A BRITISH property buyer who was allegedly assaulted by developers with whom he is engaged in a legal wrangle was yesterday still in hospital, his lawyer said.
No one has yet been arrested for the alleged assault, according to Yiannos Georgiades, the lawyer for Briton Conor O’Dwyer who has been in Larnaca hospital since Monday.
“I spoke with the police but the investigation is not done yet, and they haven’t arrested anyone,” said Georgiades.
“He is still in hospital and although physically he is better, he is terrified over what happened to him.”
O’Dwyer, 38, who has widely publicised his case on youtube and on the website lyingbuilder.com, was kicked in the kidneys and had his head stomped on, according to Georgiades.
O’Dwyer 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.
On Monday at around 11am, O’Dwyer went to the disputed property in Frenaros in the Famagusta district 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.
However Georigiades said the woman to whom the developers re-sold the house after unilaterally cancelling O’Dwyer’s contract and keeping £75,000 of his money, “made a phone call” and two men appeared shortly afterwards that O’Dwyer identified as the developers.
“He was telling me how one of them put his foot on his head and pressed it into the ground during the assault,” said Georgiades who visited O’Dwyer in hospital.
The incident was witnessed by onlookers, and police initially said they were investigating a car accident. But Georgiades insisted it was no accident.
An eyewitness contacted the Cyprus Mail yesterday and said it had been an accident, that two vehicles had collided and that O’Dwyer, and the two men in the other car had become embroiled in a scuffle. The eyewitness refused to give his name however.
But Geogiades said it had not been a mere incident over bumping vehicles. He said the two men had grabbed at O’Dwyer when they realised he was wearing a hidden camera. The camera has not been seen since but O’Dwyer saw it in the hands of his alleged attackers when they stood later talking to the police, Georgiades said.
“The start of the incident was captured on the hidden camera but then someone shouted ‘camera’ and they spotted the wire,” he said.
He said O’Dwyer had told the police after the incident that one of the men was holding his camera but there was a lot of confusion and it wasn’t confiscated from the man by the police.
“I am really disgusted with the way things happened,” said Georgiades. “I want to believe they (the police) will do something.”
The lawyer said one of the police who was called to the scene had also given a statement to the effect that the developers had allegedly called them initially to go and remove O’Dwyer from the area and if they did not, he would go himself to remove him from in front of the house.
O’Dwyer is due to be released from hospital today.
A BRITISH property buyer was hospitalised for two days on Monday after allegedly being badly beaten by the developers with whom he is in dispute, his lawyer said yesterday.
Conor O’Dwyer, 38, who has widely publicised his case 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.
O’Dwyer 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.
According to Georgiades, on Monday at around 11am O’Dwyer went to the disputed property in the Famagusta district to take pictures of changes to the area around the house to produce as evidence in the land wrangle.
“He thought the photos might prove important later,” said Georgiades.
Upon his arrival, the woman to whom the developers re-sold the house after unilaterally cancelling O’Dwyer’s contract and keeping £75,000 of his money, allegedly “made a phone call” and two men appeared shortly afterwards that O’Dwyer identified as the developers.
“Conor was forced out of his car. One stepped on his head and the other kicked him in the kidneys,” said Georgiades, adding that they also took his camera.
“He was bleeding and there was a crowd of mostly women screaming and shouting for them to stop. He was crying out for help and no one helped him.”
Georgiades said someone eventually called 112 and police showed up with an ambulance. A British woman also took pictures of what was going on, he said.
O’Dwyer was taken to Paralimni hospital and from there sent to Larnaca.
“He has head injuries, external bruising, internal pain in the kidney region and he is badly shaken,” said Georgiades.
Doctors decided to keep him in until today to run tests and X-rays.
Georgiades said he had spoken to police about the incident. “They said they were investigating the ‘accident’,” said Georgiades. “I told them it wasn’t an accident. They didn’t arrest anyone but they did take statements.”
