Decision to continue detention for 22 defendants in the Newborn Gang case: Trial to resume on Tuesday
The sixth day of the trial for the criminal organization known publicly as the "Newborn Gang," which caused the deaths of infants, has begun. As the alleged ringleaders, doctors Fırat Sarı and İlker Gönen, continue their defense against serious charges, prosecutors are seeking prison sentences of up to 582 years. Fırat Sarı presented his defense in court today. The trial has been adjourned until Tuesday.
Nagihan YILKIN- 12punto.com.tr
In Istanbul, the trial of the "Newborn Gang," a group of 47 defendants accused of transferring emergency infant patients to neonatal units of private hospitals they had pre-arranged agreements with, causing their deaths and generating illicit profits, continues today.
Yesterday's hearing lasted approximately 11 hours. With the completion of İlker Gönen's defense, a total of 21 detained defendants have now provided their statements.
The alleged ringleader of the gang that has shaken Turkey, detained doctor Fırat Sarı, will present his defense today.
WHAT HAPPENED IN THE HEARING YESTERDAY?
During the afternoon session of the hearing held by the Bakırköy 22nd High Criminal Court in the courthouse conference hall, the defense of defendant doctor İlker Gönen, who is alleged to have managed and directed the criminal organization, was heard.
Gönen stated that he met Fırat Sarı through his mentor while working at Kanuni Sultan Süleyman Training and Research Hospital in 2017.
Gönen claimed that his mentor told him Sarı had developed a drug to be used in jaundice treatment and suggested they test the device together, adding that he met with Sarı a few more times but did not speak with him afterward.
Defendant Gönen stated that in 2020, Fırat Sarı called him to mention that he had founded a company called Medisense and needed a consulting doctor, saying, "When I asked what kind of service it provided, he said it acted as an intermediary for finding patients and staff for newborns. Since I had never heard of this, I hung up and did some research. I saw that almost all private hospitals receive services from such external firms for departments like physical therapy, ophthalmology, intensive care, neonatal intensive care, emergency, dermatology, and cardiology."
Explaining that he worked as a consultant for the company in question, Gönen stated that he left the company of his own volition at the end of 2023 and began working at a state hospital.
Gönen argued that he met the defendant Gıyasettin Mert Özdemir, an ambulance driver, through Fırat Sarı, that he knew he referred patients, but that he only learned later that he worked for 112.
Stating that births take place in 26 public hospitals in Istanbul, Gönen said that the incubator ratio in these hospitals remains low compared to the birth rate, and for this reason, the neonatal intensive care units of private hospitals are utilized.
"IF PUBLIC HOSPITALS ARE FULL, A SEARCH FOR SPACE IN PRIVATE HOSPITALS BEGINS"
Regarding the transfer procedures for infants, Gönen said, "In transfer procedures, the doctor emails 112 with the patient's information. The employee who receives the email calls the doctor and asks 3 questions: about the patient's condition, how they will be transported, and what is required. 112 begins searching for a place for the patient. Neonatal intensive care units in public hospitals are 99 percent full. The highest capacity is at Başakşehir Çam and Sakura City Hospital. Six patients are transferred out daily just from that hospital's maternity ward. If public hospitals are full, a search for space in private hospitals begins. This takes about 5-6 hours. The transfer process in public hospitals is not as simple as taking a patient from here and putting them there."
Regarding his conversations with Özdemir about transfers, Gönen argued that there was not a single transfer in these conversations that bypassed the 112 system or was prioritized, that the inspector's 112 report did not detect any abnormality in the transfer percentage, and that while he had provided an opinion stating he spoke about newborn and adult patients, he had actually been looking after newborns since 2010 and had no adult patient consultations.
Gönen stated that he wanted to speak about the 5 patients he is accused of harming in the expert opinion included in the indictment, and said the following:
"Our prosecutor requested an expert opinion. For some reason, the Ministry of Health Inspection Board had the opinion prepared by three newborn specialists working at the same hospital. While obtaining this opinion, wiretap transcripts were sent alongside the documents and information. While I have not had a single word to say for two months, the easiest thing to do has been to read and interpret wiretaps in the media. The reason I am being accused in the Karakoç baby case is that I did not administer a vitamin-containing serum. I am being accused of negligence and intentional homicide for this. The patient went to Çınarcık State Hospital. The baby's abdomen was purple and swollen. There was a rupture in the intestine, and surgery was required. They notified 112. No available place could be found. The baby waited for a transfer for about 18 hours, and their condition worsened. They arrived at Bağcılar Medilife Hospital and were operated on. The patient stayed for 64 days and unfortunately passed away. The nurses called me via video call throughout those 64 days. None of those images are in the wiretaps. The responsible doctor is the one who should prescribe the serum. Fine, you accused me as a consultant physician. Why don't you accuse the official intensive care physician who appears as the official consultant at that hospital?"
Explaining that the police seized all documents following the death of the Karakoç baby, Gönen stated, "They took the baby to the Forensic Medicine Institute morgue. They took samples from the baby and examined them. In July, the Forensic Medicine Specialized Board unanimously stated that the baby's death was due to a ruptured intestine and lung-brain damage caused by premature birth, not malnutrition."
