Property protest to greet Christofias

British ex pats frustrated with an inept judicial system in Cyprus are to protest at Alexandra Palace London on May 18 where President Demetris Christofias is due to address a gathering of the Cypriot community.

A statement from the organisers said problems suffered by property victims range from the non issuing of title deeds, structural faults, illegal building and developers extorting immovable property tax and transfer fees.

Many of the victims are currently resident in Cyprus but will be represented at the protest by their offspring, the statement said.

Fronting the protest is Conor O’Dwyer, 38, from Surrey who bought a house off plan in Cyprus in 2005 and has since entered in to a lengthy legal battle.

O’Dwyer said: “Crooked Developers and Lawyers in Cyprus act with impunity. My developer has kept all my money and managed to sell my house to another family despite my contract being logged in the Lands Registry. I have been assaulted by the developers twice; the last was in January 2008 when I spent six days in hospital. Every month my lawyer chases the authorities for a criminal investigation into the reselling of my house and every month it’s the same. It’s stuck at the local level” .

By Jean Christou
(archive article – May 10, 2008)
Copyright © Cyprus Mail 2008

Property groups team up to battle for buyers’ rights

THE CYPRUS Land and Property Owners’ Association (KSIA) and the Cyprus Property Action Group (CPAG) have teamed up to explore ways of fighitng for the rights of property buyers in Cyprus.

KSIA is affiliated to the Cyprus Chamber of Commerce and Industry (KEVE) and is a long-standing member of the International Union of Property Owners.

CPAG was only established in May last year, but has already attracted thousands of dissatisfied foreign buyers.

Teaming up with KSIA, which has strong contacts with the government, parliament, local authorities and various other bodies in the property field, will help foreign buyers better push for their rights, CPAG said in a statement yesterday.

The two groups said they plan to make 2008 “a year of intense lobbying” on property issues.

The statement said the two groups met in Peyia recently and toured the area “to view the shocking illegal and other unsuitable developments taking place in the area, even in places like ravines and drainage courses”, CPAG said.

George Strovolides, President of KSIA, said that the two groups had an interest in resolving the common problems faced by their members.

He said one of the biggest problems faced by property buyers of all nationalities in Cyprus was the isuse of title deeds.

Foreign buyers can wait years or even in cases decades to receive their title deeds from peopery developers.

“In Cyprus, buyers can pay in full and then not own their homes, sometimes for many years, as developers raise mortgages using land on which these very homes stand,” said Strovolides.

“Given the risk in this situation, especially in the current economic climate, something needs to be done to turn this current situation around.”
Denis O’Hare of CPAG added: “We don’t mind developers taking their own business risks, this is how the world works. However, we do strongly object when they are taking risks with our homes, especially as we have already paid for them in full. We think this situation is scandalous and needs addressing by the government right now.”

Meanwhile, in the UK, British property buyer Conor O’Dwyer, whose developers were arrested and charged with allegedly beating him up in January this year, will this weekend continue his picketing of UK property trade fairs to highlight his case and those of other Britons facing problems in Cyprus. O’Dwyer spent a week in Larnaca hospital.

This weekend, he and his wide will publicise their situation by handing out leaflets outside the property show “A Place in the Sun Live” at the ExCel centre in London’s Docklands. It is the second time the couple has picketed a property fair in the UK in as many months.

O’Dwyer, whose case is fully detailed on the website lyingbuilder.com, is also planning a demonstration outside the Cyprus High Commission in London in June.

“Problems suffered by victims range from the non issuing of title deeds, structural faults, illegal building and developers extorting immovable property tax and transfer fees.  Many victims are resident in Cyprus but will be represented by their offspring who may inherit the problems drawn up by unscrupulous lawyers,” said O’ Dwyer.
“In my particular horror, the Minister of Interior told the media ‘an Investigating Officer has already been appointed’. That was in August 2007!  Since then I’ve been brutally beaten for just looking at my house from the roadside in Frenaros.  Every month, my lawyer Yiannos Georgiades chases the authorities for a criminal investigation into the reselling of my house and every month it’s the same.  It’s stuck at the local level.”