Georgiades said he spoke yesterday with a senior officer at Famagusta CID who said they were dealing with the case. O’Dwyer gave a statement to police yesterday afternoon from his hospital bed.
Cyprus Mail January 16, 2008
The senior officer dealing with the case, George Economou, told the Cyprus Mail yesterday police would take statements from all concerned and decide if there was a case to press charges.
“Conor is just giving his statement now,” said Economou. Asked if there would be any arrests, he said he would know more today. “It depends on the investigation,” he said.
Georgiades said he has also informed the British High Commission.
With regard to the previous assault case against the developers, Georgiades said the charges had been dropped by the Attorney-general ostensibly because O’Dwyer had not shown up for a hearing.
But the lawyer said when the last hearing was due, O’Dwyer, who lives in the UK, had been told by prosecutors not to bother coming to Cyprus because the hearing would likely be adjourned.
“He didn’t come and on the day of the court case, the prosecutor said the judge wouldn’t give an adjournment so the proceedings against the two men would be stayed”.
O’Dwyer is now entering the third year of his property saga.
He and his wife were going to buy a house on a development in Frenaros village. However when they viewed the construction area when the project was coming along, they realised the surrounding homes were not those specified in the original plan.
This would have resulted in a total lack of privacy as two balconies on other properties would have been looking into their garden. O’Dwyer has said the reason they had chosen the site in the first place was for the privacy that was promised.
After several run-ins with the developers over the changes to the surrounding area, and although the house is registered to them at the Land Registry given they had paid for most of it, the O’Dwyers subsequently discovered that the developers had sold it to another British family, who now reside there. The O’Dwyers have not received their money back.
When O’Dwyer launched his story on youtube video, backed up by documents and taped conversations with the developers and their lawyers, Interior Minister Christos Patsalides ordered an investigation in August last year, but no results have been forthcoming.
A scandal involving a leading property developer in Cyprus may have the potential to shake to the core the credibility of the holiday homes market on the island, following allegations supported by video evidence, contracts and audio evidence that a property developer in Paralimini sold a plot of land to Conor O’Dwyer in 2005 for £163,000 and then resold a house designed for Conor O’Dwyer’s family to another buyer Michelle McDonald, without the knowledge of O’Dwyer.
The plot thickens with the apparent collusion of local law firms in Paralimini who according to O’Dwyer have conspired to cover up the fraud.
This has inspired Conor O’Dwyer to setup a website www.lyingbuilder.com which is his own crusade to expose what he sees is the injustice and illegality of the whole situation.
The Cypriot market is already experiencing turbulent times, with the storm clouds already on the horizon with major developments experiencing problems selling units. Such scandals which are now making the headlines in the UK will severely undermine property sales in Cyprus.
News organisations in Cyprus and the UK have been monitoring the story looking at the way in which British buyers like Conor O’Dwyer who in good faith purchase land from developers like Karayiannas are allegedly defrauded, in the belief that they own the property. But in fact the developer resells to another buyer.
Other examples are now surfacing of Brits buying from Cypriot developers and are either finding the property is not built to standard or the title deeds are not given.
London Greek News has posted the various videos by Conor O’Dwyer, who has made several allegations with court cases pending in the Cypriot legal process. We will post news as and when they appear.
INTERIOR Minister Christos Patsalides yesterday ordered an investigation into allegations made on a youtube video by a British home buyer that a Cypriot developer had sold his off-plan house to someone else and kept his money.
After launching the lyingbuilder.com website to highlight his case, Cornelius O’Dwyer, 37, brought his fight against the developer to youtube, where he detailed his two-year plight on a video blog in five parts.
“We were to buy a four bedroom detached house from them. Unfortunately they misrepresented our site so as to induce us into the contract, then they unlawfully terminated that contract and have kept all our money without delivering us the house,” O’Dwyer said on his website.
He was referring to a house he and his wife were going to buy on a development in Frenaros. However, when they viewed the construction area when the project was coming along, they realised the surrounding homes were not those specified in the original plan.