Defendant Gönen, stating that the Kerem Muhammet Tokluoğlu baby was very important to him, said, "I am being accused of not ordering CPR and of performing euthanasia for the first time in the Republic of Turkey on this patient. Those at the bedside intervened for two hours, then they called me and said, 'Doctor, the baby is not responding, we stopped.' I said, 'Show it as 20 more minutes in the file,' but the liar who prepared this expert opinion says, 'If İlker Gönen said show it as 20 minutes, then he didn't have CPR performed.' In the nurse's observation, one hour of CPR is shown in the file. Where is the euthanasia, where is the failure to perform CPR?"
Pointing to the accusations against him, Gönen continued his defense as follows:
"Because of me, 47 people are being accused of baby murder. Who will answer for this? No one can label me a baby killer. They stuck that on my forehead, but they will remove it. After this expert opinion was leaked to the media, no one asked how this opinion was prepared. I am being accused here of child and baby murder. Was anyone able to stand by us? No. Such pressure was created in the media that it was said, 'May he never see the light of day, may he be executed as soon as possible.'"
"THE EXPERT OPINION BUILT OUR GALLOWS, AND THE MEDIA KICKED THE STOOL"
Stating that these were circulated everywhere page by page under the guise of "journalism," Gönen said, "I came here accused of 5 deaths. In the first patient, the Forensic Medicine Institute pushed the truth aside. In one, I was accused of euthanasia; in the second, of seeing a lung rupture and not reporting it; in the third, of not administering adrenaline; and in the fourth, of drawing blood from a corpse. I was accused of murder in four patients. In all of these, they accused me by looking at wiretaps, without referring to information or documents. For two months, I have been counting the minutes to explain this expert opinion to you. I have been accused of things that defy reason and logic. The expert opinion built our gallows, and the media kicked the stool."
Gönen argued that he was not an organization leader, was not part of an organization, and that there was no negligence on his part in the deaths.
Gönen's lawyer, Aydın Mandar, also stated that all defense attorneys for the accused were in a difficult position, saying, "The label of 'baby killer' was initially placed on one person. I had thanked the bar associations, but I am retracting that. They requested to join the case as plaintiffs and then left before waiting for the decision. I am watching with sadness as an indictment is written based on expert opinions while autopsies exist. There is no autopsy in the file accusing them of 10 infant deaths. There is only one autopsy, and even in that one, there is no finding of malnutrition."
DAY 6 BEGINS
The 6th day of the Newborn Gang trial began as the court panel took their seats. The indictment seeks a total sentence of 177 years and 6 months to 582 years and 9 months in prison for defendants Fırat Sarı and İlker Gönen for 10 counts of "intentional killing by omission," "qualified fraud," "establishing an organization for the purpose of committing a crime," and 11 counts of "forgery of official documents."
The defense of the organization's ringleader, Fırat Sarı, has begun:
“I HAVE BEEN LEFT WITH NOTHING”
Presiding Judge: Will you present your defense?
Fırat Sarı: About two months ago, after the prosecutor's threat and the increasing public pressure, my lawyers withdrew. My lawyers were not prepared.
Since the events began, my only goal has been to reveal the material truth. I want to present my defense.
Things not included in the indictment were brought up. After the prosecutor's threat, a situation arose that caused public outrage. I wanted to come here. I no longer have any expectations or hope for life.
Things that don't even fit into my imagination were put forward. I don't have a hair transplant, nor do I have that kind of money.
I borrowed money from Mehtap because Hasan Basri was taking a lot of her money. As for Sümeyye, I borrowed from her because she said, 'He spends too much money.'
I was born in Bingöl in 1975. I entered medical school when I was 17-18 years old. I participated in a demonstration at the university and was imprisoned for membership in an organization. I left the organization and was released from prison four years later. I worked until the FETÖ era. I love society very much and wanted to serve it. However, because I became a target for terrorist organizations, I did not want these things to be heard.
I lost my professional career, and then I lost my human dignity. I continued to live feeling the pain of this. Stripped away, I have become nothing.
I told my lawyers that I did not want a strategy and that I would speak sincerely.
I DID MY MILITARY SERVICE LIKE UĞUR MUMCU
Fırat Sarı: Nothing was as easy as it was portrayed in the media. I did my military service as an 'objectionable infantryman,' just like Uğur Mumcu did.
"PHYSICAL THERAPY CENTERS RECEIVE THE MOST MONEY"
Fırat Sarı: The 112 emergency team is not very well-equipped. I went and spoke with the 112 command center. They were not sufficient.
If a baby is in bad condition, I go myself. That is what they call an irregular transfer.
Reyap Hospital was established. They told me, "Come, work with us." All outpatient clinics are being operated as businesses. Especially the physical therapy departments operate entirely as businesses. They receive the most money from the Social Security Institution (SGK).
