Day 9 of the Newborn Gang trial concludes: Dispute erupts between defense attorney and prosecutor

Nagihan Yılkın / 12punto

The trial of 47 defendants in Istanbul, who are accused of transferring newborn emergency patients to the neonatal units of private hospitals they had pre-arranged agreements with, causing their deaths and generating illicit profits, continues on its 9th day.

The hearing, held in the conference hall of the courthouse by the Bakırköy 22nd High Criminal Court, was attended by 22 detained defendants, including Fırat Sarı, who is alleged to be the leader of the organized crime group, as well as some non-detained defendants and the lawyers of the parties involved.

Intensive security measures were taken by police teams inside and in front of the courtroom, which was followed by numerous members of the press.

To date, a total of 34 defendants, 22 of whom are detained and 12 of whom are not, have been tried. There are 13 non-detained defendants remaining.

The hearing will continue today with the defense of Renginar Molla, a nurse at Silivri Kolan Hospital.

 

Presiding Judge: Did you know Fırat Sarı beforehand?

Renginar Molla: I had only heard of him.

Presiding Judge: Anyone else among the defendants?

Renginar Molla: Hasan Basri, Gıyasettin Mert, whom I knew as Mert.

Presiding Judge: How was Hasan Basri introduced to you?

Renginar Molla: He was introduced to me by the management as a doctor's assistant nurse.

Presiding Judge: Were there any other nurses besides you?

Renginar Molla: There were.

Presiding Judge: Do you know Mehmet Salih?

Renginar Molla: I did not know him during the time I worked there.

 

"SHE WAS SAYING 'PULL THE STEPS'"

Presiding Judge: "Sister, pull the steps," she says, is that correct?

Renginar Molla: Yes, that is what she was saying.

Renginar Molla: The management asked me for the birth numbers, it was partly because of that...

Presiding Judge: Who was determining the steps?

Renginar Molla: Fırat Sarı was determining them.

Presiding Judge: Did you think it was Fırat Sarı who said it?

Renginar Molla: Yes, I thought it was because Fırat Sarı said so.

 

"I CHANGED IT IN THE PATIENT FILE"

Presiding Judge: You are speaking as if it were normal. The doctors never mention 'steps,' but the nurses constantly talk about 'steps'.

Renginar Molla: I made a correction when Hasan Basri called.

Presiding Judge: So, you changed it?

Renginar Molla: I changed it in the patient file.

Presiding Judge: Did you downgrade it from 3 to 1?

Renginar Molla: Whether we downgraded it or not, we fell into a contradiction there.

 

"EPICRISES HAD NOT BEEN WRITTEN"

Presiding Judge: Did you tell Hasan Basri in the audit transcripts that they were coming for an inspection?

Renginar Molla: When they came for the inspection, they wanted to see the epicrises. I told them about the epicrises that had not been written.

Presiding Judge: Had the epicrises not been written?

Renginar Molla: They had not been written.

Presiding Judge: Who was writing them?

Renginar Molla: Hasan Basri. I don't know if he was writing them alone or with Fırat Sarı.

Presiding Judge: Hasan Basri was going to assist you, right?

Renginar Molla: That is what management told me.

 

"THE MANAGEMENT KNEW"

Presiding Judge: Who told you?

Renginar Molla: Head nurse Ufuk. Everyone in management was aware of the information.

Presiding Judge: How many years have you been a nurse?

Renginar Molla: 15.

Presiding Judge: How long did you work in the neonatal unit?

Renginar Molla: 10 years.

Presiding Judge: Why did you ask Hasan Basri?

Renginar Molla: I was not aware of the tasks the doctor had me perform.

 

"I ASKED Fırat Sarı FOR A LOAN"

Presiding Judge: There were financial transactions between you and Fırat Sarı. What were these?

Renginar Molla: I was going to travel abroad, so I asked him for money. He was kind enough to give it to me. I wanted to save up and pay him back, but he refused.

 

"WHY DIDN'T YOU REACT?"

Presiding Judge: How do you know Gıyasettin Mert?

Renginar Molla: He is a nurse.

Presiding Judge: Did you never encounter him during the transfer of babies?

Renginar Molla: No.

 

(The Presiding Judge asks about a wiretap record.)

Presiding Judge: I understood that they attached importance to the steps. What do you think?

Renginar Molla: I am questioning it here as well. I was expecting some guidance. I questioned it in every conversation we had. I kept asking, 'Why is it like this?'

Presiding Judge: Why does Hasan Basri say, 'We are getting raided'? He says, 'It's about the steps.'

Renginar Molla: I did not perform any procedure regarding the steps.

Presiding Judge: You didn't perform it, but do you know how it happened?

Renginar Molla: I was doing what the doctors told me to do.

Presiding Judge: Why don't you react to Hasan Basri by saying, 'What does the baby's admission have to do with you?'

Renginar Molla: I think he understood it there.

 

'YOU ARE SAYING THERE IS BLEEDING IN THE BABIES'

Presiding Judge: You tell Fırat Sarı, 'Doctor, I will not work this way.' You say, 'Okay, I am managing Hasan Basri, but this baby has bleeding.'

Renginar Molla: The nurse on duty would get anxious and call me. I would say, 'Do not feed them.' When I arrived in the morning, I would check the baby myself. I said I would not convey things about the babies to Hasan. I had also told the management that I would report it.

Presiding Judge: What happened to that baby later?

Renginar Molla: Mr. Fırat came and performed the treatment. The baby recovered, and we handed it over to its mother.

Presiding Judge: Did you ever work in a way where you discussed the 'step' (level of care) with the nurses?

Renginar Molla: When Fırat Bey couldn't reach me, he said, 'Talk to Hasan, tell him, and he will relay it to me.' I was working part-time; that was our agreement. They said, 'You will maintain that communication through Hasan.' I couldn't say anything. Hasan Basri had knowledge of the management.

Member Judge: Were the patients at level 3 when they came for inspection?