This would have resulted in a total lack of privacy, as two balconies on other properties would have been looking into their garden. O’Dwyer said the reason they had chosen the site in the first place was for the privacy promised.
“None of the photos they sent showed the changes that happened at the same time as they laid our foundations. It was only when they failed to do the internal changes we requested that I on the first flight over. It was then they gave us the new site plan. We were screwed because of their deception,” he said.
After several run ins with the developer over the changes to the surrounding area, and although the house is registered to them at the Land Registry given they had paid for most of it, the O’Dwyers subsequently discovered that the developers had sold it to another British family, who now reside there.
O’Dwyers has not received his money back and the case is pending at court.
Patsalides said the youtube and website allegations were very damaging and that the issue had been discussed yesterday morning after the story was broadcast on CyBC on Sunday night.
“Already we have taken a decision that it should be investigated and orders have been given to see what measures can be taken,” he said.
“We will examine the claims to see what the real situation is.”
After waiting at the hotel for Michelle’s call I get an appointment to meet Marios Karayiannas and his father Christoforos Karayiannas at 4pm. In this meeting, Marios Karayiannas starts off by trying to explain he now has no hard feelings as we are buying the house with his changes to the site plan. He again goes on to say that his opportunity is to keep his customers happy always. I tell him that we’ll live there as not happy people and try to explain that I will let everyone know the way he does business. I show him a business card with LyingBuilder.com and try to explain that on Thursday 10am I will start my investigations into their company.
At the Karayiannas Office Tuesday 7th March 2006 around 4pm. Present were Myself, Marios Karayiannas, Christoforos Karayiannas and a young female member of their staff (translating sometimes for Christoforos Karayiannas)
Ok how are you I’ve been better, I’ve been better, how are you Fine Good Well I’m over here till Friday, Friday midday so I haven’t got that long and I’m in the capital tomorrow so. Ok Tell me your situation.. Well what I said to Michelle this morning, was before I release the money…I’m releasing the money with Marion (solicitor) OK Yes OK if I can just summarise what has gone on between us So to summarise With me … don’t worry with my side I mean we do have anything wrong with you. Or I don’t have to anything with you wrong or bad thing or whatever. You have no bad feeling? This is my business. Yes I don’t have any bad feeling. Anything that you speak on the phone anything I speak before or anything we said on the phone whatever I can’t, OK. My business here to sort out problem yes … to keep the clients happy, but the clients. But the clients they have to understand also other side, not only their side. It’s very important. You Understand? For me and for you. Because you have to look who’s around you and dealing with people and not alone in one centre. It’s very important for my family because my business affects my family and the girl that take job now for example when they come here for a job they work as your family not as job. It’s very important for myself. This is my character
I’m very happy that your family is happy, my family is not happy. Greek speaking Christoforos Karayiannas Your family is not happy why? I won’t go into the why’s again The why’s were all in the letter We had four points on the letter Mario’s Yes And you have refused to do all those four points Yes So I heard from your solicitor last Wednesday that you have not done anything wrong in your contract? Yes And That is true. That is your opinion OK It is not my opinion. If you want to talk contracts I can talk site plans, OK Can you let me finish. OK so,Your solicitor said on Wednesday in five lines on an email that took 2.5 weeks This is my letter to the solicitor I sent to you… OK. So I’m perfectly clear. Then when I spoke to Michelle on Friday she said you would not speak to me you would speak through the solicitors Is that correct?