Fırat Sarı EXPLAINED THE BUSINESS STRUCTURE
I thought about how I could do this without disrupting my working hours. There are night doctors, but they trust me more. Then I met İlker Gönen. We got along well. The number of businesses increased. We received offers from many hospitals, but I could not accept them. This is how the structure called 'business operation' began. For the private healthcare sector in Istanbul, this is already a common practice.
Because 112 trusted me and could get information from me, they directed their patients to me. I am speaking about that period; I did not pay any of them. But when we took over operations externally, we saw that there were patient recruiters. We made an agreement with Mert.
Let me also explain the operational needs of hospitals. It is difficult to find personnel in places like neonatal units. There are salary issues regarding nurses. When you pay a group of nurses in a hospital more, it disrupts workplace harmony.
I support private hospitals. Good work has been achieved, but ultimately, it is a business. You are dealing with human health; the slightest mistake can reach horrific proportions. They wanted to manage it better.
Service cooperation agreements were being made. Medicines, fixtures, doctors, nurses—everything belonged to the hospital. The hospital's own corporate system continued to operate exactly as it was. The human resources department, the purchasing department... We do not interfere with those units. I only recommend doctors or nurses; if human resources approves, they hire them.
“I DEFEND PRIVATE HOSPITALS”
Fırat Sarı: I would also like to touch upon transfers. This is how I received 112 transfers from medical centers. I did not receive patients by disrupting the 112 transfer chain or by paying bribes. This is impossible. Mr. President, if you were to call 112, you could learn with a single button press how many patients were sent to which hospital. But because 112 takes too long, no one wants 112. Transfers were made with the consent of the family.
There is no question of disrupting 112 transfers. Currently, four newborn transfers are being carried out.
I have many objections to the wiretaps. First of all, two people are talking. I am addressing the public here. Ultimately, I speak cautiously; I do not say everything on my mind; I filter it. Conversations that take place in private life are being presented to the public.
Medical terms have been mistranslated. There were some things that gained momentum, especially after the 90s. On the first day of the hearing, there was an attitude against private healthcare.
Ahmet Saltık was my professor. He used to say, 'Health is a right, it cannot be sold.' But this is not in line with reality. Private hospitals were established and they really did good work. They carried the burden of Istanbul. The private healthcare sector carried the burden not only of Istanbul but also of many Syrian patients. For example, we cannot go to a hospital in England this easily. But here, private healthcare has lightened the burden on people.
“HOW MUCH REACTION WAS SHOWN TO THIS INCIDENT”
Fırat Sarı: As for the deaths, they threw us into the fire with a report. If the Ministry of Health representatives are here, I would like them to look at the period before and after the operation regarding newborn deaths. I thought that deaths would increase after they took us. So, where are we looking?
I haven't watched the news for a month. In the last news I watched, babies in Cyprus had been given 70 percent ethyl alcohol. If the Ministry of Health representatives are here, I ask, 'How much did they follow up on this situation?' Did they question their relationship with the newborn, did they look into that?
Ethyl alcohol is a very serious matter. Of course, the baby will not want the formula. This is equivalent to an adult drinking four bottles of 100-proof rakı in a row. I really don't know how much sensitivity was shown to this incident.
Fırat Sarı EXPLAINS INFANT DEATHS
“The Opera and Kadan babies are babies I did not see. You say the Karakoç baby was born at 3,200 grams, but you ask why it dropped to 2 kilos. Its intestines had ruptured. My association with the Kadan baby is a complete scandal.
I am discussing the baby with İlker; this is a professional discussion. I see the film and I am suspicious of it.
“AN OVERLY AGGRESSIVE INDICTMENT”
Fırat Sarı: There are two claims arising from these conversations: First, it is said, 'This baby was born and died within two hours.' Second, it is said, 'They caused complications because they kept the baby hospitalized for a long time.' But the truth is the seal of the Creator. The seal is the traces, the evidence. A decision was made before examining this evidence. There is an indictment prepared in an overly aggressive manner.
(OPERA BABY) 'MINISTRY OF HEALTH SAID THERE IS NO PEDIATRIC INTENSIVE CARE'
Fırat Sarı: Within the scope of this operation, there are also deficiencies in the hospitals affiliated with us. Every hospital should have had a neonatologist.
Regarding the Opera baby, Raşit called me. They were admitting a six-month-old baby via transfer. The child's follow-up was delayed until the next day. Because there was no pediatric intensive care unit, they admitted the baby to the neonatal unit. 112 was called, but no pediatric intensive care unit could be found for this patient.
An email was sent from the Ministry. There are pediatricians, but no pediatric intensive care unit. They said the doctors there should take care of it. It is a fact that the number of pediatric intensive care units in Istanbul is very low. Dr. Raşit called me and said, '112 is not transferring, the family does not want this place, can you suggest another hospital?' Around 1 o'clock, I called Doğukan and said, 'There is an intubated six-month-old baby. If you think you can take care of it, arrange the transfer.'
I later realized that Doğukan had not informed Mr. Şehmuz. The epicrises were not reviewed. I did not write the order for this patient. I was not called at night because I only sleep for two hours anyway; if the hospitals had called, I would have gone. However, pressure was placed on Doğukan not to be called.
In the report, even the hospital names were mixed up.