Renginar Molla: I don't remember.

Member Judge: What did he mean when he said to change them from level 3 to 2 or 1?

Renginar Molla: It was something related to their oxygen levels. I changed it on the file. I didn't do anything to the baby.

Member Judge: Did you see Hasan Basri calculating turnover?

Renginar Molla: I did not.

 

"HE SAID THERE WAS OXYGEN BUT TO WRITE IT AS IF THERE WASN'T"

Member Judge: What exactly did you do regarding the file?

Renginar Molla: He told me to write that the baby was not receiving oxygen, even though the baby was receiving it.

Member Judge: Was the baby receiving oxygen at that moment?

Renginar Molla: It was.

Member Judge: What was his purpose, then?

Renginar Molla: I did not question it.

Member Judge: Was Hasan Basri taking hospital documents outside?

Renginar Molla: He was taking them from us. He would say he was going to write the epicrises. The files were going to the archive.

Member Judge: Who was responsible for entering the data into the system?

Renginar Molla: I was.

Member Judge: You are a nurse with 10 years of experience. You know how to distinguish which patient is Level 3 and which is Level 2.

Renginar Molla: They told me to focus on the babies. So, I focused on the babies.

Member Judge: Did the chief physician involve themselves in the operations of the neonatal unit?

Renginar Molla: Yes, they would ask, 'How many patients are there, what is the general status?'

 

PROSECUTOR: THIS IS NO JOKING MATTER

Prosecutor Kadir Koçakaya: Why are you making an effort to ensure the neonatal intensive care unit is full?

Renginar Molla: I never had any such intention.

Prosecutor Kadir Koçakaya: You say the patient did not come to me. What is the purpose of saying this?

Renginar Molla: I have no purpose.

Prosecutor Kadir Koçakaya: I don't even think this is something that should be joked about. They tell you, 'I will bring a drug (a drug that slows down oxygen), give this.' What did you do at that moment?

Renginar Molla: I didn't understand what they meant at that moment. I said, 'These babies are doing just fine.'

Prosecutor Kadir Koçakaya: Did you receive any money in cash, other than the money that came into your account?

Renginar Molla: No.

Prosecutor Kadir Koçakaya: Are you aware of the agreement made between the hospital management and Fırat Sarı?

Renginar Molla: No.

Prosecutor Kadir Koçakaya: Was it Chief Physician Yener Mansuroğlu?

Renginar Molla: Yes.

Prosecutor Kadir Koçakaya: With whom did Fırat Sarı make the agreement?

Renginar Molla: I don't know, but he must have made it with the chief physician.

Ministry of Health attorney: To whom should a nurse with 10 years of intensive care experience provide information regarding patient treatment, and to whom were you providing it?

Renginar Molla: I was receiving the treatment plans from the doctor and applying them to the patient.

Attorney: Should the information be given to the physician or the head nurse?

Renginar Molla: I first write a notification to the doctor, then to the nurse.

Attorney: In your previous statement, you said you gave it to the head nurse, not the doctor.

Renginar Molla: No, no, the doctor. The doctor first.

Attorney: Was Fırat Sarı present for every discharged baby?

Renginar Molla: Yes, he would come. He would perform an evaluation before discharge.

Mustafa Kazan took the stand.

He worked as administrative staff at Bağcılar Şafak Hospital. It is alleged that he committed 'qualified fraud' by overseeing the irregular writing of epicrises in the neonatal intensive care unit of the hospital he managed, transferring patients without using the 112 system, manipulating patient care levels, and billing the Social Security Institution (SGK) for medications that were not actually administered.

 

"IT WAS A TROUBLED HOSPITAL"

Presiding Judge: Will you present your defense?

Mustafa Kazan: I worked at Bağcılar Şafak Hospital from early 2023 until February 2024. I resigned of my own volition. There was constant chaos at the hospital; it was a problematic facility. Later, I moved to Kızılay Hospital. Our mental health deteriorated, so we moved back to our hometown. I worked as administrative staff, handling technical matters. I had no authority over medical processes. I have no involvement in any financial transactions related to the organization.

 

"FOREIGN NATIONALS TOOK OVER THE HOSPITAL, THEY DID NOT SPEAK TURKISH"

Presiding Judge: Did you work at Bağcılar Medilife?

Mustafa Kazan: I worked there 3 years ago. I left that job of my own accord as well. They had hired foreign nationals. They could not speak Turkish, and we could not communicate. That is why I left.

Presiding Judge: Was there a separate business operation at Bağcılar Şafak?

Mustafa Kazan: Not to my knowledge.

 

"I WAS A CHEMISTRY TEACHER"

Presiding Judge: Did you not have any dealings with Fırat Sarı?

Mustafa Kazan: I am not acquainted with him. He called me only once. We spoke twice. He told me, 'I have a receivable, but I don't know the details. What can we do about this?' I said, 'I don't know.' I told him, 'I will have it looked into, and they can provide you with information accordingly.' They called again the next day. I passed it on. Since I didn't know the details of the matter, I brushed it off.

Presiding Judge: Who was your chief physician?

Mustafa Kazan: Semiha Yavuz.

Presiding Judge: Was it Semiha Yavuz before you arrived as well?

Mustafa Kazan: She arrived one month after me.

Presiding Judge: Who is the owner of the hospital?

Mustafa Kazan: I don't know the partnership structure, but my point of contact was Cem Türker Öztürk.

Presiding Judge: What is your educational background?

Mustafa Kazan: Chemistry. I was actually a chemistry teacher.

 

"10 THOUSAND LIRA PER BABY"

Presiding Judge: In your wiretap recording with Gıyasettin, it is said, "Let's say good luck for our first out-of-province case then." What does this mean?

Mustafa Kazan: There was going to be a pregnant patient coming from out of town. I even informed the chief physician. It was a conversation regarding urgency.

Presiding Judge: It is said, "I will give 10 THOUSAND lira per baby." What is this?