By Jean Christou Published on April 26, 2008

Property victim to stage UK protest

BRITISH home buyer Conor O’Dwyer will begin a three-day protest outside one Britain’s biggest property fairs in a move that could seriously damage the lucrative industry in Cyprus.

O’Dwyer, 38, told the Cyprus Mail yesterday that he and his wife would protest outside The Homebuyer & Property Investor Show at ExCeL London, which begins today and runs until Sunday. They will distribute leaflets warning people of the pitfalls of buying a home in Cyprus, he said.

The fair usually attracts around 15,000 prospective home buyers and numerous Cypriot developers will be represented among the 250 stands.

“I said if my recent trip to Cyprus didn’t bear any fruit that I planned to stage a protest,” O’Dwyer said. “There will be many estate agents there and all of the property magazines”.

protest leaflet
protest leaflet

In his leaflet O’Dwyer says Cyprus is a beautiful country with lovely people but is being spoilt by greedy developers and unscrupulous lawyers. He outlines the basics of the ongoing case he has with a Cypriot development company, which are detailed in full on his website lyingbuilder.com and on YouTube.

The British ex-soldier spent a week in Larnaca hospital in January after he was beaten up in Frenaros when he went to take pictures of the house he had bought and over which later came into dispute with the developers.

He says they unilaterally cancelled his contract and kept his money, some £75,000 sterling because he had pulled them up over what he saw as a violation of the terms of the contract. The case is pending at court. The developers have accused O’Dwyer of allegedly masterminding a plan to extort a newer, more expensive property, and exorbitant damages from the company.

They have, however, been charged by police in connection with the attack on O’Dwyer in Frenaros, but the case has yet to reach the courts. “My case has been treated disgustingly by the CID in Paralimni,” O’Dwyer said yesterday. “They charged them with the lesser crime of actual bodily harm when it was clearly grievous bodily harm because I spent six days in hospital.”

O’Dwyer said he has been left with little choice now other than protesting in the UK as he has managed to get nowhere towards solving his case in Cyprus over the past three years.

He and dozens of other buyers, stung by developers in Cyprus, are also planning a later demonstration outside the Cypriot High Commission in London, possibly during a visit there by new President Demetris Christofias who has been invited to London by Downing Street.

In a written statement issued later yesterday, O’Dwyer said he had been “saddened by the outrageous lack of action taken by the Cypriot authorities” in both the assault case and the property dispute.

“Throughout the case, the authorities have reacted indifferently and unsympathetically,” he said.

“This protest outside The Homebuyer & Property Investor Show in London will be the first of many.”

By Jean Christou
Copyright © Cyprus Mail 2008

Developers charged over assault on Briton

THE TWO Paralimni property developers at the centre of a police investigation involving an alleged assault on a British home buyer have been charged with bodily harm and malicious damage to personal property, police said yesterday.

Ayia Napa police chief George Economou said the father and son were charged “a few days ago”.

“They were charged with bodily harm and with causing malicious damage to his camera,” said Economou.

The Ayia Napa police chief could not say when the case would reach the courts. “That’s not up to us,” he said. “It’s up to the courts”.

Economou said it could take anything from a month to two months or longer.

The two men were arrested last month and remanded for four days by the Paralimni court for the alleged assault on British buyer Conor O’Dwyer, but then released without charge while police continued their investigations.

These culminated in the charges that have now been filed.

O’Dwyer, 38, spent a week in Larnaca hospital last month after he was beaten up in Frenaros when he went to take pictures of a house he had bought and over which he later came into dispute with the developers. He said they unilaterally cancelled his contract and kept his money, some £75,000 sterling, because he had pulled them up over what he saw as a violation of the terms of the contract. The case is pending at court.

