Day 7 of the Newborn Gang trial concludes: 7 defendants tried without arrest

Nagihan YILKIN 12punto.com.tr  

The 'newborn' trial, concerning the deaths of infants, continues where it left off. In the first hearing, which lasted 6 sessions, the court ruled for the continued detention of the 22 imprisoned defendants.

WHAT DID THE GANG LEADER Fırat Sarı SAY?

The detained defendants blamed each other during the first hearing. On the sixth day of the trial, the leader of the Newborn Gang, Fırat Sarı, stated in his defense: 'I no longer have any expectations or hope from life. My human dignity is gone. I want to explain everything here.'

As of 10:16 AM, the court panel has taken its place, and the identity verification of the defendants being tried without arrest is underway.

Ahmet Atilla Yılmaz ALSO ENTERED THE COURTROOM 

Named in the Newborn Gang investigation and subsequently CHP IMM The chief physician of Medilife Beylikdüzü Hospital, who resigned from his council membership, Ahmet Atilla Yılmaz also entered the courtroom a short while ago. He took his place alongside the defendants being tried without arrest.

The trial of the first defendant without arrest in the Newborn Gang case has begun.

Ecem Koç, a nurse working at Reyap Hospital, took the stand.

She is being tried for fraud against public institutions and organizations, and for homicide by negligence. 

The Presiding Judge: Will you present your defense?

Ecem Koç: I worked as a neonatal nurse for 5 years at Çorlu Reyap Hospital, where I started in 2019. I have known Mr. Fırat for a year and a half to two years. I didn't know what 'management' meant; I learned it here. 

“WE KNEW IT WOULD DIE”

Ecem Koç: (Speaking about the death of baby Halime)

Baby Halime was a baby who had been deprived of oxygen in the womb. She was transferred from Tekirdağ City Hospital by their own ambulance. We cared for her with all our efforts for 55 days. We performed all life-sustaining services. In the wiretaps, I only have one conversation with Fırat Sarı, and in that, I am just reporting the procedures I performed. She had already been in an 'ex' (deceased) state for a few days. We knew she would die. An intervention is not performed by one person. It is done by several people. While some were intervening, others needed to communicate with the doctor; I was in that part. For the first time, we were left without a doctor. A 'blue code' is not called in the intensive care unit; we are the blue code team ourselves.

Ecem Koç: The baby passed away at 16:19; the doctor said, 'Wait, I'm coming.' It is the doctor's duty to inform about the baby's death; we waited for the doctor to arrive. We reported it to the hospital management.

The doctor said, 'Wait.' When the doctor did not come, we prepared the baby for burial procedures.

Presiding Judge: Do you know Fırat Sarı?

Ecem Koç: Yes, he was our doctor.

Presiding Judge: Hasan Basri Gök?

Ecem Koç: Yes, he was his assistant.

Presiding Judge: The chairman of the board of Çorlu Reyap?

Ecem Koç: Hasan Yüksel.

Presiding Judge: Who took care of the baby as the doctor?

Ecem Koç: Fırat Sarı.

Presiding Judge: Did Fırat Sarı handle the entire process?

Ecem Koç: Yes.

Presiding Judge: How many nurses were there?

Ecem Koç: 18 nurses.

Presiding Judge: Who took care of the baby?

Ecem Koç: Fırat Sarı.

Presiding Judge: Who wrote the epicrisis?

Ecem Koç: I don't know. Nurses do not write epicrises. Secretaries usually handle the paperwork.

"THEY WERE DISTRIBUTING 1000-1200 TL"

Presiding Judge: Is there any question of delaying the time of death for the baby?

Ecem Koç: When the inspection team arrived, they already spoke with our unit supervisor, Ms. Bahar, and Mr. Fırat. I was not asked; I do not know what they were asked.

Presiding Judge: What do you say regarding the money transfers?

Ecem Koç: I do not know what kind of company Medicense is. A certain amount of money comes to Ms. Bahar. She was distributing 1000-1200 TL. I had bought clothes for Mr. Fırat, and then Mr. Fırat reimbursed me. There is no commercial relationship involved; it is in exchange for shopping.

It was not sent to me directly. It is sent to the supervisors. The supervisors then distribute it to the nurses according to their seniority. This was something that happened a few times. We didn't understand the reason either. There was nothing she told us. It was not directed to my personal account directly. The other things are reimbursements for personal needs.

Presiding Judge: There is talk of a resignation conversation, what is this?