Mustafa Kazan: I had two conversations. My conversations were about things the management conveyed to me. One was 10 thousand, the other was 50 thousand or something, and there was also a per-patient fee. As far as I know, he did not accept this.

Presiding Judge: Did he accept it later?

Mustafa Kazan: I suppose I did. I saw it in the wiretaps, but I don't know the details.

 

"MANAGEMENT SAID GIVE THE MONEY"

Presiding Judge: You call Fırat Sarı and say, "Doctor, I'm going to ask for your support. Can we increase the number, maybe to 27?" What does this mean?

Mustafa Kazan: I don't remember.

Presiding Judge: Why did you feel the need to have such a conversation with Fırat Sarı?

Mustafa Kazan: I don't know.

Presiding Judge: Rabia Taşkın called you. Who was she?

Mustafa Kazan: Accounting.

Presiding Judge: "Mert arrived, it was 50 thousand, right?" he says. And you say, "Yes." What does this mean?

Mustafa Kazan: It is something I said under their direction. They are the ones asking about the money anyway.

Presiding Judge: Does the management tell you to give this money?

Mustafa Kazan: Yes.

Presiding Judge: Who tells you this?

Mustafa Kazan: Mr. Cem.

 

HE SAID SOMETHING LIKE 10 THOUSAND TO 50 THOUSAND PER PATIENT

Prosecutor: Did Mr. Cem give a general instruction, or did he tell you to speak with Mert?

Mustafa Kazan: He told me to talk to Mert. In return, he mentioned something like 10,000 TL or 50,000 TL per patient.

Prosecutor: Did Cem know Mert?

Mustafa Kazan: I don't know.

Prosecutor: That means he knew him. Well, did you know him?

Mustafa Kazan: I knew him.

Prosecutor: Why didn't he talk to him directly instead of using you as an intermediary?

Prosecutor: How were you receiving your salary?

Mustafa Kazan: I was receiving it from the hospital.

Prosecutor: Who was responsible for accounting?

Mustafa Kazan: I don't remember their name.

Prosecutor: Why do they call you regarding cash outflows?

Mustafa Kazan: They were calling me because no one else knew.

Prosecutor: Don't they call the person responsible for accounting?

Mustafa Kazan: Because I was the one who held the initial meeting.

Prosecutor: Why did they have that meeting with you instead of them?

Mustafa Kazan: I don't know the reason.

 

"DIDN'T THE BUYING AND SELLING OF BABIES LIKE COMMODITIES BOTHER YOU?"

Prosecutor Kadir Koçakaya: Didn't it bother you that a baby in mortal danger was being bought and sold like a commodity?

Mustafa Kazan: It is not appropriate, you are right. I had to work because I had 3 children.

Prosecutor Kadir Koçakaya: Didn't you take any action?

Mustafa Kazan: I was looking for a job.

 

ATTORNEY: YOUR USE OF THE PHRASE 'LIKE A COMMODITY TRANSACTION' IS REFLECTED POORLY IN THE PRESS

 

PROSECUTOR: THE DEFENDANT IS SPEAKING; I DO NOT CONDUCT TRIALS BASED ON HOW THEY ARE REFLECTED OUTSIDE

Prosecutor Kadir Koçakaya: Didn't you think that if this baby died, you would be responsible?

Mustafa Kazan: Exactly, I have a child too. I thought the doctors were very attentive to the patients. I trusted the hospital doctors, which is why I was at ease.

The attorney objected: The prosecutor is saying they are being brought in like merchandise; there is already public pressure. I do not accept the prosecutor's framing. These are hospitals, not some slum. Hospitals are fully equipped. Now the press is going to publish something like this.

Prosecutor Kadir Koçakaya: The defendant says, 'We were taking them in exchange for money.' I am not the one saying it. Secondly, how this is reflected outside does not concern me. I cannot conduct a trial based on how it might be perceived.

 

HEALTH TOURISM

Attorney: Is there any activity like patient tourism?

Mustafa Kazan: Yes, it was happening; foreign nationals were also coming.

 

Fırat Sarı ASKED

Fırat Sarı: Mr. Mustafa, did you work with anyone other than Gıyasettin Mert?

Mustafa Kazan: I did not work.

 

"THE MINISTRY OF HEALTH DID NOT DETECT ANY IRREGULARITIES"

Burak Mengü, attorney for Murat Mantuş: Did the Ministry of Health conduct inspections during this process?

Mustafa Kazan: It was inspected.

Burak Mengü: Were any irregularities detected?

Mustafa Kazan: They were not.

 

DEFENSE ATTORNEY REACTS TO PROSECUTORS

Mustafa Kazan's attorney objected to the question asked by the trial prosecutor regarding the buying and selling of babies like commodities. 

He stated that the presumption of innocence had been violated.

He also alleged that the investigating prosecutor, Yavuz Engin, did not write the indictment himself but had it written by law enforcement officers.

Semiha Yavuz took the stand.

Semiha Yavuz is the chief physician of Şafak Hospital. 

It is alleged that she committed the crime of 'qualified fraud' by facilitating patient transfers without using the 112 emergency system at the hospital where she served as chief physician, manipulating patient care levels, and billing the Social Security Institution (SGK) for medications in a manner contrary to the truth.

Presiding Judge: Will you present your defense?

Chief Physician Semiha Yavuz: I will. (Reading from a paper in her hand)

I do not accept the charges brought against me.

I am the eldest of 7 children from an immigrant family. I am married and have 2 children. May God protect everyone's children. 

As chief physicians, we carried out our work with qualified doctors and nurses, observing patient rights to the maximum extent.

We, as chief physicians, have nothing to do with financial processes. I was a chief physician active in the field. 

I passed the inspections conducted by the Ministry of Health in the best possible way.

While providing information, Mustafa Kazan said the only inappropriate hospital was Bağcılar Şafak Hospital. He must have been confused. No one corrected him either.

