed that the incidents were triggered by O’Dwyer’s behaviour. They said he was ruining their reputation on the internet because of a dispute with them over a property transaction.

The judge dismissed this, saying “...any disputes among people who enter into commercial transactions are not resolved by the use of force or by causing fear or through verbal abuse.”

O?Dwyer developers guilty of 2006 assault - Cyprus Mail

 

[Disillusioned]

Glad to see that Judge saw it as it was. I was in court when Marios Karayiannas admitted that he lied in an affadavit he swore at the SBA. Let's hope a perjury charge against him follows.

 

[Veronica]

Glad to see that Judge saw it as it was. I was in court when Marios Karayiannas admitted that he lied in an affadavit he swore at the SBA. Let's hope a perjury charge against him follows.

If this case goes in favour of the plaintiff and Karayiannas is punished maybe it will be a sign to other unscrupulous developers that they can no longer get away with riding roughshod over everybody.
Thankfully there are more honest developers than dishonest ones here but unless you know which ones are to be trusted it is so easy to fall into a trap.:frown:

 

[Disillusioned]

Afraid I haven't come across any honest ones thus far and know more victims than happy purchasers.

 

[Veronica]

Afraid I haven't come across any honest ones thus far and know more victims than happy purchasers.

I am sorry that you have been one of those who have had a bad experience but I can assure you that there are very very many happy home owners. I have perosnally met very few who have been ripped off. Yes many have minor problems but these problems are usually resolved. The ones who have been ripped off are by far in the minority.
Now that certain members of the legal are standing up agaisnt not only the unscrupulous developers but also other members of the legal profession things will start to change,. In the past lawyer have been afraid to stand up agaisnt other lawyers but not any more. There are now a few good ones who are fighting for justice for people who have been ripped of both by developers and by lawyers.

 

[Disillusioned]

1 lawyer has taken on another and it took 10 years. The couple lost their health, well being and it cost them their relationship. Still none have been struck off by the toothless Bar Association. 68 euros to complain about being defrauded by a lawyer then they sit on your complaint for at least 12 months before they even look at it.

My contract of sale was withdrawn from the Land Registry using a Power of Attorney not even in my name. My house was re-sold for nearly double my contract price and the developer kept all my money as well. The Land Registry didn't even notice. Even though they have accepted liability they say it may take much more than a year for them to do something. On a visit to them the other day they told me to take them to court. How long does the average court case take in Cyprus? At least 5 years.

Not everyone is defrauded out of their life savings as Conor and I have been but every person I know has been ripped off when selling without deeds. Every person I know who has sold has been ripped off for IPT. Working closely with CPAG showed me there were thousands of victims at all levels of cost.

 

[Veronica]

1 lawyer has taken on another and it took 10 years. The couple lost their health, well being and it cost them their relationship. Still none have been struck off by the toothless Bar Association. 68 euros to complain about being defrauded by a lawyer then they sit on your complaint for at least 12 months before they even look at it.

My contract of sale was withdrawn from the Land Registry using a Power of Attorney not even in my name. My house was re-sold for nearly double my contract price and the developer kept all my money as well. The Land Registry didn't even notice. Even though they have accepted liability they say it may take much more than a year for them to do something. On a visit to them the other day they told me to take them to court. How long does the average court case take in Cyprus? At least 5 years.

Not everyone is defrauded out of their life savings as Conor and I have been but every person I know has been ripped off when selling without deeds. Every person I know who has sold has been ripped off for IPT. Working closely with CPAG showed me there were thousands of victims at all levels of cost.

We have bought and sold and not had the problems that a lot have had simply because we made sure we had a completely independant lawyer. Even when it came to paying the developer for transfer when we sold our lawyer stood firm against them to get their charges down. We were very happy with what we paid in the end.
I know the CPAG is doing a great job fighting for the people who have been ripped off but those of us who have not become members ofthe CPAG are those of us who have NOT been ripped off. If you research into how many members the CPAG has and how many Brits own property here you will find that there are far more people who are not members ofthe CPAG than those who are.
I think that will speak for itself.
As I said I admire what the CPAG is doing and I do sympathise with those who have had bad experiences but that does NOT mean that everyone who buys here has a bad experience.

 

[Disillusioned]

I think people have got so used to being ripped off that when they are not ripped off for much they are relieved. You say your lawyer got your charges down and were happy with what you paid. The charges are unlawful and you shouldn't have been charged any more than about £50 admin fee. All it takes is a signature on a document.

Anyway, glad you are happy with your lot but with the latest Judges ruling that it is not illegal to sell a property twice and a contract at the Land Registry means nothing we are certainly living in worrying times and she has just about killed a dying market off.

 

[Cyprus Property]

This is all in all a real shame for O'Dwyer but hopefully some justice is emerging.

 

[Cornholio]

Update............

O’Dwyer wins contract dispute but ordered to pay up over website
By Poly Pantelides
Published on September 15, 2012

A BRITISH homebuyer has said he will appeal a court order to pay compensation for an online campaign against a property developer whom the court has found guilty of the unlawful termination of a 2005 contract.

After years of battling his case, and finally having the court acknowledge that his developers had unlawfully terminated his contract, the Famagusta District Court has asked Conor O’Dwyer to pay compensation to Paralimni based Karayannas Developers over his online campaign.

Although the court awarded O’Dwyer €141,000 in compensation, which comes to around €200,000 with interest, he has been asked to compensate the developers to the tune of some €60,000 - over €85,000 with interest - for defamation on the website lyingbuilder.com, set up in March 2006 against the backdrop of a growing dispute with the developers.

“I’m being penalised because I dared to express my opinion about how I was being treated by the developers,” O’Dwyer said.

The website documented O’Dwyer’s interaction with the developers by scanning documents, recording conversations and posting photographs of the disputed villa.

O’Dwyer’s lawyer, Yiannos Georgiades, has been instructed to appeal the court’s decision.

In the case of defamation, Georgiades said that European law precedents weighed heavily towards the protection of freedom of speech and people’s right to express their opinion, even against major corporations.

Georgiades said they will also appeal the court’s decision not to award damages for expenses (travelling to and from the UK),loss of rent (by selling a home in the UK to settle in Cyprus) and damages for distress caused by the developers.

The O’Dwyer family sold their house to move to Cyprus with their two small children, buying property on land belonging to the developers in 2005.

They felt their agreement with the developer was breached but negotiations to find a mutually agreed solution failed.

O’Dwyer had already paid over €100,000 in instalments as per his contract and claims that the house was resold without his knowledge in May 2007. His contract had been unlawfully terminated and his money never returned.

Karayannas and his son have already been found guilty twice of assaulting O’Dwyer in 2006 and 2008. Concerning the second assault, the state has appealed the court’s decision to give a 12-month suspended sentence for actual bodily harm on the grounds that the offence should have related to the more serious one of grievous bodily harm.

O’Dwyer is also waiting on a civil suit against the developers in relation to the second assault that left him in hospital for six days.

Also pending is a Supreme Court appeal to a court’s decision to clear Karayannas of any wrongdoing, in relation to a private criminal prosecution.

O