Ecem Koç: We called the management several times. After the inspection, we told the management that we wanted to resign. We said we could not work under these conditions. They had told us that a new doctor would be coming. They did not accept our resignation.

Presiding Judge: What do you have to say regarding patient transfers?

Ecem Koç: We have the best intensive care unit in the Thrace region. Patients arrive via transfer from both city hospitals and medical faculty hospitals. It was a hospital with a very high birth rate. We always have an empty incubator for transfers.

Presiding Judge: There was a conversation between Ms. Bahar and Fırat Sarı. What is the reason for not administering dopamine?

Ecem Koç: I never witnessed that conversation. It was a 55-day-old baby, a difficult case. As a last resort, we opened a vascular access through the head. There is a problem with dopamine: it is a drug that burns thin veins. It is more appropriate not to administer it.

“LET IT LIVE UNTIL I ARRIVE”

Presiding Judge: Mr. Fırat says, “Let it live until I arrive.” Did Ms. Bahar mention this conversation to you?

Ecem Koç: No, she did not mention it.

“ANOTHER DOCTOR COULD HAVE BEEN NOTIFIED”

Member judge: Was there a doctor on duty other than Fırat Sarı?

Ecem Koç: The hospital had 5 pediatricians.

Member judge: So, as you mentioned, could other doctors have been notified to intervene?

Ecem Koç: They could have been notified; we were part of the hospital management. Some doctors were hesitant to enter the intensive care unit. Frankly, Mr. Fırat did not want outside doctors to enter.

Member judge: Did you see Mr. Fırat performing a procedure on a baby?

Ecem Koç: No close examination was conducted.

Prosecutor: For how much of the time Baby Halime stayed there was she intubated?

Ecem Koç: She was an intubated baby for about 90 percent of the time. 

Prosecutor: Was the intubation performed when the baby first arrived, or afterwards?

Ecem Koç: I recall the baby arrived intubated. It was, so to speak, a stillborn baby.

Prosecutor: At what intervals did Fırat Sarı come to the hospital?

Ecem Koç: He came every day. 

Prosecutor: At what time did he come?

Ecem Koç: There was no specific time; whenever he was available.

Prosecutor: How much attention did he pay to baby Halime? 

Ecem Koç: He paid a great deal of attention. The family was Syrian and they could not speak much. Because of the communication problem, he focused on the baby even more. He took very good care of the baby closely. He attended to the baby every day.

Prosecutor: Who used to establish contact with Fırat Sarı?

Ecem Koç: Bahar was the head nurse; she was the one who mostly established contact.

“YOU ARE CONTRADICTING YOURSELF”

Prosecutor: You are contradicting yourself. You say he used to come every day with Fırat Sarı, but a moment ago you said he wasn't there?

Ecem Koç: We needed a doctor at that moment. The doctor had to be there at that time. It doesn't mean anything if he arrives after the damage is done. That was my frustration anyway.

Prosecutor: On one hand, you have a complaint, but on the other, you are taking money. Why are you taking money from the man?

Ecem Koç: My complaint was that he wasn't there at that moment. As I said, I receive the money through the supervisor.

Prosecutor: You say you made the complaint to the management not once, but several times?

Ecem Koç: We are a level 3 intensive care unit. It is required to be operational 24/7. My goal was to have a permanent doctor on staff at all times. The doctor we requested was someone residing in Çorlu.

After the defense attorney made their statement, the recording was stopped. At that moment, the member judge asked another question.

Burak Mengü objected. 

Burak Mengü: There is no such procedure. You asked a question after the recording was stopped. 

The court panel resumed the recording and repeated the questions.

“I KNOW FIRAT HOCA FROM HIS POPULARITY”

Mehmet Salih Kara was brought in.

Presiding Judge: Will you present your defense?

Mehmet Salih Kara: 

I have already provided my defense, your honor. I have nothing extra to add; my defense remains the same.

I completed my residency at Bağcılar City Hospital and Çam Sakura. Later, I was appointed to Ağrı, but I did not fulfill my mandatory service. During that period, I worked as a workplace physician at the Küçükçekmece Municipality.

I knew Dr. İlker from my time at Çam Sakura. Other than that, I know Dr. Fırat from his popularity.

“I AM A BUSY PERSON, I DO NOT REMEMBER”

Presiding Judge: Did you use someone else's stamp at Silivri Kolan Hospital?

