by supporttheunderdog » Tue Dec 28, 2010 12:12 pm
More, unashamedly copied from the CM (another good report) on the shortcomings of the Cyprus legal system and denial of justice, in particular for the less well-off, and a suggestion that people are being deliberately milked by lawyers asking for adjournments, with the conivence of judges who are prepared to agree these requests.
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A PAPHOS man fed up with what he sees as the inefficiencies of the justice system is hoping to start an online petition to initiate an extra judicial small claims court.
After a couple of nasty personal experiences with the courts in recent years, Paphos businessman and Konia community board member Andy Georgiou has said there is a real need for a court dealing specifically with minor disputes.
Georgiou says that if he receives support from other residents in favour of his proposal he will start an online petition and lobby the government to implement a direct, fast track system for cases involving claims of up to €5,000.
Georgiou said that the first case he became unwittingly involved in was adjourned by the Paphos court 15 times before it was heard before a judge, costing him up to €300 every time in fees due to his solicitor.
“The case involved a broken second-hand computer I bought with the idea to have it repaired and then sell in my shop. I didn’t realise it was stolen,” he said.
Georgiou says that he paid 100 Cyprus pounds (171 euros) for the item which was then confiscated by police just a couple of days later, after the thief was arrested.
“The police charged me with buying a stolen computer worth 1,000 pounds for 100 pounds, the whole thing was rubbish. The computer was not worth that amount and I didn’t know I was buying stolen goods,” he said.
Georgiou says that eventually, after the case dragged on for three years, the Paphos court found him innocent, but not until he had made 15 court appearances and forked out more than €2,500 in solicitors’ fees.
And the community board member’s woes didn’t end there.
“In the second instance, my solicitor helped me to buy a piece of land and I wanted some particular advice. He advised me badly and I’m now out of pocket again by about €2,500.”
After his previous court experience, Georgiou says to sue his solicitor would prove too expensive, as he believes the case would be adjourned numerous times.
“And no solicitor is going to represent me against another solicitor, especially in Paphos,” he claimed.
“There is no justice in Cyprus especially for those who are on low incomes,” he said.
Georgiou’s opinion is that solicitors charge upwards of €300 for each court appearance and judges try to satisfy any request for an adjournment, thus bumping up lawyers’ fees.
He pointed out that even the simplest of cases can amass more than 10 appearances with a bill anywhere between €3,000 to €4,000.
“In most cases it’s not likely that the other side will be made to pay your costs, and so small claims are just not worth pursuing,” he said.
Georgiou underlined the need for a small claims court for cases such as his.
”It would be a good idea for the individual to put their case directly to a judge and the other side to do the same. Evidence and witnesses would be provided and a judge would make a quick decision. It’s the only way forward for minor cases,” he said.
Georgiou believes this approach would be an alternative way to operate from the current system and it would fast track cases.
“I could see after being in court that they are stuck, they’re frozen. One case after another is postponed. I’m sure that we can do better then this.”
He has urged people to email him so he assess the interest in starting a petition.
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In the meantime, Schnauzer, from your silence I think we have to assume there is not one shred of substance to your own allgations about the British system.
