ISTANBUL PEACE CRIMINAL COURT TO THE HONORABLE JUDGE
CASE NO: 2013/…….Main
COMPLAINANT:
ATTORNEY:
DEFENDANT:
ATTORNEY: Attorney
CRIME:
SUBJECT: This petition contains our statements regarding the submission of our witness list and the conduct of an investigation.
EXPLANATIONS
1- We have recently taken over the representation of the client in the case currently being tried in your court under Case No. ……………….
2- Our client was a tenant in the house where illegal water usage is alleged to have taken place, but is no longer residing at that location. Our client moved from this address three years ago and no longer has any connection to it. Our client, who was a tenant at the residence in question, paid the bills addressed to the landlord, who lives abroad, together with the rent to the landlord’s brother, who lives in Turkey and is authorized by the landlord. Our client’s coworkers can also testify that the landlord’s brother collected the rent and water bills at our client’s workplace.
3- Our client sometimes paid the rent and bill amounts in cash to the landlord’s sibling and sometimes transferred the money to the landlord’s sibling via bank transfer. Our client’s coworker, whose name is listed as a witness, has witnessed on numerous occasions that the money was paid in cash to the landlord’s brother, who came to our client’s workplace to collect the rent and bill amounts. In addition, transfers were made from our client’s account at …………. Bank ………………………… Branch ………………………………….. IBAN number to the landlord’s brother. When asked by the bank in question, the existence of the transfer transactions will be revealed.
4- Our client rented the house in question without knowing about the system set up for illegal water use, and it is understood that he had no knowledge of the incident from the fact that the bills were paid by the landlord through the landlord’s brother. The landlord’s brother, who collected the invoice amounts from our client, failed to deposit the invoice amounts, resulting in İSKİ issuing a water meter subscription (after a certain period of tenancy) in our client’s name ex officio, of which our client is also unaware. Our client has not signed the subscription contract issued ex officio.
5- Our client is innocent, as they were not aware and could not have been expected to know whether the landlord, who told them that the invoice amounts would be given to them and encouraged them to act accordingly, paid the invoices or not.
6- The establishment of a specific mechanism for illegal water use has been determined in the minutes prepared by the General Directorate of ISKI; it is clear that our client, who only lived in the house as a tenant for a certain period, would not engage in such behavior. Indeed, our client is a person of good standing, leading a regular life, and respected in the community. It is clear that, according to the normal course of life, there is no reason for our client to engage in such behavior, nor would he do so. In addition, our client’s neighbor and assistant manager at the time of the incident, our witness …………………………., who will testify that the act alleged in the indictment did not occur, lived in the area in question on the date of the incident and witnessed the events. The witness also states that there was a water meter at the scene of the incident and that the client did not make any additions to the column in any way. We request that the court conduct an inspection at the scene of the incident if necessary.
7- We request that ……………………. and …………………………, who witnessed the events during the period when the incident in question occurred, be heard, and we respectfully submit for your consideration and opinion that an inspection be conducted at the scene of the incident to determine whether an addition was made to the column with the water meter that is alleged to be illegal.
Defense Counsel
Attorney
WITNESSES
1-Name:………………….- TC No:…………….. Address: ………………………………….ISTANBUL
2-Name:………………….- ID No:…………….. Address: ………………………………….ISTANBUL