O’Dwyer has widely publicised the details of his dispute with the developers on YouTube and on the website lyingbuilder.com.
In a public statement recently, the developers accused O’Dwyer of allegedly masterminding a plan to extort a newer, more expensive property, and exorbitant damages from the company.

But the company had “failed to adhere to his blackmail requests”.

O’Dwyer says he attempted several times to make the payment because he decided to keep the house despite the differences between the original plan and the reality, but the developers refused to take the due payment, deciding, O’ Dwyer said, that he was giving them too much hassle over the terms of the contract.

They in turn accused him of violating the terms of the contract and said in a letter posted on O’Dwyer’s website that they would be keeping all money paid so far for damages.

Copyright © Cyprus Mail 2008

Cyprus property developers claim expat tried blackmail

THE PARALIMNI Cyprus property developers at the centre of a police assault investigation involving a British home buyer yesterday countered the allegation by accusing him of blackmail.

Conor O’Dwyer, 38, spent six days in Larnaca hospital last week after being allegedly assaulted by the father and son developers, who were later arrested and held in police custody for four days.

They were released on Monday pending further investigations.

It was the second time in less than two years that the two men had been arrested for allegedly assaulting O’Dwyer. The earlier charges were dropped.

O’Dwyer has widely publicised the details of his property dispute with the developers on YouTube and on the website lyingbuilder.com.

The dispute centres on the cancellation of his contract by the property developers some half way through payment, even though the house in Frenaros was already registered in his name at the land registry.

O’Dwyer had complained because he said the developers were not sticking to the original plans he was paying for. They then cancelled the contact accusing him of not paying the next instalment. The developers then sold the house to someone else, telling O’ Dwyer they were keeping his £75,000 sterling for damages.

Yesterday on their website, Karayiannas Developers and Constructors said O’Dwyer’s claims that they had misled him into purchasing the property were defamatory.

Under a link entitled “The Karayiannas saga… To find out more about the true events…“, a statement from the developers claimed that O’Dwyer had masterminded a plan to extort a newer more expensive property and exorbitant damages from the company.

Karayiannas said the British buyer had ignored reminders to pay the next instalment for the property, so they cancelled the contract as a last resort.

After the cancellation of the contract, Mr. O’Dwyer set his plan in motion seeking for his revenge. A revenge originating from the fact that the value of the house he would have bought increased due to the current value housing boom,” said the statement.

The alleged plan involved O’Dwyer secretly taping a conversation with Marios Karayiannas and later using that tape recording as a threat to blackmail the company for “a private villa worth £400,000 and £100,000 in cash“, failing which he would create a website “defaming the company in such ways as to cause it great financial losses“.

He was in plain and simple words blackmailing his way into a luxury villa and cash in hand,” the statement said.

But the company had “failed to adhere to his blackmail requests“.

O’Dwyer says he repeatedly attempted to make the contested payment, having decided to keep the house despite the differences between the original plan and the finished product, but claims Karayiannas refused to take the due payment, deciding, O’ Dwyer said, that he was giving them too much hassle over the terms of the contract.

After Karayiannas sent him a letter in March 2006 cancelling the contract, they kept refusing the payment. The final time O’Dwyer tried to send payment was through a court server, he said.

The same month Karayiannas’ lawyers sent him a letter – published on his website – saying: “As you committed essential breaches of your contract, you are hereby notified that they [Karayiannas] cancel the said agreement and retain the money already paid, towards damages.”

Another letter a month later said: “Even if for any reason in the end of the day it is decided that they [Karayianas] had no legal ground to cancel it due to your behaviour, they do not want you on their property and they hereby notify you that they are not willing to complete the house and deliver it to you.

The deal is over and they will never ever deliver to you your house.

On Tuesday evening, O’Dwyer gave a full statement to police about the January 14 incident in Frenaros, which saw the Briton end up in hospital.