Defendant: I did not. At that time, I was already working at Çam Sakura.

Presiding Judge: Fırat Sarı says, “Salih, I found a place for 2 weeks, you will look after them through me.”

Defendant: I may have said it in conversation, but I did not act upon it.

Presiding Judge: HTS records show you were detected at Silivri Kolan.

Defendant: My sister and my girlfriend lived in that area. I am very active. I cannot remember where I was or when.

Presiding Judge: Did you perform an examination?

Defendant: I don't know where it is; I have only heard the name.

Prosecutor: Did you receive any benefit from Fırat Sarı?

Mehmet Salih Kara: I did not.

Serenay Şenkalaycı was brought in.

Presiding Judge: Will you present your defense?

Defendant: I worked as a neonatal nurse at Private Avcılar Hospital. I worked at Private Güngören in 2016. I worked at Şişli Kolan for about 3-4 months. I worked at Private Beykent University Hospital. I last worked at Avcılar Hospital.

Presiding Judge: Which of the defendants do you know?

Ceren Hatice Kırım, İlker Gönen, Fırat Sarı, Hasan Basri Gök, and Gıyasettin Mert.

Presiding Judge: Were you working for the business?

Defendant: I was working for the hospital.

 

"I WAS RECEIVING IT IN EXCHANGE FOR MY LABOR"

Were you receiving extra payment?

Nurse Serenay Şenkalaycı: Money was coming from Medicense. Overtime pay was coming. The money I received was in exchange for my labor. Sometimes figures like 7 thousand, sometimes 6, sometimes 3 thousand would come. This company was paying me for my overtime and for my labor.

Presiding Judge: Who was your pediatrician?

Defendant: We worked with many pediatricians. It was Hayrettin Yıldız. There was always a specialist doctor. The consultant doctor was İlker Gönenli.

Presiding Judge: What were you consulting about?

Defendant: Every Level 3 facility has a consultant doctor.

Presiding Judge: Who was calling?

Defendant: Myself and my doctor.

 

"FORGET IT AS EXPIRED" WIRETAP

Presiding Judge: İlker says, 'It will be gone, never mind, it will be better.' Which baby is this?

Defendant: It is regarding baby Kerem. 

Baby Kerem was born at 09:13. It had been reported beforehand that the baby's condition was critical. The baby was born in poor health. We intervened for about 15 minutes at birth. We transferred him to the neonatal unit. But he was in very bad condition during his stay. I made a video call to İlker Gönen. I followed the instructions given to me. I called İlker Gönenli at 10:10. He actually meant not to stop the intervention. It was not reflected correctly in the wiretaps. The reality of the incident is not like that. 

Presiding Judge: İlker Gönenli says, 'Show it officially.'

Defendant: He wanted us to continue the intervention for an extra 20 minutes. He also wanted us to record this.

 

"HE WAS PRESSURING FOR MEDICATIONS"

Serenay Şenkalaycı: Hasan Basri Gök insisted on Curosurf medications. He was applying pressure. We didn't have them at our hospital. When he was so insistent, I suspected ill intent. I conveyed this to İlker Gönenli. İlker Gönenli said, 'It is rumored that they are selling them.' He told me, 'If he says anything again, use my name.'

Presiding Judge: Why did you have the epicrisis discussion with Fırat Sarı?

Serenay Şenkalaycı: Because I was asked to speak with him. Doctor Zeki Öztünç gave the instruction. 

Presiding Judge: Didn't you question it?

Serenay Şenkalaycı: I did question it, I was suspicious. I kept asking questions.

 

"YOU ARE CONTRADICTING YOURSELF"

Prosecutor: You are contradicting yourself. You say he used to come every day with Fırat Sarı, but a moment ago you said he wasn't there?

 

Ecem Koç: We needed a doctor at that moment. The doctor had to be there at that time. It doesn't mean anything if he comes after the damage is done. That was my grievance anyway.

 

Prosecutor: On one hand you have a complaint, but on the other, you are taking money. Why are you taking money from the man?

 

Ecem Koç: My complaint was that he wasn't there at that moment. As I said, I receive the money through the person in charge.

 

Prosecutor: You say you made the complaint to the management not once, but several times?

 

Ecem Koç: We are a level 3 intensive care unit. It needs to be staffed 24/7. My goal was to have a permanent doctor on-site at all times. We wanted a doctor who resided in Çorlu.