'I DO NOT SEE MYSELF AS A HUMAN BEING'
Fırat Sarı: I do not see myself as a human being. Many physicians have been victimized because of this file. Young people are very ruthless. It is not right to publish these things in this way. The word physician comes from the Arabic 'hakim', meaning judge. You know this too. They pass judgment on the patient. Everything regarding the epicrisis belonged to the physician. The physician is being portrayed as someone without agency. The nurses are very confident in themselves; they have self-centered personalities. They are young; perhaps it is the influence of being young, as we all were once.
“THE MINISTRY OF HEALTH SHOULD EXAMINE MY STATISTICS”
Fırat Sarı: The Ministry of Health should examine my statistics. When a social outcry erupted, everyone went on the attack. I have cared for intensive care patients for 15-20 years. My mortality rates are below the threshold. If I were a monster, it would show in the rates. Now, imagine you are a criminal judge and news reports about bribery emerge regarding you. You are still just a suspect in a case. Everyone you judge would be suspicious. It creates public outrage; that is what happened to me. Even if the families of a healthy baby I examined have no issues, they still become suspicious and file complaints. They wonder, 'Did he steal their kidney?' and so on. I am a normal person. A mother admitting her baby to intensive care is a trauma. These things are being triggered. I am not a mother, but I see it.
INTELLIGENCE OFFICER FRIEND: “I MET WITH TWO POLICE OFFICERS FOR 4 HOURS”
Fırat Sarı: I had a friend who was an intelligence officer in Bingöl. He directed two police officers from the Vatan Police Headquarters to me. I met with them for four hours, and I have the phone records.
When I told these things to the Financial Crimes Bureau, everyone looked as if they had seen a ghost.
“I HAD MET WITH THE PROSECUTOR”
Fırat Sarı: What I told those police officers there was this: There is no infant death in this operation, but there is something else. These nurses work for minimum wage and have tried to sell medication for 300 liras."
I had already spoken with the prosecutor. You can ask. I believe he changed his attitude after being threatened.
The CİMER complaint by Deniz Korkmaz, mentioned by Fırat Sarı:
“HE WORE A DENİZ GEZMİŞ PARKA, READ KARL MARX, AND WAS A MAOIST”
Fırat Sarı: Do you know where all the accusations are? They are in the CİMER complaint. The man who made that complaint was someone I saw as my own child. He was working at my hospital. He wore a Deniz Gezmiş parka and was an extreme leftist. He was a Maoist.
He reads Karl Marx. Deniz is an extreme leftist. He was caught at a protest and then summoned to the homeland once more; I don't know why he was summoned. The tone is not Deniz's tone; he is not someone who talks about the homeland and the nation. If he saw it with his own eyes, why was he working with us? He used to say, 'Friends, it will hurt, but I am going to blow up this hospital owner.'
I think Deniz did this as a political act. I knew this nature of his. We used to say, 'Let's keep this kid separate from the organization.'
Fırat Sarı describes a letter he received from his son:
"I received a letter from my son today; he is 15 years old. In his letter, he says, 'I got a phone call and I was scared.' They told him on the phone, 'Your father is a good doctor.'
He was afraid of going to school. They had already been unable to go to school for 15 days.
Presiding Judge: Which hospitals did you have agreements with?
Fırat Sarı: Doğa Hospital was not a full operation, but I worked with them for a period. First, I worked with Baypark Hospital, then Florya Hospital, then Avcılar Hospital, followed by Şafak Hospital in Bağcılar, Güney Hospital, and Duygu Hospital.
Presiding Judge: Do you know these names: Cansu Akyıldırım?
Fırat Sarı: Yes, I know her; she was a charge nurse. Later, she became a head nurse and went to TRG. She worked with me at Reyap Hospital, and then she worked at Birinci Hospital.
Presiding Judge: Ceren Hatice Kırım?
Fırat Sarı: She worked with us. Before Medilife, she worked at A Hospital. At that time, A Hospital was also an operation hospital. Ceren was there, then she moved to Beylikdüzü Medilife Hospital.
Presiding Judge: Esenyurt Reyap Hospital is mentioned in your statement.
Fırat Sarı: Yes, I worked there too.
The presiding judge asks Fırat Sarı:
Presiding Judge: Gıyasettin Mert Özdemir's wife?
Fırat Sarı: We insured her. Now, I don't want to do that to her, I hope she forgives me, but I have to tell the truth; I insured her.
Presiding Judge: Ayşe Müzeyyen Yurtoğlu?
Fırat Sarı: The owner of Güney Hospital.
Presiding Judge: Damla Atak?
Fırat Sarı: I don't recall her very well.
Presiding Judge: Hüseyin Gündüz
Fırat Sarı: I met them here.
The Presiding Judge continues to ask for names
“WE WERE RECEIVING BETWEEN 1-3 PERCENT”
Presiding Judge: Who was managing the accounts of the Medicense company?
Fırat Sarı: There was no such thing as an account; we were working in a disorganized manner. Sometimes we made a loss, sometimes we received between 1 and 3 percent. A nominal amount.