Yes..Because I cannot Greek speaking Christoforos Karayiannas No. Speak with your solicitor to explain to her what is happen and what is your opinion about the deal, about the contract, about the thing that you sign on the contract..its very important. I can speak for myself I don’t need a solicitor OK To speak for me Speak for yourself I can speak for myself OK
I understand what was in the contract and I understand what you said when you sold.OK. So w e cannot afford to go by solicitors; we cannot afford either financially or in time. Were already moving so we will be here in August. We move here plot no 30 in August OK
OK And, But were not happy. So when you said… Your not happy with what? With what you have done to our plot About to your plot. Greek speaking Christoforos Karayiannas In your plot what have we done? Explain to my father, the balconies, the balconies, the balconies. Can you explain to your father that this was the plan we were given when we were sold the plot. Which is your house? This is your house. This was to be a road Greek speaking Christoforos Karayiannas I have to explain to my father Without your contract what we have done to your plot, Explain to your father this is what I was given when we bought the place Yes of course you are from the first plan Greek speaking Christoforos Karayiannas What did you do in your plot when you discussed the ????? (young Female member of their staff ) Inside you plot what we have done to you. All my issue are outside, all my issues are outside.
Greek speaking Christoforos Karayiannas I know where this is going. I know where this is going but I must be able to finish a sentence. Greek speaking Christoforos Karayiannas OK If I can explain you can translate maybe, when I was given this I was told this is a bungalow here OK Greek speaking Christoforos Karayiannas
This is a bungalow here and the only 1 window looking into my house, my garden was from that bungalow. This is the bungalow and that is the only window here. There was to be a road here and there was to be a bungalow and a bungalow. There was to be no windows looking into my garden.
Greek speaking Christoforos Karayiannas We discuss this thing the same thing before. I build 2 or 3 houses here ok We are not here to take it from the rent to take the houses or whatever Am not er if you are not happy with the house I say to you these thing. Greek speaking Christoforos Karayiannas These are the 2 houses that remain OK And Mr Conor is that has a problem these balconies look into his plot Greek speaking Christoforos Karayiannas Ok anything else.
Yes So that differs, Just the final line… Whats the final deal the final line is we were told that this was a very good plot because noone could look into the garden. Greek speaking Christoforos Karayiannas and that is why were not happy. You just asked me to explain why were not happy and I’ve explained. Yes OK
I explain to you that outside of your plot we don’t have to do or we don’t have to respect your opinion what the other people we have to do, it’s not your opportunity to say, not me the next plot that does not belong to me what they have to do Maybe tomorrow somebody is coming to build apartment next door.
Mario’s you did this at the same time the foundation for the changes happened at the same time as the foundations for mine so don’t say that these things are happening down in the future they happened at the same time ok Marios
Now, You sell us the house were not happy, yea that’s fine yea. Your not happy with your neighbours I’m not happy with all these houses looking into me Its your opportunity its your deal. Its my problem? Its your problem my problem? Its your problem Have you anything else to say to me like sorry or anything like this
Listen the contract is contract. We signed the contract. We recognise our side to the contract. And we have our deal. If you delay any of the payment we have the opportunity to deal with our solicitor to see what we can do. These our things
And read the contract again Because If you delay What I delay? If you delay in giving me the house I too have written in the contract that you will be paying me money Ok so I know what is in the contract Marios Ok. So I have to deliver the house to you the day that we deal about Yes I have one months grace one month grace and then I am sure from myself that I have to deliver the house to you I’m am ready there you will see the tiles that I’m ready for the tiles and I have 1 month for example I have XXXXX?
Ok Greek speaking Christoforos Karayiannas
Obviously I don’t like the way you do business Its your problem Its my problem OK But you have a solicitor to deal with I speak for myself Speak for yourself Speak for myself So I don’t like the way you do business Yes And it’ll be my job to make sure nobody else falls for the deception you give before they buy and then your change in the contract and things like this OK So I’ll give you till Thursday (I write on a business card that has “lyingbuilder.com the truth about Karayiannas)
What is that? 10am now this is a website that’s up at the moment called lyingbuilder.com the truth about Karayiannas
Greek speaking to Christoforos Karayiannas The lying builder? Greek speaking to Christoforos Karayiannas so 10 o’clock Thursday (they stand up) I will be telling everyone and giving everyone them cards.
you make these thing its on the web now, go on the internet Greek speaking to Christoforos Karayiannas
if you make this thing..listen to me I don’t care, go on what are you going to say Greek speaking to Christoforos Karayiannas be careful if you make this thing its on there now its online its online
nobody knows now its online nobody knows but us you are in Cyprus OK on thursday go away
on thurdsday 10 every one will know.
