Discovery Request And Witness List Notification Pursuant To Interim Order
TO THE HONORABLE JUDGE OF THE ISTANBUL CRIMINAL COURT OF PEACE
FILE NO:2013/…….Easasas
CLIENT :
VEKILI :
ACCUSED :
DEFENDANT : Atty.
CRIME :
SUBJECT : This is our petition including our declarations 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 that is being tried with the number of the basis.
2- Our client has lived as a tenant in the house where illegal water use is alleged to have taken place and is not currently residing at the address in question. Our client moved out of this address 3 years ago and has nothing to do 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 authorized 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 utility 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 set up for illegal water use, and it is understood that he did not know about the incident and that the cost of the invoices was paid by the landlord through the landlord’s brother. As a result of the landlord’s brother, who received the invoice amounts from our client, not paying the invoice amounts, the water meter subscription (after a certain period of tenancy) was issued by İski in the name of our client ex officio 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 crime, as he did not know and cannot be expected to know whether the landlord, who told our client that the invoices would be given to him and made him act in this direction, 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 the use of illegal water; it is obvious that our client would not turn to such a behavior in the house where he lived only as a tenant for a certain period of time. As a matter of fact, our client is a financially well-off person who lives 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 an attitude. In addition, our witness…………………………., who was the opposite neighbor and assistant manager of our client while he was living 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. At the scene of the incident, the witness will testify that there is a water meter in the same way and that the client has not added 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 what happened on the dates of the incident subject to the lawsuit, be heard, and we respectfully submit to your tensip and opinions that discovery be made to determine whether the water meter and column, which are alleged to be illegal at the scene of the incident, have been added to the column.
Counsel for the Accused
Lawyer
WITNESSES
1-Name:………………….- TC No:…………….. Address: ………………………………….ISTANBUL
2-Name:………………….- TC No:…………….. Address: ………………………………….ISTANBUL