Presiding Judge: How was GMZ established?
Fırat Sarı: We established it with Deniz. I liked Deniz. It was for things like making payments to the doctors.
Presiding Judge: Was Deniz the one handling it?
Fırat Sarı: It was Sümeyye, but I gave the instructions.
Presiding Judge: Who were you in contact with at the hospitals?
Fırat Sarı: I cannot say I only spoke with the owners. We spoke with whoever had authority regarding the company.
Presiding Judge: What was the contract like?
Fırat Sarı: It was not a formal contract; it was based on trust. But we had a printed document. It was about things we would not interfere with, such as the cash register, the accounting office, and hospital operations.
The Presiding Judge asks about his conversation with Renas Kılıç:
Fırat Sarı: I had requested a patient from him.
I may have said that you can refer the patient.
The presiding judge asked about conversations regarding the use of diplomas and failure to attend work shifts.
Fırat Sarı laughed, saying, "It's a joke."
Fırat Sarı: This is a joke. We did not use anyone's diploma. How could such a thing be possible?
“HOSPITAL ADMINISTRATIONS WERE PRESSURING ME”
Fırat Sarı: Hospital administrations were pressuring me to increase the number of patients. They weren't thinking about medical matters; they were telling me to 'find patients,' and that was my situation. I was trying to increase the number of patients.
The presiding judge is asking about his conversation with Gıyasettin. There is a money issue regarding the Serdorava baby; what is that about?
Fırat Sarı: That family was a foreign family, and the baby had respiratory distress. For example, Reyap Hospital was asking for 10,000. Dr. Medeni had said 5,000 lira for admission, but the family had no money on them, so the baby would not be admitted. This is a hospital rule. Birinci Hospital accepted 2,500 lira for admission. I gave 2,500 lira so that the patient could be admitted. I don't know what they did afterward.
Presiding Judge: You said, 'Take 5 thousand from the family.'
Fırat Sarı: I said it so Hasan Basri Gök would take it, not for myself. They misused it.
Presiding Judge: Hasan Basri tells Renginar to lower the steps to 1.
Fırat Sarı: Hasan Basri is not someone whose words are taken very seriously. Renginar is not someone who would do that. She is a very experienced nurse. She is not someone who would do what he says.
Fırat Sarı WARNED THAT AN INSPECTION WAS COMING
Presiding Judge: There is a conversation between you and Damla where you are warning her about an inspection. (I couldn't hear her last name, but it is not Damla Atak)
Fırat Sarı: Damla provides beauty services there; she works as a subcontractor.
Presiding Judge: Why are you warning her? What is there to warn about?
Fırat Sarı: There are very frequent inspections of beauty centers; I wanted to warn them so they wouldn't panic.
Presiding Judge: Asking about your conversations with Hasan Basri and Hakan Doğukan Taşçı. They told Mehtap, 'You are keeping the babies longer on purpose.' They asked, 'Is your conscience clear?'
Fırat Sarı: I don't know.
Presiding Judge: Mehmet Halis says, 'Doctor, these people are idiots.' You reply, 'They are the kings of idiots.'
Fırat Sarı: I think it's Medilife Hospital. They are explaining their problems.
"WE WERE CAUGHT DURING AN INSPECTION"
Fırat Sarı: There were 20 incubators. There were 26 babies. We were caught during an inspection. There were pile-ups like that. It was discussed so that we wouldn't exceed capacity.
"LET THEM BE ON THE SAME PAGE"
Presiding Judge: Hasan Basri says, "It was Fırat Sarı who got us into this business."
Fırat Sarı: He wants to manipulate Mehtap. You can ask, I have no instructions here for Mehtap.
Fırat Sarı: You say, 'Let me call Dursun brother and tell him. Let him be on the same page as Çağla.'
Presiding Judge: Why?
Fırat Sarı: Çağla is very afraid of such things.
Presiding Judge: If there is nothing wrong, she wouldn't say anything anyway.
Fırat Sarı: In our society, people are afraid of the police, you know.
There is no reason to be afraid if there is nothing to hide.
I don't know. There is nothing wrong.
Presiding Judge: Who wrote the epicrises?
Fırat Sarı: Mr. Dursun wrote them.
Presiding Judge: Isn't Dursun Eryılmaz a physician?
Fırat Sarı: Because he couldn't type properly on the keyboard. Because he couldn't fill out the template correctly.
Presiding Judge: Doesn't he have his own nurse? Does that sound logical to you? It's like me asking for a clerk from Çağlayan for my hearing here.
“I WAS HURT, I WAS ANGRY”
Fırat Sarı: I loved Müzeyyen (the hospital owner) very much; they ruined our relationship. They badmouthed me to Müzeyyen. That's why I was hurt and angry at Mert. I overstepped my bounds during that period, and I apologize to everyone.
Defense attorney: The defendant has been standing for a long time, let him sit.
Fırat Sarı: I could drink some water.
Presiding Judge: I will take a break after my questions; it is being recorded.
“I DON’T KNOW WHAT I WAS AIMING FOR”
Presiding Judge: Hakan Doğukan says, ‘I extended the discharges,’ and you say, ‘extend them as much as you can.’