Copyright © Cyprus Property News

Two accused of assaulting British property buyer released

TWO MEN involved in the alleged assault of British home buyer Conor O’Dwyer were released from custody yesterday, police said.

Ayia Napa police chief George Economou said there had been no need to keep the pair in custody any longer.

“There was no need to hold them any longer. They were released and when the [investigation] file is completed it will decided whether the case goes to court,” he told the Cyprus Mail.

Economou said there was still more evidence to gather before the file was closed.

He added that the duo, Paralimni property developers, were not deemed dangerous.

The father and son were remanded in custody on Thursday for four days in connection with the brutal beating of O’Dwyer, with whom they were engaged in a legal dispute.

During the alleged assault in Frenaros village last Monday, O’Dwyer told police that the two men had taken his camera, which had recorded the attack.

O’Dwyer, 38, who has widely publicised the details of his property dispute with the developers on youTube and on the website lyingbuilder.com, was kicked in the kidneys and had his head stomped on. He was admitted to Larnaca hospital where he remained for most of last week.

He told the Sunday Mail last week he was afraid for his safety if the men were released from custody while he was still on the island. “It’s been absolutely horrendous but they are now in custody and I would rather it was extended until I leave the island,” he told the paper from his hospital bed on Friday.

By: Jean Christou Published: Tuesday 22nd January 2008
Copyright © Cyprus Mail 2008

Editorial: Tribal mentality undermines the rule of law

POLITICIANS often boast that in Cyprus we have the rule of law. Generally speaking, this is not an idle claim, even though things are far from perfect when it comes to law enforcement and the small matter of equality before the law. In these respects, which are integrally linked to any notion of rule of law, Cyprus, it would appear, still has a long way to go before we can safely make any such boast.

Many foreigners, for instance, would have little faith in the rule of law after the experiences they have had dealing with the authorities, which in most disputes blatantly side with locals irrespective of who is in the right. It is particularly so in small towns or villages where the members of the local community know each other and stick together against the outsiders. Policemen are not unknown to protect members of the local community even when they are in the wrong.

The trials and tribulations of a Briton, who was reportedly beaten up in Paralimni last Monday by two developers he has been in dispute with, was a case in point. He was in hospital for three days after suffering head injuries and external bruising, and when his lawyer called up the Paralimni police, he was told that they were “investigating an accident”. The two suspects were subsequently remanded in custody for four days, but it remains to be seen whether they will be charged.

This was, allegedly, the second time the Briton had been the victim of assault by the same developers. The first case was never heard; the charges were dropped because the plaintiff had not shown up for the hearing. He had been told by the prosecutor not to bother coming from the UK, where he lives, for the hearing because it was likely to be adjourned. The judge did not grant the request for an adjournment and the case was closed, because the main witness was absent. Would he be wrong in suspecting that he had been tricked by the authorities?

Some 18 months ago, an enterprising Polish student set up a rickshaw service in Ayia Napa, which proved very popular with tourists. However, local cab drivers felt this was hurting their business and retaliated by threatening the young Pole, damaging some of his rickshaws and beating up a couple of the operators. Ayia Napa police offered the young entrepreneur next to no protection and eventually he was forced to close his business. Such incidents do not inspire foreigners’ confidence and trust in our law enforcement.

Perhaps it is asking too much of policemen to act impartially in small, tightly-knit communities in which they may be friends or relatives of local people. In nine out of 10 disputes involving foreigners, a policeman protects the member of his community even if he or she is in the wrong. And this tribal mentality prevails more often than not, even if a Cypriot from another town is in dispute with a member of the community.

In this climate, the foreign mother of the girl who had been sexually abused when she was four should not have been surprised to hear, 10 days ago, that the charges against the girl’s father had been withdrawn and the case closed, without ever being heard by Paphos court. Some legal mistakes made during a family court hearing related to the case would have made the job of the prosecution very difficult, the Attorney-general decided. Then again, the family court’s decision to grant access rights to a father (a Paphos man) facing charges of abusing his child defied belief.