 

"I WAS UNDER DIRECTION"

Serenay Şenkalaycı: Hasan Basri Gök was filling out the epicrisis template. I was asking him whether he made any changes. I was under direction.

Presiding Judge: What do you mean by levels?

Defendant: I don't really know how levels are indicated. It is not a nurse's duty.

Presiding Judge: You have been a nurse for 10 years, and you don't know?

Defendant: I know, of course, but it is not my duty.

 

"DON'T ASK ME QUESTIONS"

Prosecutor: You previously said, "Fırat Sarı was sending money so that I wouldn't leave." Why would he do such a thing? 

 

Serenay Şenkalaycı: I am a senior nurse, someone who takes good care of babies. Why would he want me to leave? 

 

Prosecutor: Do not ask me questions; I will ask you questions. 

 

Serenay Şenkalaycı: Okay, I apologize. 

 

Prosecutor: So, you see yourself as a very good nurse, is that correct? 

 

Serenay Şenkalaycı: Yes.

 

"THERE WAS A CAMERA IN THE INTENSIVE CARE UNIT, BUT THERE WAS NO RECORDING"

Prosecutor: Was there camera recording in the intensive care unit?

Serenay Şenkalaycı: As far as I know, there was a camera, but there was no recording.

 

Prosecutor: Why was there no recording?

Serenay Şenkalaycı: I don't know.

 

EPICRISIS TENSION: IF I SAY WAIT, THEN WAIT!

Prosecutor: You say, 'We upload the epicrises to the system, we don't approve them, we change them at the end of the month.' 

Serenay Şenkalaycı: I did not write epicrises. On the day of the audit, I sent my notes to Hasan Basri and saw that they were changed.

Prosecutor: You say, 'We change them.' 

 

Serenay Şenkalaycı: I was asking Hasan Basri whether they had changed them or not.

 

Prosecutor: Wait, just wait! (voice raised) If I say wait, then wait. Answer my question. Do not go outside the scope of my question. You say, 'We change the epicrises'.

Serenay Şenkalaycı: It must have been a slip of the tongue.

 

"Fırat Sarı DID NOT LIKE HER"

 

Serenay Şenkalaycı: My client's biggest mistake is being too curious. She constantly asked questions to Hasan Basri and Hakan Doğukan. She is very skeptical. She is not someone who likes Fırat Sarı very much. She is also not a nurse who is liked by Fırat Sarı.

 

"MINISTRY OF HEALTH LAWYER GAVE INCORRECT INFORMATION"

Ministry of Health lawyer: Let me provide information about the epicrisis. The epicrisis report is prepared by the doctor. It does not entirely cover the patient's file.

 

Lawyer for detained defendant doctor İlker Gönenli: It also includes nurse observations. The information provided by the Ministry of Health lawyer is incorrect.

 

A 40-minute break was called in the Newborn Gang trial.

 

The break in the hearing has ended. The court panel and the defendants tried without arrest have taken their places. The detained defendants are being brought in.

 

Fetin Rüştü Yıldız, who is being tried without arrest, is reading his defense from a prepared document.

 

Fetin Rüştü Yıldız, the chief physician of Avcılar Hospital—which is owned by former Health Minister Mehmet Müezzinoğlu, who was previously an AKP parliamentary candidate—has taken the stand.

HE IS HELD RESPONSIBLE FOR THE DEATH OF A BABY

In the file regarding infant deaths, it is stated that Fetin Rüştü Yıldız committed the crime of qualified fraud by transferring patients without using the 112 system and by billing the Social Security Institution (SGK) for medication lists prepared with falsified documents by manipulating patient levels. It is alleged that the suspect Yıldız is responsible for the death of a baby named Kerem Muhammed Tokluoğlu by failing to fulfill his contractual obligations, thereby committing the crime of intentional killing through negligence.

Presiding Judge: Will you present your defense?

Fetin Rüştü Yıldız, the chief physician of Avcılar Hospital, owned by former Health Minister Mehmet Müezzinoğlu, who was previously an AKP parliamentary candidate: 

I will do so; first, let me talk about my background.

I graduated with honors from the Gülhane Military Medical Academy in 1997. I served as the chief physician at the İstanbul Okmeydanı Training and Research Hospital. I held positions as the Deputy Provincial Health Director of Istanbul and Deputy President of the Public Hospitals Institution. Currently, I am serving as the chief physician at Avcılar Hospital.