You make this thing If you delay one of the payments…you are already delay. I’ve already sold my property I kept up my side of the bargain you keep up your side of the bargain. I ’ve kept up my side of the bargain. I’ve kept up my side of the contract
Christoforos Karayiannas & Son Ltd sent an email through their lawyers (The Pittadjis law firm of Paralimni) saying they will do nothing. I phoned Michelle Anglou to meet with Marios again the following Tuesday. (If you intend to do business with this company can you afford to fly back as often as I did?)
Hi Erm, Ok Listen I’ve spoken with Marios because of the situation the way it is if you’re coming over to Cyprus the best thing for you to do is first of all contact your solicitor and discuss with them the situation and how you feel about the house and then if it is your solicitor will contact Marios’ solicitor and we’ll go from there
So Marios is refusing to see me then?
It’s not that he’s refusing to see you it’s just that it’s come to a point Conor where he’s had to contact his solicitor because of the points that you made in your email that you sent, its better at this stage that you speak with your solicitor about the issues that you have about the house. Your solicitor is there to work for you Conor so there going to advise you on what to do depending on how you’re feeling with the house.
Well thanks for your advice Michelle but I have no intention of involving a solicitor this end unlike yourselves who are a big company I can little afford to go down that line of reasoning.I’ll be outside your office Tuesday 9 O’clock and I suggest Marios makes some time to see me, so I’ll see you then.
After doing as instructed, in super quick time (I arrived home late Friday night they had our response Monday morning). We waited. I emailed Karayiannas Property Developers for a response but got no reply. I phoned twice the next day and late on Wednesday 22nd, I got through to Marios Karayiannas. This recording was done using my iPod with a microphone attachment. I had only a standard phone so I had to keep putting the microphone up to the earpiece to record him. Because of this, I’ve had to amplify his side of the conversation so the volume levels remain the same. In this conversation, you will hear him start playing games as I’m hundreds of miles away. At first, he says he doesn’t understand the letter and then he says he doesn’t have to go with any suggestions ending up with telling me it’s my problem and eventually hanging up. It then dawns on us what kind of people they are.
Hello Hello Yea hi Marios its Conor Conor? Conor O’Dwyer? Yes Conor O’Dwyer in the UK. Hello there. Marios what’s happening. Have you made your decision? The Decision, what er decision? The decision, you asked me to go away, discuss with my wife, you know what can be done, I went.. You discuss with your wife what you. I see your letter but the letter, the letter Conor. Yea.. I can’t understand this letter you write to me about the interest about the, to build another place what is this thing I don’t understand? You don’t understand the letter at all? No I don’t understand these things, it’s very, How I can explain to you, I tell you to go back to your and discuss with your wife and to tell me what you want to do. AND.. These thing that you write to me about the give me your money back and to give you interest what ever, listen I give already the letter to my solicitor and we go I go tomorrow there. What do you want to do? What is your decision?
My decision is I set out in the letter quite clearly, If your having trouble reading it maybe you should get Michelle to read it for you and maybe interpret it, but I set out in the letter quite clearly four different options that we considered and only one option which is viable and that’s for you to build us a new house on another plot with our privacy intact. So that was my discussion with my wife and that’s the only way we can be happy so are you going to honour you commitment of making us happy or not?
About this thing that you say to me I understand what you mean but I explain to you the time that you be here that the house inside for your plot is exactly what we acted. You asked a lot of things in how to. I mean you asked a lot of thing in your letter.
That’s right I spent some time over the letter and I was hoping you would give me some response as well. It’s been over a week now and I’ve heard nothing.
When I have the time tomorrow I go to the solicitors to send you exactly what we decide and you can make it if you want. I will send a letter to your solicitor also. I will explain to Mrs Marion what is your opportunity to do.
So what..so what..