A few months ago, a DISY deputy revealed that almost half of the 141 cases of family violence, including child abuse, pending before the courts were in Paphos, in which the tribal mentality remains very strong indeed. The legislature’s pleas for family violence cases to be given priority by the courts had been ignored, he said. Could the delays be linked in any way to local suspects being protected by the Paphos police and local authorities? Nobody can say, but at the same time could the possibility be ruled out, given the tribalism that marks our small communities and the charges of corruption made a few weeks ago against the Paphos police by the Minister of Justice?
The government, judiciary and the police command need to give serious thought to this problem and come up with ways of tackling it because it is giving the country a bad reputation. More and more foreigners, including many EU nationals, are settling in Cyprus, and the authorities have a legal obligation to ensure they are treated just like Cypriots. This is what the rule of law means.

(archive article – Sunday, January 20, 2008)
Copyright © Cyprus Mail 2008

Expat recounts horror of Frenaros assault

“I CAN’T let my kids see me like this,” says Conor O’Dwyer, the British home buyer beaten up in Frenaros village last Monday, when asked whether he plans to return to the UK as soon as he leaves hospital.
O’Dwyer was assaulted while gathering evidence for the two-year legal dispute he is in with his property developers.

A father and son have been in police custody since Thursday after O’Dwyer, 38, ended up in hospital. He was still there on Friday and worried about what would happen next.

“Am I afraid? I am absolutely afraid,” he told the Sunday Mail.

“It’s been absolutely horrendous but they are now in custody and I would rather it was extended until I leave the island.”

The British ex-soldier said he is determined not to go back to the UK until he sees the case through and he didn’t want his children to see him in such a state.

On Friday, five days after the attack, O’Dwyer was still unable to walk properly and said he felt a stabbing pain in the kidney area. “I’m still dragging my right leg,” he said.

Whatever his dispute with the developers, which is pending before the courts, O’Dwyer was not looking for the kind of trouble that befell him when he went to Frenaos village on Monday.

He certainly never expected to end up in hospital for a week.

He had gone there to take some pictures and measurements around the disputed property to help his two-year-old legal case, which he has outlined in minute detail on his website lyingbuilder.com and on the YouTube Internet video channel.

“I had a friend with me, an ex-marine, in a separate car and he was some 200 metres away on a dirt track in a field. He had two cameras, a helmet one and a camcorder with a 200 metre lens,” said O’Dwyer.

The two men had fixed a rendezvous point in case things did go wrong.
O’Dwyer said he then had a brief conversation with the woman who now lives in the house. “I said who I was and that I was gathering evidence. I was on the road and not the pavement. I took pictures and measurements,” he added. “It’s been two years since I viewed my house. I’ve been respectful up to now.”

He said all a sudden one of the arrested suspects – the father – blocked his friend’s path with his 4×4 and started shouting angrily.

“My friend did up the window and got on the phone to me. I told him we would call the whole thing off and I would come to him where he was. We didn’t want any trouble at all. But he was trapped there,” said O’Dwyer.

He himself then left the area to head for the rendezvous point, and was heading down towards the centre of Frenaros.

“Suddenly there was a car in front of me. I went to turn left and all of a sudden there was the son coming across the junction. It was a deliberate ramming and I will always remember his face as our cars crashed.”
O’Dwyer said there was also another man in the car.

“I turned off the engine and opened the door. He put out his hands to grab me and the first punch came in my eyes and nose,” said O’Dwyer.
“I staggered to the steps of the caf? pub and my nose was bleeding. I was wearing a button camera, which is no bigger than a cigarette packet and was sewn into my clothes.

