Request For Dıscovery And Notıfıcatıon Of Wıtness Lıst Pursuant To Interım Decısıon
TO THE HONOURABLE JUDGE OF THE ISTANBUL CRIMINAL COURT OF PEACE
FILE NO:2013/…….Easasas
CLIENT :
DEFENDANT :
ACCUSED :
DEFENDANT : Av.
CRIME :
SUBJECT : This is our petition containing our statements regarding the notification of our witness list and discovery.
EXPLANATIONS
1- In your court ………………. We have just taken the power of attorney of the client in the file whose trial is ongoing with the number of Esas.
2- Our client has lived as a tenant in the house where illegal water use is alleged to have been made, and is not currently residing at the address in question. Our client moved from this address 3 years ago and has no relation with this address anymore. Our client, who was a tenant at the residence in question, was paying the bills in the name of the landlord living abroad together with the rent to his brother living in Turkey and authorised by the landlord. Our client’s colleagues will also be able to testify that the landlord’s brother came to our client’s workplace and took the rent and water bill amounts in question.
3- Our client gave the aforementioned rent and water bills to the landlord’s brother, sometimes by hand payment and sometimes by bank transfer to the landlord’s brother. The fact that the money was paid by hand to the landlord’s brother, who came to our client’s workplace and received the rent and invoice amounts, was witnessed many times by ………………………., with whom we work together and whose name we reported in the witness list. In addition to this, our client’s …………. Bank ………………………… Branch ………………………………….. IBAN numbered account belonging to our client, transfers were made on behalf of the landlord’s brother. When asked from the bank in question, the existence of wire transfers will be revealed.
4- Our client rented the house in question without being aware of the device established for illegal water use, and it is understood that the cost of the invoices that he did not know about the incident was paid by the landlord through the landlord’s brother. As a result of the failure of the landlord’s brother, who received the invoice amounts from our client, to pay the invoice amounts, the water meter subscription (after a certain period of tenancy) was ex officio issued by İski in the name of our client and our client was not even aware of this. Our client does not have any signature in the ex officio subscription agreement.
5- Our client is not guilty of any offence, as the landlord, who told our client that the invoices would be given to him and made him act in this direction, did not have any information about whether he paid the invoices or not, and could not be expected to have any information about whether he paid the invoices or not.
6- It has been determined in the minutes issued by the General Directorate of İski that a certain mechanism has been established for illegal water use; it is obvious that our client would not tend to such a behaviour in the house where he lived for a certain period of time as a tenant. As a matter of fact, our client is a person who has a good financial situation, leads a regular life and has a reputation and family in the society. According to the ordinary course of life, it is clear that our client does not need to and will not engage in such behaviour. In addition, our witness…………………………., who was the opposite neighbour and assistant manager of our client when he lived at the residence address subject to the lawsuit, lived in the location in question on the date of the incident that will testify that the act attributed in the indictment was not committed and witnessed the events. The witness will also testify that there was a water meter at the scene of the incident and that the client did not add to the column in any way, and if necessary, we request the court to conduct discovery at the scene of the incident.
7- We request that ……………………. and …………………………, who witnessed the events on the dates of the incident subject to the case, be heard, and we respectfully request that discovery be made at the scene of the incident to determine whether the allegedly illegal water meter and column were added to the column.
Defence Counsel
Lawyer
WITNESSES
1-Name:………………….- TC No:…………….. Address: ………………………………….ISTANBUL
2-Name:………………….- TC No:…………….. Address: ………………………………….ISTANBUL
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