Fırat Sarı: Şehmuz Bey was a tough person. I am softer; no one would make such a proposal to him. I don't even know what I was aiming for.
‘I WILL PULL THE PLUG ON THE SARIKAYA BABY’ TAPE
The Presiding Judge asked about the ‘I will pull the plug’ tape.
Fırat Sarı: It was a baby who had been deprived of oxygen. The baby arrived in poor condition, and we made a significant effort. There is no such thing; no one is pulling anyone's plug, of course. These are just conversations. How would a patient's plug be pulled, and why would it be? I am already being accused of keeping patients hospitalized for too long; why would I kill them?
PROSECUTOR WARNS Fırat Sarı
Fırat Sarı: I wish the wiretaps had not been published.
Don't you talk about absurd things when you are alone, like 'I took someone's head off'?
Prosecutor: Speak without using us as an example.
Fırat Sarı: I apologize.
'HAKAN DOĞUKAN KNEW ABOUT THIS OPERATION, HE HAD INTELLIGENCE'
Fırat Sarı: Hakan Doğukan is a very interesting guy. He was a friend among us who knew our family trees. He was a friend who even knew about this operation. He knew about my crimes. He was reciting my HTS records. He knew all of this information. There was an investigation opened against him by the Bahçelievler Chief Public Prosecutor's Office regarding personal data, and he said, 'I called some people and had it removed.'
It is very interesting that intelligence on every matter is collected by him.
For example, he says, 'They are going to conduct an operation on the organization for Fırat Sarı, let's move to another hospital.'
RECESS CALLED
In the Newborn Gang trial, the presiding judge has finished questioning Fırat Sarı.
A 30-minute recess was called.
The recess in the Newborn Gang trial has ended. The audience has taken their seats. Once the defendants are brought in, the cross-examination of Fırat Sarı will begin.
CROSS-EXAMINATION BEGINS
To the member judge: You said, 'I did not start the operating procedure, it was already there.' Under what circumstances would a hospital be dissatisfied with the operation?
Fırat Sarı: Either there is a problem with the physician, or there are too few patients.
Member Judge: Hospitals were struggling to find physicians and pay salaries. What exactly were your agreements with the hospitals?
Fırat Sarı: Generally, if the management changed, the physician changed as well. It is difficult to find a physician for the neonatal unit. They want to find a head nurse. They ask us for recommendations, but we cannot say anything about that.
Member Judge: Does the physician change too?
Fırat Sarı: Sometimes they change, sometimes they do not.
Member Judge: When you take over the management of a hospital, are the medical obligations the responsibility of the hospital?
Fırat Sarı: Yes, the fixtures are the responsibility of the hospital. If anything is missing, they complete it.
Member Judge: Who calls you?
Fırat Sarı: The hospital manager, the hospital administrator calls.
"I AM A BAD BUSINESS MANAGER"
To the member judge: Does İlker have any authority regarding the agreements you make with hospitals, or do you make the agreements yourself?
Fırat Sarı: I make them.
To the member judge: You said İlker does not come to hospital agreements, but there are templates on the phone.
Fırat Sarı: He took them to examine. We talk to each other. I meet with the authorities. I am a bad business manager when it comes to financial affairs.
"WE MADE AGREEMENTS WITH HOSPITALS BASED ON TURNOVER"
To the member judge: How do your financial agreements work, is it based on monthly turnover?
Fırat Sarı: Yes, based on turnover.
Member judge: What about with İlker?
Fırat Sarı: Based on salary and profit margin.
“I WAS GIVING İLKER 100-150 THOUSAND”
Member judge: How much was the salary you paid to İlker?
Fırat Sarı: The last time, I must have given him either 100 or 150 thousand TL.
Member judge: Were the payments under the name of motivation variable based on turnover?
Fırat Sarı: It was fixed.
Member judge: Did you give money directly to Serdar?
Fırat Sarı: I must have given it after Mert left.
YOU SAID 'I AM IN A RELATIONSHIP WITH THE STATE'
Prosecutor: You said, 'I am in a relationship with the state,' what is that?
Fırat Sarı: I did not say I am in a relationship with the state.
Prosecutor: You did.
Fırat Sarı: I was released under the law for reintegration into society. After I was released from prison, I was meeting with them for a security clearance.
Prosecutor: Does this have anything to do with this trial?
Fırat Sarı: No, but I have been portrayed that way a lot in the public eye.
Prosecutor: You said you were meeting because you were released from prison; was it related to probation?
Fırat Sarı: I was released under the social reintegration law.
Prosecutor: So it has nothing to do with our trial?
Fırat Sarı: Yes.
"EPICRISES WERE APPROPRIATE"
Prosecutor: You understood the forgery incident in the indictment, right? There is an allegation that the epicrises were filled out differently than what was reported to the Social Security Institution (SGK). Was the filling out of the epicrises appropriate?
Fırat Sarı: It was appropriate.
Prosecutor: Did you hear anything outside of your knowledge?
Fırat Sarı: I did not. There are physicians, there is accounting.