Fetin Rüştü Yıldız: (Regarding the death of Kerem Muhammed Tokluoğlu)

"Baby Kerem passed away within 2 hours. Even though I am the chief physician, it is out of the question for me to be held responsible, as it is not my area of expertise. I have no fault or negligence. The claim of euthanasia mentioned in the report is absolutely incorrect. (He spoke about the medical process) This situation was clearly written in the epicrisis reports. How can a charge of euthanasia be made based on wiretapped recordings? In the expert opinion of the Ministry of Health, there is no fault attributed to me."

"PUBLIC HOSPITALS GO EVEN FURTHER THAN THIS"

Fetin Rüştü Yıldız: An agreement was made with the Medisense company. The agreement in question was made in the form of a contract.

In public hospitals, they go even further than this by conducting tenders for private service procurement. This is something that has been done for 20 years.

Presiding Judge: With whom did you sign the consultancy agreement?  

 

Chief Physician Fetin Rüştü Yıldız: With Fırat Sarı.  

 

Presiding Judge: Only Fırat Sarı?

 

Chief Physician Fetin Rüştü Yıldız: In the context of the agreement, yes.

 

Presiding Judge: What did the agreement cover?  

 

Chief Physician Fetin Rüştü Yıldız: There was no content regarding salaries or personnel. The agreement was made solely for the purpose of maintaining the neonatal intensive care unit at a higher quality.  

 

Presiding Judge: Who was paying the salaries?  

 

Chief Physician Fetin Rüştü Yıldız: We were paying them as the hospital.  

 

Presiding Judge: Are you aware of the money received from the businesses?

 

Chief Physician Fetin Rüştü Yıldız: I have no knowledge of that matter.

Presiding Judge: Have you read all of the wiretap transcripts?

Avcılar Hospital Chief Physician Fetin Rüştü Yıldız: I have not. I did not look at the parts related to our hospital.

 

Presiding Judge: Nurses are talking about levels and epicrises; did that not catch your attention? 

 

Chief Physician Fetin Rüştü Yıldız: I do not think there was an abnormal situation specific to our hospital.

 

Presiding Judge: Serenay works at your hospital. Did you not wonder why they were asking the nurse?

 

Chief Physician Fetin Rüştü Yıldız: I thought you were asking because it was mentioned in the transcripts.

 

Presiding Judge: Why is it being transferred?

Chief Physician Fetin Rüştü Yıldız: It is because there are sections that need to be filled out by the nurses.

The cross-examination of Fetin Rüştü Yıldız, the chief physician of Avcılar Hospital—which is owned by former Minister of Health Mehmet Müezzinoğlu, who was previously a parliamentary candidate nominee for the AKP—has begun:

 

Member Judge: Who is the person in the hospital who would consult with Fırat Sarı?

Chief Physician Fetin Rüştü Yıldız: Only Fırat Sarı.

 

Member Judge: In what situation would a doctor call İlker or Fırat?

 

Chief Physician Fetin Rüştü Yıldız: In cases requiring medical information.

 

Member Judge: Do they have the authority to give direct orders, such as 'perform this specific intervention on the patient'?

Chief Physician Fetin Rüştü Yıldız: A pediatrician can ask a question to a neonatologist. It is a very normal situation.

 

NEWBORN AGREEMENT: 35 PERCENT

 

Member judge: How many beds does your neonatal unit have?

 

Chief Physician Fetin Rüştü Yıldız: 22

 

Member judge: You stated that you made an agreement based on 35 percent for newborns. That is a significant figure.

 

Chief Physician Fetin Rüştü Yıldız: As I said before, it is 20 percent in practice.

 

Member Judge: 20 percent is also a significant figure.

 

PATIENT AGREEMENT WITH Fırat Sarı

 

Prosecutor Kadir Kocakaya: Fırat Sarı said, 'The management was aware that we were bringing in patients for money.' Were you aware that patients were being brought in for money?

Chief Physician Fetin Rüştü Yıldız: No.

 

Prosecutor Kadir Kocakaya: If it doesn't contribute to the number of patients, why would you make an agreement based on turnover?

 

Chief Physician Fetin Rüştü Yıldız: The better service you provide, the more the number of patients increases. The goal here is the first pillar. If the first pillar is good, the number of patients increases.

 

Prosecutor Kadir Kocakaya: You made them partners in profit, but what if you cause a loss... According to the contract, were you going to pay money to Medisense if you couldn't generate turnover? 