During one of the extraordinary inspections, the inspector said, 'Semiha, I see that you are doing a very good job. You are showing every report.'

'I thank you and your team very much. I live in Kadıköy, but if I had a patient, I would refer them to you,' they said. I continued to embrace my work even more.

Passing judgment without listening is the worst thing a manager can do.

 

"IT WAS THE BEST IN ISTANBUL"

Chief Physician Semiha Yavuz: My neonatal unit was very spacious. It was perhaps the best in Istanbul.

The baby's progress depends on different criteria. I made sure to greet every patient myself. I would evaluate what the patient had or didn't have. I would also speak with the family personally. I paid special attention to having a nurse with me. After the birth, I was the first to interact with the father. Despite my heavy workload, I would go to see the mother after she moved to her room. I went personally because I wanted them to feel trust. I conducted patient rounds at the bedside with competent nurses.

 

"I HEARD IT HERE FOR THE FIRST TIME"

Presiding Judge: You also worked at Medilife, didn't you?

Semiha Yavuz: Yes.

Presiding Judge: Was there an operation [referring to the scheme]?

Semiha Yavuz: There wasn't one during my time there. Since I am a pediatrician, I didn't think such a thing existed. 

Presiding Judge: Was there one at Şafak before you?

Semiha Yavuz: To my knowledge, there was not.

Presiding Judge: Mustafa Kazan says he spoke with the management regarding the request. There is even an allegation that money was paid. 

Semiha Yavuz: I heard all of this information for the first time here. I saw it for the first time in those wiretaps when the prosecutor asked about it. Honestly, I had no need for such a thing. Why was there a need for such a situation?

 

"OUR STAMPS ARE OUR PRIVACY"

Presiding Judge: Why did the management feel the need?

Semiha Yavuz: I don't know, I would like to ask that myself.

Presiding Judge: Did you never come across it?

Semiha Yavuz: I never had such a conversation with anyone.

Presiding Judge: Is there such a practice?

Semiha Yavuz: There were rumors circulating in various ways. Since I was the chief physician, no one could speak to me in that manner.

Presiding Judge: Is it common practice to use another doctor's stamp?

Semiha Yavuz: I have not witnessed such conversations in the medical community.

Presiding Judge: Did you not find it strange here?

Semiha Yavuz: Stamps are our private property.

Presiding Judge: When inspections occurred, did you provide the epicrises and files immediately upon request?

Semiha Yavuz: I gave it.

Presiding Judge: Did you say anything like 'complete the epicrises'?

Semiha Yavuz: No. I did not. I had no need for such a thing.

Presiding Judge: How did you give it immediately?

Semiha Yavuz: I was a team that worked very disciplined. I already worked with the right team to avoid falling into this situation.

Presiding Judge: Do you know Gıyasettin Mert?

Semiha Yavuz: I know someone named Mert who refers patients from 112, but I heard here that his name was Gıyasettin.

Presiding Judge: You have a conversation with Gıyasettin where you ask if [the patient] is 'intubated'?

Semiha Yavuz: I am asking about the patient so I can have them prepared accordingly. It was a patient coming from out of town.

Presiding Judge: Gıyasettin says, 'There is a Syrian baby, shall we take it?' and you say, 'We will take it'?

Semiha Yavuz: Specifically, a baby without a Turkish ID number must reside in Istanbul. It is out of the question for me to receive money anyway. 

Presiding Judge: Isn't it absurd to discuss the number of patients?

Semiha Yavuz: It was a routine conversation. I had 33 patients, in case an admission came in at night...

Presiding Judge: Isn't it ridiculous for you to talk to 112; why don't you say 'what is it to you'?

Semiha Yavuz: There is nothing wrong with me sharing the patient count; I was truly very busy.

 

"SPEAKING LIKE THIS"

Presiding Judge: "There is a conversation between Mehmet Halis and Fırat Sarı: 'Babies coming from out of town are dying (ex), Semiha has lost her mind, she's ruining everything...' What do you say to this conversation?"

Semiha Yavuz: I condemn this with regret. It is very [upsetting] that someone who worked with me for many years would speak about me like this. It is absolutely not true. The claims regarding the number of deaths I am responsible for are absolutely false. They came for inspections and examined everything one by one. These inspections are the greatest proof of this.

The Presiding Judge asked a question regarding Hakan Doğukan Taşçı.

Semiha Yavuz: I have not seen these men for a single second of my life. I leave it to your discretion why they are speaking this way.

Presiding Judge: Did Fırat Sarı work at your hospital?

Semiha Yavuz: He never worked there.

 

"I WOULD BE A PEDIATRICIAN AGAIN"

Presiding Judge: Is there anything you would like to add?

Semiha Yavuz: I saw that the people here made mistakes. I grew up in a very loving family. My mother and father passed away a long time ago, but I grew up with their values. They raised 7 children. My sibling is also a dentist. Do not forget to be human. That lack of love is a terrible thing; of course, I love myself, and my family is behind me. If I were to come into this world again, I would be a doctor. I would be a pediatrician. I thank my family who raised me and my loved ones.

 

PROSECUTOR: IT IS NOT YOUR PLACE

Prosecutor Kadir Koçakaya: "How many managers were working at Şafak Hospital?....

Semiha Yavuz: There were 3 managers working there....

Prosecutor Kadir Koçakaya: Do not interrupt me. Do not question my intentions; it is not your place. Do not question what I want to hear either. Do not question my intentions. Was Mustafa Kazan, as the assistant operations manager, reporting directly to you, or were there other people in between?"

Semiha Yavuz: Since our hospital was under concordat, I do not know who he reported to.

From detained defendant İlker Gönenli to Semiha Yavuz: Was any service procurement made without her knowledge?

Semiha Yavuz: I have no knowledge of it.

İlker Gönenli: Are there people who make a living by transferring patients for medical tourism?

Semiha Yavuz: There were those who provided this in accordance with official regulations.

