ANKARA - Prof. Dr. Mustafa Kamalak, the lawyer of Necmettin Erbakan, the former leader of the banned Welfare Party (RP), has applied to the Supreme Court of Appeals Chief Prosecutor's Office for correction of the decision against his client.
Responding questions of the A.A correspondent, Kamalak said on Wednesday that the decision was contrary to the Constitution.
He claimed that the pre-conditions for a fair trial had not emerged.
Noting that the authority of investigating accounts of a political party exclusively belonged to the Constitutional Court and this authority could not be transferred, Kamalak said, ''the principle of clearness in the Code of Criminal Procedure (CMUK) was violated. My client Erbakan did not sign any of the documents which were claimed to be false. Decision of the court is lack of reason.''
Yesterday, Supreme Court of Appeals Criminal Department unanimously ratified two years and four months of imprisonment given to Erbakan on charges of ''forgery in documents'' in the case publicly known as ''lost trillion case''.
If the Supreme Court of Appeals Chief Prosecutor's Office rejects the request for correction of the decision, the judicial process will be completed.
If the request is accepted, the file will be sent back to the Supreme Court of Appeals Criminal Department no: 11.
(UK-AÖ) 03.12.2003