“The son was then behind me and he wouldn’t let me get up. His father then showed up. He dropped his cigar and put his fist in my face. They then noticed the wire that had been attached to the camera and he shouted “camera, camera, camera”. They tried to grab it and I ran four metres or so and dropped into a foetal position clutching it and then the kicks to the back came. They rolled me over and the father kicked my head and ground his foot into my skull applying pressure.”

O’Dwyer said he was calling for help at the busiest junction in Frenaros but no one came to help.

“I held on as long as I could but the camera was ripped from me. They then went off,” he said. He said police have since recovered the camera but the SIM card with the data was missing.

Police then arrived and he asked the officer to help him retrieve his camera because the incident had been filmed.

“He didn’t want to know, and then I saw the camera disappear to the third individual,” said O’Dwyer.

He remembered that he had a digital camera in the boot of his car and managed to retrieve it and took some snaps of the eyewitnesses. The card from that camera went to the police so they could take statements from the people who were there.

By then an ambulance had arrived and O’Dwyer was taken to Paralimni hospital, and from there to Larnaca, from where he called his lawyer.
He did manage to find some humour in the situation when during his first day in hospital he was served with a summons after the developers filed suit against him over his website.

“They obviously sent the court server to the hospital because they were the only ones who knew where I was,” he said.

“My blood pressure was up and I signed the papers with my hand that was connected to a drip.” O’Dwyer is not concerned about the defamation suit because he said the developers had tried it before and the case was thrown out of court.

But the whole business has left O’Dwyer badly shaken, particularly as it was the second time he was attacked. The two developers were also charged with assaulting him in March 2006 but the charges were dropped.
“It’s not a reflection on all Cypriot developers but something must be done about these people. They assaulted me because they thought they got away with it the first time,” said O’Dwyer.

“I was scared, terrified. It was the second assault and the government had done nothing about my case. Maybe it needed to get worse before it gets better,” he said.

O’Dwyer had already gone to the police in the UK to secure a permit to demonstrate outside the Cyprus High Commission.

“If this trip bears no fruit that is my only option left,” he said.

Sunday, January 20, 2008
By Jean Christou
Copyright © Cyprus Mail 2008

Two remanded over brutal beating of British property buyer

TWO property developers, a father and son were remanded yesterday by the Paralimni court for four days suspected of assaulting British home buyer Conor O’ Dwyer with whom they were engaged in a legal dispute.

Police officer Marios Christou told the Cyprus Mail the two men had been arrested late on Wednesday and appeared in court yesterday.

“They were remanded for four days,” he said. Christou said police were also looking for a third man suspected of being involved in the assault.

A police bulleting issued later in the day said the two men aged 55 and 32 were being held in connection with a traffic accident, grievous bodily harm and robbery.

During the alleged assault Frenaros village on Monday, O’ Dwyer told police that the two men had taken his camera, which had recorded the attack.

O’Dwyer, 38, who has widely publicised the details of his property dispute with the developers on youtube and on the website lyingbuilder.com, was kicked in the kidneys and had his head stomped on, according to his lawyer Yiannos Georgiades.

The Briton had already pressed charges over another alleged beating by the father and son developers in March 2006 while fighting his ongoing property case at court. They were later charged over the assault but the charges were dropped.

O’ Dwyer had gone to Frenaros to take pictures of changes to the area around the house to produce as evidence in the land wrangle because he thought the photos might prove important later.

After receiving a phone call from the woman to whom the house was later sold by the developers after they unilaterally cancelled their contact with O’Dwyer and kept £75,000 of his money, three men showed up.
They blocked his car with theirs and when he got out of the vehicle, allegedly set upon him and took his camera.

O’ Dwyer was admitted to Larnaca hospital the same day and was due to be released yesterday but Georgiades said doctors were keeping him in again last night.

“He is still in hospital,” Georgiades said. “He has difficulty in walking. He is able to go a short distance but then has to sit again. He is having a difficult time.”

By Jean Christou
(archive article – Friday, January 18, 2008)
Copyright © Cyprus Mail 2008