 

DEFENSE ATTORNEY TO PROSECUTOR: HE SHOULD KNOW HIS PLACE

Reaction from Semiha Yavuz's attorney to Prosecutor Kadir Koçakaya

Semiha Yavuz's attorney to the Presiding Judge: The fact that he is sitting on the bench with you does not mean he is managing the court. He says 'know your place,' he should know his own place.

Prosecutor Kadir Koçakaya: Do not make comments regarding my person.

Attorney: If you do it, I will do it too.

Prosecutor Kadir Koçakaya: You do not have such authority.

Attorney: You do not have such authority either. Know your limits.

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

 

The recess has ended.

 

Non-detained defendant Batuhan Çetin, who worked as a nurse assistant at Güney Hospital, took the stand. 

He is accused of 'committing intentional homicide by negligence due to his negligence in the death of baby Kaya.'

Batuhan Çetin: I started at Güney Hospital as an intern in 2021.

When my internship ended, I started working as a nurse assistant in the neonatal intensive care unit at this hospital.

Batuhan Çetin: I have no knowledge of the irregularities committed. The intensive care unit changed after Damla Atak arrived. I knew it was being operated by a private entity. After that entity left, we understood that Ali Dirik was running it.

Presiding Judge: Was the facility in operation during the time you worked there?

Batuhan Çetin: It was.

Presiding Judge: Who was in charge?

Batuhan Çetin: İlker Gönen would come at night. Şeyhmus Çelik would come very rarely during the day. Hüseyin Günerhan was in charge. Hüseyin Günerhan used to introduce himself as Şeyhmus.

 

"HE SAID, 'IT'S GOING TO DIE ANYWAY, PULL THE PLUG'"

Batuhan Çetin: When Baby Kaya was dying, even the anesthesiologist didn't lift a finger. No one cared. On the night of the second day, the baby started bleeding. Nurse Damla Atak did not come even though she was called. 

The baby's condition worsened around 3:30 AM. I called Dr. Rıza and asked for help. He told me, 'It's 500 grams, this baby is going to die anyway. Pull the plug and let it go.' I apologize to the baby's family. But that is what Dr. Rıza said. These are the kinds of people they are.

 

"I SHOULD HAVE BEEN HEARD AS A WITNESS"

Batuhan Çetin: I am currently on trial because I performed CPR. I was brought here as a defendant, but I should have come as a witness.

My superior is Damla Atak. I cannot go and ask someone else.

 

"THE MANAGEMENT THREATENED ME"

Batuhan Çetin: There was an inspection. Müzeyyen called me into her office and asked me questions. 

The hospital lawyer, the hospital manager, and Damla Atak took me into a room. They threatened me in a way that felt like they were trying to frame me. They said, 'We will report you.' I told them I hadn't called anyone. I said, 'You cannot prove it.' They said, 'We are going to the prosecutor's office.' I didn't know that discussing patient information outside was prohibited.

 

"EVERYONE KNEW ABOUT THE BABY"

Batuhan Çetin: The management that created the shift schedule and left me there is guilty.

Everyone from the hospital management to the night supervisor knew about the baby. It was clear the baby was going to die; why did they leave me there? Honestly, I am curious about that myself.

 

"A DOCTOR WHO LET OTHERS USE HIS STAMP"

Presiding Judge: When did Şeyhmus Çelik leave there?

Batuhan Çetin: Dr. Şeyhmus never saw the baby. He didn't come and go very often anyway. He is a doctor who let others use his stamp.

Presiding Judge: Who was there when the baby arrived?

Batuhan Çetin: Damla Atak knew; she knew the baby would arrive weighing 500 grams.

 

"THEY DID NOT TAKE A WRITTEN STATEMENT"

Batuhan Çetin: I gave a statement to the Provincial Health Directorate. When I went to the Provincial Health Directorate, I didn't know what was legal and what was illegal. These remained only as verbal discussions, but they did not take my written statement.

 

"THERE WERE CAMERA RECORDINGS"

Presiding Judge: Was Hilda Keykubad's stamp at the hospital?

Batuhan Çetin: Yes.

Presiding Judge: Hilda Keykubad did not come. Did Rıza Keykubad come?

Batuhan Çetin: He came to the hospital both before and after the baby's death.

There are cameras in the intensive care unit; in fact, I told Hakan Doğukan that I spoke to you in a place without cameras so they couldn't prove it. If someone crossed their legs, they would call and tell them to uncross them.

 

"CAMERA FOOTAGE HAS DISAPPEARED"

Presiding Judge: What happened to the camera footage?

Batuhan Çetin: I don't know, it has disappeared.

Presiding Judge: Who had access?

Batuhan Çetin: Hüseyin Günerhan and Doğukan Taşçı had access. The person who provided this was an IT specialist named Batuhan.

 

"THEY SUBJECTED ME TO MOBBING"

Presiding Judge: You said they subjected you to mobbing?

Batuhan Çetin: After Damla Atak arrived, they made me work night shifts every night. I was made to work more than the other nursing assistants. Isn't this called mobbing? It is mobbing.

Presiding Judge: Were there camera recordings?

Batuhan Çetin: They were definitely working.

Prosecutor Kadir Koçakaya: What happened to the file of baby Kaya after he died during the inspection?

Batuhan Çelik: The death notification was made by the night supervisor, Furkan Çalışkan. I don't know how he did it without an e-signature.

Batuhan Çelik: After the inspection, Damla Atak called me. She said, 'You will say that Oktay came and intervened.' 

Prosecutor Kadir Koçakaya: What happened to the Kaya baby's file?

Batuhan Çelik: I don't know; it should have been placed with the other files.

Prosecutor Kadir Koçakaya: Did the inspectors take it? 

Batuhan Çelik: I wasn't there. I left at 8 a.m. Damla Atak introduced Rıza Hoca as a pediatrician.

Prosecutor Kadir Koçakaya: Do you know Gıyasettin? You said, 'I know he is a broker.' What is a broker? 