Prosecutor: After the inspection, you say, “For a while, we will write the epicrises the same way. I have serious losses, serious.” Will you respond to this conversation?
Fırat Sarı: I do not remember this conversation, but I do not interpret it that way. We are already writing the epicrises appropriately.
WHY HE SPOKE ON WHATSAPP
Prosecutor: You say, let's switch to WhatsApp and talk from there. Did you have these conversations on WhatsApp?
Fırat Sarı: There is no reception at Mehmet Gürül’s house.
Prosecutor: It is not just Mehmet Gürül
Fırat Sarı: They always told me, "You are being wiretapped," but I always spoke normally.
"I HEARD I WAS BEING WIRETAPPED"
Prosecutor: Did you hear that you were being wiretapped?
Fırat Sarı: Doğukan told me.
Prosecutor: On what date?
Fırat Sarı: In January.
Prosecutor: You keep saying, "I was careful," after October.
Fırat Sarı: If I had done that, I wouldn't have spoken at all.
PROSECUTOR: IT DOES NOT MAKE SENSE TO ME
Prosecutor: You say, 'They are pressuring to increase the number of patients.' The people you refer to as patients are newborn intensive care patients, right? This does not make sense to me. If it were an aesthetic operation, I would understand, but what kind of thing is this? Can you explain?
Fırat Sarı: Patients are born in medical centers. We ensure they go to these hospitals, not others.
'ALL HOSPITAL OWNERS WERE AWARE'
Prosecutor: Were the hospital owners aware?
Fırat Sarı: Of course they were.
Prosecutor: Give a clear answer. If you are going to distinguish between hospitals, say so.
Fırat Sarı: They were.
Prosecutor: Is it "there is" or "exists"?
Fırat Sarı: It exists.
Prosecutor: Were they all aware of it?
Fırat Sarı: They were.
PROSECUTOR: I WILL PRESENT MY CLOSING ARGUMENT
Prosecutor: You claim that you were different under the conditions of that day. Why are you trying to establish companies in the names of your employees? You say everything I do is legal.
Fırat Sarı: My goal at GMZ was to make my colleagues who work with us partners and to legalize payments that were not legal.
Prosecutor: I have reviewed the file. I will present my closing argument. You need to answer the things that are on my mind clearly so that I can make a decision accordingly.
Fırat Sarı: We had started with Deniz. We were going to make the others partners there and make it official. I don't remember Sümeyye, but I did not force Deniz.
“I WAS HURT BY DENİZ”
Prosecutor: There is Deniz's statement. Regarding the sale of medication outside the facility...
Fırat Sarı: I did not say such a thing. I was already hurt by this situation.
Prosecutor: Hasan Basri says, "I am in the illegal part." What does he mean by illegal?
Fırat Sarı: Hasan Basri used to have strange ways of speaking. Whatever he meant, it is not true.
IS THERE NEGLIGENCE IN 10 INFANTS?
Prosecutor: Do you not accept any negligence or deficiency regarding the 10 infants? Was everything in accordance with the procedures?
Fırat Sarı: I truly do not know about these cases. We learned about the Kadan baby during a phone conversation.
Prosecutor: They said there was a shortage of supplies and doctors. I am asking from this perspective.
Fırat Sarı: I do not think we were negligent or lacking. I was not involved in most of them; I did not see them, I do not know.
HAKAN DOĞUKAN'S "EMPTY TALK"
Hakan Doğukan Taşçı's lawyer: You said, "Hakan and Hasan were provoking me, they were ruining my relationships with people." Why did you not terminate their employment?
Fırat Sarı: These are the results of my current experiences. I understood after seeing the wiretaps.
Lawyer: Did you think Hasan Basri was talking nonsense while you were working together?
Fırat Sarı: Yes.
Lawyer: But you were employing them as assistants.
Fırat Sarı: Their empty talk does not mean they were not employed as assistants.
Fehmi Alperen’s lawyer: Have you made any payments to the Social Security Institution (SGK) regarding the compensation of public damages?
Fırat Sarı: I have not.
Lawyer: Do you currently operate a beauty center?
Fırat Sarı: My ex-wife had one.
Lawyer: Does Mert have any complaints about you?
Fırat Sarı: He does not, I don't know.
Lawyer: You said you misjudged Hüseyin Günerhan; could you explain that?
Fırat Sarı: I heard rumors about him selling medication; it is related to that.
Lawyer: Is Hüseyin Günerhan involved in the sale of medication, and who else is involved?
Fırat Sarı: Hüseyin Günerhan is not involved.
Hasan Basri, Doğukan, and also Deniz.
“I HAD NO KNOWLEDGE OF BABY KAYA”
Lawyer: Did you have any knowledge of Baby Kaya?
Fırat Sarı: I did not.
Lawyer: Who sent you the video of baby Kaya?
Fırat Sarı: Doğukan.
REPETITIVE QUESTION
Hasan Basri Gök: Why did you work for so long with someone who was not taken seriously?
Lawyer: That is a repetitive question.
Judge: I object, counsel, there is no such thing as a 'perfect question'.