So you have in your mind from the beginning that we try to explain to you everything for the house and you we don’t take from the net??? To close the house. If you don’t like the house, you understand that. It’s your life, it’s your decision.
I will give you the money back and you can go to buy from other developers, straight away.
I can’t accept this reason you said to me with your wife that you are not accept to look into your land other people. Everywhere that you have to go you have to think about people that is around you.
We thought very carefully about the people that surrounding us the thing is that you and Michelle lied to us by telling us that there would be bungalows next to us and a road. Now there is not bungalows next to us and a road.
No anybody to tell me what I can do with my plot or in my house you understand these things. It’s like my house lets say that it’s my house the next plot you have to tell me what I have to build.
So why did you tell us that there would be a road and two bungalows and now do you think it’s…
?????…I will speak to my solicitor tomorrow and send you a letter
When can I expect that letter Marios because we are very busy here I have now sold my house were now going into rented accommodation and we do not know what is going on there in Cyprus, so we have to make some very important decisions..
Your wife?
Can you let me finish please?
We have to make some very important decisions this end on exactly the timings of moving over there. So its very important for us to have this finished as soon as possible and waiting for a solicitor that I’ve never met to write to me is not the way I expected to do business with you and maybe people should be warned that this is…..
first of all you have to understand that the people you are dealing with them ok and to respect somebody that try for them that I cant accept the reason that you say to me that I am not I don’t want the other people to look into my garden or that I don’t want anybody around me.
So you don’t understand….
I have with people not surrounding but it was £300,000
No it was £155,000. It was £155,000
You understood exactly when you sold us the house what the good reason for having no people looking into us was and now you don’t understand that it’s very upsetting for us.
The decision is yours
No the decision is yours Marios we’ve put down four decisions and it’s for you to choose one of them options.
I don’t have to choose, I choose my way that I take you to the maximum thing with the court.
So you’re doing nothing to remedy the situation
???
No you don’t have to do anything there Marios, you’ve made it quite clear but you just let me know here now, don’t play games, don’t play games Marios, tell me right here, tell me right here, right now that your not going to do anything and that your going to sell us the house as it it in the plot it is now. Is that exactly what your going to do?
????
Is that what you’re going to do Marios with the solicitor are you just going to prepare to build the plot number 30 as it stands
No no no this is not er
We’re going to go to the court if the court says to me why you build your plot this kind of house I will give you your money back and the interest also. If there is anybody to tell you what you can do in your own house I and the people I take my responsibility and to give you your money back and your interest. But there is no anybody who can tell me what I can do in my house. You are in your house stay in your house, stay in your plot stay in your build.
I
You can, You don’t, You don’t proceed with your dealing. You don’t… just a minute. You cannot you sign one deal with me, I go with the dealing, I go with the contract as we agree.
I tell you what Marios it’s very hard to deal with you when I’m hundreds of miles away so what I’ll do is next Tuesday week, Tuesday week I’ll come back to your office.
Just a minute (I hear Michelle prompting him but not picked up in audio here)
You recognise the agreement that you make with me?
I know exactly what’s on paper and what you said and I want you to acknowledge again that when we bought that plot you lied to us. You lied you told us that we would not…we would have a garden that is not overlooked
??? I build two storey house what is the problem?
The problem is now that is not what we paid for.
Yes.
Yes exactly.
??? most basically this, this is the things you don’t recognise, you site on the contract and you don’t recognize the dealing that you made with me.
Do you think people should be warned on the way you do business Marios, do you think that people should be told that what you say and what you do is different.
We speak tomorrow; I will call you tomorrow, and will send a letter to you with the solicitor.
Ok well…
Also if you don’t recognise the contract you make with your own solicitor this your problem..I mean I speak with Mrs Marion..
It’s my problem yeah?
It’s my problem?
Yeah, who’s upset?
Yeah is that right yeah.
OK listen, I’ll come over to Cyprus not next week the following week, I’ll let..oop, he’s hung up