 

Chief Physician Fetin Rüştü Yıldız: Perhaps this would have continued for 1-2 months, but it was not a sustainable situation. 

 

Prosecutor Kadir Kocakaya: So, there was no such provision in the contract, is that correct? 

 

Chief Physician Fetin Rüştü Yıldız: Yes, there was no such provision.

 

Prosecutor Kadir Kocakaya: Why is the camera recording not working?

 

Chief Physician Fetin Rüştü Yıldız: There is no camera in the intensive care unit. There is one at the entrance, and it is working.

DEFENSE ATTORNEY ACCUSES PROSECUTOR: 'HE SHOULD BE QUESTIONED FOR INTENTIONAL HOMICIDE'

Fetin Rüştü Yıldız's attorney: If 10 babies were killed, the prosecutor in question must have monitored these events. If there is a situation involving the killing of babies, and the prosecutor and law enforcement listened to these [recordings] and did not intervene, then the prosecutor should be questioned for the crime of intentional homicide. 

Cafer Akdur, Chief Physician of Medilife Hospital, took the stand.

Akdur is held responsible for the deaths of babies Öykü, Havvanur, Kaya, and Ayaz.

'THEY APPOINTED ME SYMBOLICALLY'

Presiding Judge: Do you know İlker Gönen?

Cafer Akdur: No.

Presiding Judge: Do you not get involved with the doctors because the hospital was handed over to another operator?

Cafer Akdur: Yes.

Presiding Judge: To whom was it handed over?

Cafer Akdur: To Fırat Sarı and his associates.

Presiding Judge: Did you never interact with them?

Cafer Akdur: I was signing the decisions made by the board of directors.

Presiding Judge: Did they not ask you anything? After all, you are the chief physician.

Cafer Akdur: No. The hospital manager and the hospital administration would handle that. They would just ask, 'Could you sign this?' and I would sign.

Cafer Akdur: I have no knowledge regarding the neonatal intensive care unit.

Presiding Judge: Who was following that unit administratively?

Cafer Akdur: The board of directors.

Presiding Judge: Who is on the board of directors?

Cafer Akdur: Ahmet Olcay and Ahmet Amara. I know those two; I don't know who else is on it.

Presiding Judge: So you are saying you have no other information regarding the operation?

Cafer Akdur: Yes.

Presiding Judge: Were you appointed symbolically?

Cafer Akdur: Yes, they appointed me symbolically.

PRESIDING JUDGE REACTS

Presiding Judge: Did they say, "Just manage it for a few days"?

Cafer Akdur: Yes.

Presiding Judge: Who told you this?

Cafer Akdur: Ahmet Amara.

Presiding Judge: How long have you been the chief physician?

Cafer Akdur: For 1 year.

Presiding Judge: Do you have any knowledge regarding the wiretaps?

Cafer Akdur: No, your honor.

Presiding Judge: Do you know İlker Gönen?

Cafer Akdur: No, your honor, they were the ones coming to the intensive care unit.

Presiding Judge: Who did they deal with when the inspection arrived?

Cafer Akdur: The Board of Directors.

Presiding Judge: I suppose if they had dealt with you, they would have said 'lack of information.' But I have more information about the hospital. Before you, we listened to the chief physician of Avcılar. He gave answers. They surely wouldn't seat a grown man as chief physician for nothing. Or you shouldn't have accepted the position at all. 

Cafer Akdur: I didn't accept it anyway; they told me to 'manage it.' I said I would manage it for a few days.

“THEY WERE HAVING DEATH CERTIFICATES STAMPED”

Prosecutor Kadir Kocakaya: Did they tell you when a baby died there?

Cafer Akdur: They were having me stamp the death certificates.

Prosecutor Kadir Kocakaya: Well, didn't you question this?

Cafer Akdur: No.

DEFENDANT'S LAWYER TO THE PROSECUTOR: HE HAS NO AUTHORITY

Dursun Eryılmaz’s lawyer: Whose signature was on the duty roster when it was submitted?

Prosecutor Kadir Kocakaya: I object.

Dursun Eryılmaz’s lawyer: You intervene, Mr. President; the prosecutor has no such authority.

Prosecutor Kadir Kocakaya: What do you mean I have no authority?

Dursun Eryılmaz’s lawyer: What did you object to?

Prosecutor Kadir Kocakaya: He keeps saying 'board of directors' repeatedly.

SHOUTED 'MURDERERS' AND LEFT

Cafer Akdur’s lawyer also accused the prosecutor.