Another lawyer clarified: It is not 'perfect,' your honor, he said 'repetitive'.
(Laughter erupted in the courtroom at that moment)
Presiding Judge: Let me explain for a minute, you made a quick start, I understood perfectly.
"INFANT DEATH COMMISSION"
Hasan Basri's Lawyer: How is the file for an infant death closed at the hospital you operate? Does the time of death change?
Fırat Sarı: There are death forms, we enter them into the system. There is an infant death commission.
Hasan Basri's Lawyer: What is the infant death commission?
Fırat Sarı: It goes to a death commission affiliated with the Ministry of Health.
"HOSPITAL OWNERS WERE AWARE OF THE MONEY GIVEN"
Lawyer: Were you involved in the transfer of baby Ayaz Karaduman?
Fırat Sarı: It did not exist.
Lawyer: Was the money you provided distributed equally among the employees?
Fırat Sarı: It was distributed equally.
Lawyer: Were the hospital owners aware of this?
Fırat Sarı: They were.
PROSECUTOR ASKED ABOUT HOSPITAL OWNERS AGAIN: "AN IMPORTANT MATTER"
Burak Mengü, lawyer for TRG Hospital manager Murat Mantuş, who is the former bodyguard chief of Bahçeli: Who did you speak with regarding TRG Hospital?
Fırat Sarı: With Mr. Murat.
Lawyer Burak Mengü: Did you ever tell the hospital administrators that you would pay bonuses to those working with you for these things? For example: Does Gıyasettin know that you gave him money?
Fırat Sarı: No.
Prosecutor: I am asking again to avoid any contradictions. Regarding the transfer of babies in exchange for money. Were the hospital owners or administrators aware of this? You said 'no' just a moment ago.
Fırat Sarı: I said that regarding Gıyasettin.
Prosecutor: The hospital doesn't know by name, but they know that you were securing hospitals in exchange for money, is that correct? I am asking to avoid any contradiction; this is an important point.
Fırat Sarı: Yes.
“IT WAS NOT A GOOD IDEA”
Lawyer: Why did you consolidate the medications in one center?
Fırat Sarı: There was a risk of theft, so I did it. But it wasn't a good idea anyway.
“ALL HOSPITALS FROM TEKİRDAĞ TO SİLİVRİ”
Lawyer: Which hospitals across Turkey were you operating in, and which ones are you aware of?
Fırat Sarı: Everyone working in the healthcare sector knows this. Everyone knows the hospitals. I did not want to name the hospitals.
All hospitals from Tekirdağ to Silivri. Beykent University, Medicanas... It's not just neonatology. Every hospital has operations for ophthalmology, physical therapy, and so on.
“Every physician receives money from hospital revenue”
Fırat Sarı: Why did I establish a company? They asked me to. Doctors establish companies and issue invoices to the hospitals where they work. Every physician receives money based on hospital revenue.
The lawyer's questioning has concluded. The lawyer for Fırat Sarı, the detained defendant accused of being the leader of the organization, is presenting his defense. The prosecutor listened to part of the defense while standing.
"EVEN IF YOU GO TO VAN, THERE IS AN OPERATING SYSTEM"
Fırat Sarı's lawyer: It is stated that what is being discussed in this case is the main axis of the organization, but we have only heard the part concerning the private healthcare system here. If you go to Van today, the physical therapy unit and the intensive care unit operate with an operating system. A research commission has been established in Parliament on this matter. The Ministry of Health can resolve the reality with measures, but my client has been targeted through the media. My client has been in detention for 7 months. The matter escalated after the prosecutor's threat was announced through the press. The nurses here are young and say, 'We have no future left.' Is there a more serious situation than this? We have mentioned nearly 100 folders. We are opening the indictment to discussion because the court accepted it; otherwise, there is nothing directed at you."
"HE RECEIVES FINANCIAL SUPPORT FROM HIS FAMILY"
Fırat Sarı's lawyer: Mr. Fırat's income is 400,000 TL. But perhaps his expenses are 500,000. How do I know? He receives support from his own family.
The persistent questions asked about the money Mr. Fırat received from others are annoying questions. We are all human; we may not always carry money on us. I also take money from those working in my office. There is nothing more natural than this.
FROM Fırat Sarı'S LAWYER TO THE THREATENED PROSECUTOR: I KNOW WHY YOU DID IT
Fırat Sarı's other lawyer: The question of whether you will make a defense or use your right to remain silent was procedural. 80 million people are accusing us, including us, of being defenders of murderers. The irregular interrogation conducted by the investigation prosecutor continued here as well. This is the first time I have seen someone subjected to such an interrogation. I can also understand why the investigation prosecutor did this. He tried to make irregular procedures legal under the scope of organized crime.
The investigation prosecutor took the file from there on his own behalf and brought it to other places.
A 45-minute break was called in the Newborn Gang trial.
Presiding Judge: The court panel will deliberate.
BREAKING NEWS
The Newborn Gang trial will resume on Tuesday, November 26, 2024, at 10:00 AM.
Non-detained defendants will be heard.
It was decided that the detention of the jailed defendants will continue.