Batuhan Çelik: He was the one who brought the babies and was in contact with Damla Atak. 

Prosecutor: In the camera footage, when the nurse crossed her legs, who was warning you in the recordings?

Batuhan Çetin: Müzeyyen was warning me.

Ministry of Health Attorney asks: You referred to Furkan Çalışkan as the night supervisor. What is his role? 

Batuhan Çetin: I know he is an expert, even if he is not a physician.

Attorney: Do you know who wrote the death certificate? 

Batuhan Çetin: No, I do not know.

 

"SHE SAID 'DON'T CALL ME, I HAVE A HEADACHE'"

Damla Atak's attorney: What was the operational procedure at the hospital when Damla Atak arrived?

Batuhan Çetin: When Damla Atak arrived, there were no proper doctors at the hospital.

When baby Kaya's condition worsened, Damla Atak told me, 'Don't call me, I have a headache.'

 

"THEY WERE AWARE OF THE INSPECTIONS"

Baby Kaya's father is in the courtroom.

His lawyer asks: You called someone on the evening baby Kaya died. 

I started cardiac massage. I reported that the baby was in arrest. Even my head nurse... I do not have the authority to use (medical term), I have no knowledge. 

Victim's lawyer: You are using profanity. At whom?

I was swearing at Rıza Keykubad. I stand by it.

Victim's attorney: Were there any deficiencies?

I am a nursing assistant. Before the inspections arrived, missing items were brought in from other hospitals. They were sent back after the inspection was over. They would be informed about the inspections. I don't know how they found out.

Ali Dirik took the stand.

He works as the responsible manager of Güney Hospital.

He is accused of 'committing qualified fraud by billing the Social Security Institution (SGK), concealing and destroying evidence by having security footage deleted to prevent the retrieval of recordings following the death of baby Kaya, failing to assign an on-duty nurse or doctor while leaving a nursing assistant with no medical intervention authority in the neonatal intensive care unit on the night baby Kaya died, and consequently, failing to fulfill his contractual obligations and causing the death of baby Kaya, thereby committing the crime of negligent homicide.'

'Fırat Sarı SAID HE KNEW A PROSECUTOR'

Ali Dirik:

"I worked in Diyarbakır and Hatay, and for the last 13 years, I worked at Güney Hospital. I do not know Fırat Sarı. We were having trouble finding nurses, so I told the hospital owner, Ms. Müzeyyen. She reached out to Fırat Sarı. Fırat Sarı began providing us with consultancy services. In 2023, there was an excessive entry of a drug named [...]. I called the nurses and asked if they had administered this drug to the patients. The nurses said no. Then I told Fırat Sarı that there was an entry of drugs not reported to the SGK and that corruption was taking place. After that, disagreements arose regarding the consultancy services."

Ali Dirik continues his defense:

"The epicrises had not been reported to the Social Security Institution (SGK); I saw that the files were incomplete. I called Fırat Sarı to the hospital. The hospital owners, the hospital manager, and I spoke with Fırat Sarı. A heated argument took place between us. When I told him to explain these medications, he could not, so as the chief physician, I said we should not work with Fırat Sarı. Fırat Sarı threatened me, saying, 'I have a prosecutor I know. Who are you?' I also fired the nurses who were working under Fırat Sarı's consultancy. It is in the wiretaps. Fırat Sarı got angry at this and cursed at me heavily behind my back; he left neither my mother nor my lineage untouched."

'THE MOTHER'S CONDITION WAS ALSO CRITICAL'

Ali Dirik:

"I want to address the discussions regarding baby Kaya. I was called on the 13th at 22:00 at night. The reason I was called is that I have worked in intensive care for a long time and have served as a chief physician. I am being called a baby killer. The 22-year-old mother's condition was also critical, and her baby was born weighing 500 grams. I will present to you the employment documents of the doctors working at our hospital."  

"When baby Kaya was born, I asked Dr. Oktay what he had done. I was taking care of the mother. The mother was on the 4th floor, and the intensive care unit was on the 5th floor." 

"I APPLIED TO THE MINISTRY OF HEALTH NUMEROUS TIMES"

The member judge asks: Hilda Keykubat says she started work on 17.11.2023 and was not involved in the death of baby Kaya? 

What are you saying? 

Ali Dirik: We met with him on the 13th, and he started work on the 15th. He had an e-signature on that date.

Presiding Judge: Who used to work the night shift?

Ali Dirik: In places where the Ministry of Health grants a license. Normally, they require a doctor 24/7. But there was a two-person staff. I couldn't rotate them. There were on-call doctors. I applied to the Ministry of Health multiple times. No doctors are being provided.

Presiding Judge: Did you demand the resignation of Şeyhmus Çelik?

Ali Dirik: Şeyhmus Çelik had come through a referral from Fırat Sarı. I was also looking for a doctor. I was having problems with Fırat Sarı.

Presiding Judge: Were both Hilda Keykubat and Rıza Keykubat working when baby Kaya died? 

Ali Dirik: We met on the 13th of the month, signed the contract on the 15th, and they started working.

Presiding Judge: Rıza Keykubat said, 'We were going to start on the 17th, they set us up,' what do you say to that? 

Ali Dirik: Sir, we met on the 13th.

Prosecutor Kadir Koçakaya: How did you know the inspectors were from the prosecutor's office?

Ali Dirik: They came with the police, and the document said 'Büyükçekmece Chief Public Prosecutor's Office.' The police showed the document, that is how I know.

Prosecutor Kadir Koçakaya: He says no doctor looked at baby Kaya. Why would Batuhan say something like that about you?

Ali Dirik: I had sent Doğukan away because he was working with Fırat Sarı. There was already animosity. Now I understand that they also used Batuhan as a tool in their own games.

Prosecutor: If you have no animosity, why is he making such an accusation?

Ali Dirik: I learned that Doğukan and Batuhan were close.