Cafer Akdur’s lawyer: The prosecutor is clearly committing a crime. This indictment does not reflect the truth. Leaving aside the press and the public, even a colleague of ours came here, shouted 'murderers,' and left.

Nurse Tuğba Özkaynak, also known as Tuğba Baş as mentioned in the indictment, was brought to the defendant's stand.

Presiding Judge: Will you present your defense?

Defendant: Even if there is any organization, I do not accept it. I did not cause any loss to public institutions or organizations. I didn't have much nursing experience anyway. I am 25 years old.

HE SAYS 'LET'S SHOW IT AS INTUBATED'

Presiding Judge asks: 'He says, let's show the Çağla Durmuş baby as intubated'?

Defendant nurse: I must have been busy with something at that moment; there is a conversation where I say 'okay, that's fine.' I never showed anyone as intubated.

Presiding Judge: Did you have any money exchange with the business?

Defendant nurse: No.

Presiding Judge: You said, 'Çağla Durmuş used to send 500 TL'.

Defendant nurse: I was working night shifts. I have no information about whether that money came from the company or where it came from. Çağla used to give it herself.

Presiding Judge: You said that Dr. Dursun would get information about the patients from Çağla and then you would provide that information to the families; is that correct?

Tuğçe Özkaynak: That is correct, he was not a very attentive doctor. 

Presiding Judge: You are saying that retrospective changes were being made to epicrises in the files.

Tuğçe Özkaynak: I said that the person doing it was not being questioned when I was being questioned myself.

"I DID NOT THINK IT WOULD BE A CRIME"

Prosecutor Kadir Kocakaya: Didn't you think such forgery would be a crime?

Tuğba Baş Özkaynak: I did not think it would be a crime.

Prosecutor Kadir Kocakaya: According to your claim, he says to change it in a way that is not consistent with the truth, he uses insults, he makes threats. Did you report this anywhere? Why didn't you report it?

Tuğba Baş Özkaynak: It remained only as rhetoric. I don't have any excuse. I didn't do it anyway.

Defense attorney objection: The prosecutor is asking leading questions; I object.

Prosecutor Kadir Kocakaya: What are you objecting to? You are not even the defense counsel for this defendant.

Defense counsel: It is a leading question; you are making an allegation of forgery of documents.

Prosecutor Kadir Kocakaya: I wish you had listened; I did not make such an allegation.

Presiding Judge: It has been decided that the question may be asked.

Prosecutor Kadir Kocakaya: Your Honor, as the prosecution, let us take a measure here. There are 70-80 lawyers here; not every lawyer has the right to object to every question.

“I THOUGHT THE HOSPITAL WAS PROVIDING THE MONEY”

Prosecutor Kadir Kocakaya: Did you not feel the need to inform the hospital management?

Tuğba Baş Özkaynak: I did not work for a very long time. It is also difficult to find a job, so I did not complain. 

Prosecutor Kadir Kocakaya: You say she is threatening you, yet you continue to receive money from Çağla?

Tuğba Baş Özkaynak: It is money that was received 4 times over 4 months. I know that Çağla received it from the hospital.

Prosecutor Kadir Kocakaya: Do you not know the source of the money she received?

Tuğba Baş Özkaynak: I thought it was coming from the hospital.

A 15-minute break was given in the hearing. Following the break, the hearing will continue with the trial of Sümeyye Özdemir.

Presiding Judge: You had a money transaction; what is this?

Medical secretary Sümeyye Özdemir: It was not something I received personally from the Medisense company. It was a loan I received due to my friendship with Sümeyye Nur Arslan.

The Presiding Judge asked about a wiretapped conversation.

Medical secretary Sümeyye Özdemir: I do not have the medical knowledge to write an epicrisis. The person named Hasan Basri also said he heard it, he didn't see it. I don't think it's normal for something to be based on hearsay.

Ahmet Atilla Yılmaz's lawyer: Did Ahmet Atilla Yılmaz make a request to you to increase turnover?

Medical secretary Sümeyye Özdemir:  Since I am a medical secretary, it would have been absurd for him to make such a request of me anyway.

Ahmet Atilla Yılmaz's lawyer: Is the management aware of the debt you took on?

Medical secretary Sümeyye Özdemir: I did not inform the management about the loan I received from my friend.

On the 7th day of the Newborn Gang trial, 7 defendants were tried without detention. Tomorrow's hearing will begin at 09:30.