Ali Dirik, the defendant and Chief Physician of Güney Hospital who is being tried without detention, is giving contradictory statements.

Prosecutor: Who was the head nurse during the death of baby Kaya?

Ali Dirik: I remember her as Ms. Elçin.

Prosecutor: What was her last name?

Ali Dirik: I don't know.

Prosecutor: You said Rıza needed to come when Batuhan called; did you say that incorrectly? 

Ali Dirik: I must have said it incorrectly.

“I WILL HANDLE IT WITH POLITICIANS”

Prosecutor: You say you will handle it with politicians? As a chief physician, what is the meaning of you discussing serious incidents with Gıyasettin?

Ali Dirik: I know him. Since he is an outsider, I speak to him as a brother.

PROSECUTOR: I AM ASKING A SIMPLE QUESTION

Prosecutor Kadir Koçakaya: Normally, it is forbidden for you to provide information to Gıyasettin; why are you doing it?

Ali Dirik: I do not know that he is close with Fırat Sarı.

Prosecutor: It is already prohibited.

Ali Dirik: I don't know.

Prosecutor: I am asking a very simple question. You are the chief physician. Why are you discussing the death incident at the hospital with Gıyasettin Mert?

Ali Dirik: He was coming to the hospital. I don't have a special relationship with him. He must have asked. I probably spoke to him as someone from the outside. 

Prosecutor: Did you have any arrangement with Gıyasettin Mert like operating the intensive care unit?

Ali Dirik: There is absolutely no such thing. The hospital chief physician is already required to transfer it for operation.

The victim's attorney asks: You stated to law enforcement that Damla Atak should not take the files outside; why? 

The attorney for Güney Hospital objected to the question. The judge accepted the question. 

Ali Dirik: Damla Atak had incomplete information during the Fırat Sarı era. That is why the files were not being taken outside.

Attorney: Is Rıza Keykubat a pediatrician? 

Ali Dirik: No, he is a general practitioner.

Rıza Keykubat's lawyer asks: Did you hire Hilda to work at the polyclinic or in the neonatal intensive care unit? 

Ali Dirik: I hired her for the neonatal intensive care unit.

Lawyer: You stated that you prepare the doctors' shift schedule; were the physicians aware of this? 

Ali Dirik: I would call and inform them. It would change from time to time.

Because there could be doctors who left.

Attorney: Did you hire Ms. Hilda immediately to shift the responsibility away from yourself because the Kaya baby had passed away?

Ali Dirik's attorney objected. The court decided to allow the question.

Ali Dirik: It is impossible for me to know which baby might pass away.

“NO ONE HAD A DREAM TO FIND PROSECUTOR YAVUZ ENGİN”

Chief Physician Ali Dirik's attorney is presenting the defense: We have been conducting this trial here for 9 days; some of the 47 defendants are being tried while detained, and others are not. Some are being lynched for failing to adhere to professional ethics.

Prosecutor Yavuz Engin's name appears on the documents from the inspection. This name was not reached through a dream.

The number of neonatologists in the country is insufficient.

Defense attorney: Regarding the tampering with evidence, two hard drives malfunctioned due to a power outage on November 9, which was discovered a week later. If evidence were being tampered with, the camera recordings of other units would have been deleted along with those of the neonatal unit; however, the 3 hard drives containing other camera recordings in the hospital were working. How could evidence be tampered with? As for the situation of baby Kaya, baby Kaya was born at Esengül Hospital and transferred to Güney Hospital. My client intervened for baby Kaya's mother, Ms. Zeynep. The mother thanked my client. In fact, Zeynep, the mother who lost her baby, went to Güney Hospital again in 2024, which is also available in the camera recordings. If there were a hospital that caused a baby's death through negligence, people would not even pass by it, let alone go to that hospital.

A 20-minute recess was called in the Newborn Gang trial.

The recess in the hearing has ended.

Ayşe Müzeyyen Yurtoğlu, owner of Güney Hospital, took the stand.

The indictment states that 'it was determined that the administrators of Private Güney Hospital, by accepting patients into neonatal intensive care units that were not Level 3 and leaving them under the management of nurses, caused death by negligence; committed the crime of qualified fraud by transferring patients without using the 112 system, manipulating patient classification levels, and billing the Social Security Institution (SGK) for medications in a manner contrary to the truth; and furthermore, committed the crime of concealing and destroying evidence by having camera footage deleted to prevent it from being seized following the death of baby Kaya. It is understood that on the night baby Kaya died, they left a nursing assistant with no authority for medical intervention in the neonatal intensive care unit, failed to assign a nurse on duty or a doctor on duty, resulting in the death of baby Kaya that same night, and in this context, failed to fulfill their contractual obligations, thereby committing the crime of homicide by negligence by causing the death of baby Kaya.'

Ayşe Müzeyyen is 74 years old and has a hearing aid. 

The presiding judge asked if she was able to stand.

Ayşe Müzeyyen Yurtoğlu: I am 74 years old and I am the chair of the board of directors of Güney Hospital. 

It was difficult to find pediatricians and doctors for other departments. That is why I spoke with Mr. Fırat, who provides consultancy services. Mr. Fırat told us that he provides consultancy services to many hospitals. He mentioned that he had nurses reporting to him and that there was a doctor named İlker. I told our chief physician, Ali Dirik. That is how the process began.

Ayşe Müzeyyen Yurtoğlu introduced herself as the Chairperson of the Board of Directors of Güney Hospital.

“HE SAID HE KNEW A PROSECUTOR”

Ayşe Müzeyyen Yurtoğlu stated: Our chief physician, Mr. Ali, asked about the medication and said, 'You are not explaining the medication.' Mr. Fırat shouted at the chief physician in my presence and cursed at him.

Mr. Fırat told the chief physician, 'You will see, I know a prosecutor.'

Later, the Büyükçekmece Prosecutor's Office came to my hospital and conducted an inspection.

“I FIRED HIM”

Presiding Judge: Did you conduct an investigation regarding this medication, and did you prepare any official reports concerning the nurses? 

Ayşe Müzeyyen Yurtoğlu: I paid the severance pay and dismissed Hasan Basri, Hasan Doğukan, and Hüseyin, who were working under Fırat Sarı.

“THEY PASSED AWAY IN THE EVENING”

Presiding Judge: You said in the conversations that you suffered losses because of Fırat Sarı? 

Ayşe Müzeyyen Yurtoğlu: Because the doctors were not coming regularly.

Presiding Judge: What would you like to say regarding baby Kaya? 

Ayşe Müzeyyen Yurtoğlu: I came to the hospital on the 16th and saw there was chaos because an inspection was being conducted. The baby had passed away on the evening of the 15th. A mother experiencing preeclampsia at Esencan Hospital was brought to our hospital, and the baby was born weighing 500 grams.

"I AM A MIDDLE SCHOOL GRADUATE, I BOUGHT THE HOSPITAL"

Presiding Judge: What is your educational background? 

Ayşe Müzeyyen Yurtoğlu: I am a middle school graduate. I worked in Germany for years, and I bought the Esenler Güney Hospital so that my social security contributions would continue. We had a chief physician, Mr. Oktay, who worked with us for 24 years.

Presiding Judge: Who did you make an agreement with after Şeyhmus Çelik? Müzeyyen Yurtoğlu: I did not make an agreement; the chief physician did. I have no information about it. 

Presiding Judge: What are your thoughts regarding the camera recordings? 

Ayşe Müzeyyen: I learned about it from the prosecutor's team that came for the inspection; I had no prior knowledge. I also did not tell the nurses working in the neonatal intensive care unit to stop crossing their legs or to sit properly in the camera recordings.

“I HAVE A POLITICAL OPINION”

Ayşe Müzeyyen Yurtoğlu: I have a political opinion. Should I tell you?

Presiding Judge: You answer the questions.

(The MHP Esenler District Presidency had previously shared a post regarding their visit to Müzeyyen Yurtoğlu.)

“Do not disclose hospital information”

Presiding Judge: Batuhan said your nurse knew about this. What would you like to say regarding the shortage of doctors?

Ayşe Müzeyyen Yurtoğlu:  Batuhan did his internship with us, and I asked him if he wanted to work with us. I told him, 'Look, if you want to continue with us, don't give them (Fırat Sarı's team) the hospital's information.'

Presiding Judge: Following the inspection, there is a statement that your hospital's neonatal unit did not meet the requirements. Is that a temporary situation?

Ayşe Müzeyyen Yurtoğlu: I have been the owner of this hospital since 1984. I have no authority over healthcare personnel; the chief physician is responsible for that.

Presiding Judge: Did you always visit the hospital regularly? 

Ayşe Müzeyyen Yurtoğlu: Yes, I used to go, but I haven't been able to go for the last 10 years due to my health problems.

Presiding Judge: Doctor Songül? 

Ayşe Müzeyyen Yurtoğlu: She is a very good obstetrician; she worked with us for 12 years. I was actually very sad that she was going to England.

Presiding Judge: Is there anything you would like to add?

Ayşe Müzeyyen Yurtoğlu: I did not cause any financial loss to the Social Security Institution (SGK). I am not a member of any criminal organization, and I do not accept the accusations.

“I FOUND Fırat Sarı”

Cross-examination began.

The associate judge asks: How did you get in touch with Fırat Sarı? Did he find you, or did you find him? 

Ayşe Müzeyyen: I found it; a general surgery specialist working at our hospital had explained it, and that is how we made contact.

PATIENTS REFERRED FOR MONEY

Prosecutor Kadir Koçakaya: Do you know Gıyasettin Mert?

Ayşe Müzeyyen Yurtoğlu: I do not know him. But I used to see him at the hospital. We had a head nurse named Şiyar; he would come to see him. 

Prosecutor Kadir Koçakaya: Were babies brought to your hospital in exchange for money?

Ayşe Müzeyyen: No.

“I PAID A MAXIMUM OF 90 THOUSAND TL”

Prosecutor Kadir Koçakaya: On what basis did Fırat Sarı issue the invoices, and how did he determine the amounts?

Ayşe Müzeyyen Yurtoğlu: Whatever they earned at night. There are set amounts for these, they are tallied up. The most I have paid is 90,000 TL.

Prosecutor:Is the newborn unit 10 beds, and are they all Level 3?

Ayşe Müzeyyen: Yes.

Prosecutor Kadir Koçakaya: Why did you feel the need for consultation?

Ayşe Müzeyyen: No one wanted to come at night. 

My doctor would say, 'I have worked for 24 years, I do not want to be called at night.' 

Before the defense, Ayşe Müzeyyen Yurtoğlu's lawyer submitted her medical report to the court panel, stating, 'There are medications she is required to take.'

"THAT IS WHAT THEY TOLD ME"

Prosecutor: On what basis were you paying the chief physician's salary? Was it fixed or variable?

Ayşe Müzeyyen: Fixed.

Prosecutor: Batuhan said, 'When we sat with our legs crossed, they would watch from the camera and intervene.' Did that happen?

Ayşe Müzeyyen: No, prosecutor, it did not happen.

Prosecutor: There is a Doctor Hilda. You stated that she came and examined baby Kaya.

Ayşe Müzeyyen: That is what I was told, so that is what I said. But I did not see it myself.

Prosecutor: You said in your police statement that you saw it.

Ayşe Müzeyyen: That is what I was told.

Prosecutor:Who said it?

Ayşe Müzeyyen: I don't remember who said it.

Defense attorney Batuhan Çetin requested that the bank accounts be examined.

Day 9 of the Newborn Gang trial has concluded.

To date, a total of 40 defendants have been tried, 22 of whom are in detention and 18 of whom are not. There are 7 defendants remaining who are being tried without detention.

The hearing will resume tomorrow at 09:30.