Day 4 of the Newborn Gang trial concludes: 'They silenced me'

Nagihan YILKIN      12punto.com.tr 

The 4th day of the "Newborn Gang" trial, in which a total of 47 defendants, 22 of whom are in custody, are being tried, has begun.

The 3rd day of the hearing, held yesterday, continued at the Bakırköy 22nd High Criminal Court. In the case where a total of 47 defendants are being tried, the testimonies of 13 defendants have been completed.

The 47 defendants, 22 of whom are in custody, are accused of acting in concert with individuals working at the 112 Emergency Call Center to refer emergency infant patients to neonatal units of private hospitals they had pre-arranged, thereby causing their deaths. They continue to face the judge on charges including "establishing an organization for the purpose of committing crimes," "being a member of and assisting an established organization," "fraud to the detriment of a public institution," "forgery," "causing death by negligence," and other offenses.

WHOSE TESTIMONIES WERE TAKEN?

The names and professions of the defendants whose defenses were taken within three days are as follows:  

 

1. Hakan Doğukan Taşçı - Nurse  

2. Hasan Basri Gök - Nurse  

3. Deniz Korkmaz - Nurse  

4. Hüseyin Günerhan - Nurse  

5. Hüseyin Gündüz - Ambulance Driver  

6. Cansu Akyıldırım - Nurse  

7. Çağla Durmuş - Nurse  

8. Damla Atak - Nurse  

9. Rıza Keykubad - Doctor  

10. Emine Avcı - Administrator  

11. Mehtap Sayar - Nurse  

12. Fehmi Alperen - 112 Emergency Service Employee  

13. Mehmet Halis Başli - Nurse 

12punto Reporter Nagihan Yılkın reports from the courthouse...

Here is what happened minute by minute...

The court panel has taken its place, and the defendants have been brought in. After the roll call of defendants and defense attorneys, the defenses will begin. Fırat Sarı is wearing a green plaid shirt today.

 

Defendant Funda Özen was brought to the stand.

She is presenting her defense:

I am 24 years old and a university graduate.

I started working at Reyap Hospital in 2020. I started as a doctor's assistant, then moved to patient registration, and then to medical accounting and billing. Later, I did billing for other departments and finally for the intensive care unit.

I do not accept the allegations of a criminal organization. I only receive a salary from the hospital to support my family; I have no extra income.

Presiding Judge: What did you do in medical accounting?

Funda Özen: SGK (Social Security Institution) billings.

 

"YOU'RE LUCKY AGAIN"

Presiding Judge: Asking about her conversation with Hasan Basri: 'I had changed their dates, you're lucky again,' you say, what is this?

Funda Özen: Not that I changed them, but I had them changed. Even if there is a glitch in the system, epicrises are recorded. We do not have the authority to access the epicrises.

The Presiding Judge continues to ask about the wiretaps, but the voices are not very audible.

 

"WE WRITE IT INTO THE PUSULA SYSTEM"

Cross-examination has begun.

Judge: You upload it to the system after the entire bill is finished, right?

Funda Özen: Yes.

Judge: Is it prepared in a different system before being uploaded to Medula? I am reading from your statement. What is the Pusula system?

Funda Özen: It is a software program used in the hospital. We start by doing it in the Pusula system.

Judge: Don't you have the authority to make changes to the epicrises that come to you from the Pusula system?

Funda Özen: No.

 

"ONLY FIRAT SARI'S EPICRISES WERE BEING CORRECTED"

Prosecutor: You don't just do the billing for newborns. Do you examine the epicrises coming from other departments in the same way?

Funda Özen: I was checking them in the same way.

Prosecutor: What do you do when you see a deficiency?

Funda Özen: I convey it to the secretary or the doctor.

Prosecutor: Who is the secretary?

Funda Özen: The doctor's assistant.

Prosecutor: Hasan Basri doesn't work at your hospital, why are you calling Hasan Basri?

Funda Özen: When the doctor was very busy, we would contact the assistant. They had introduced him as the assistant.

Prosecutor: Were only Dr. Fırat Sarı's epicrises being corrected for newborns?

Funda Özen: Yes, only Fırat Sarı.

Defendant's lawyer: There is no wiretap record indicating that my client committed any crime. There is also no wiretapping order regarding my client. All these wiretaps are unlawful.

Funda Özen returned to her seat. Defendant Renas Kılıç was brought in.

 

"HE WANTED SOMEONE WHO WOULD PROVIDE VOTES"

Defendant Renas Kılıç, who works at the Esenyurt Municipality Health Affairs Directorate: 

I started as a worker at Esenyurt Municipality in 2017. Before that, I was working at Reyap Hospital in 2015. After I started at Esenyurt, I didn't work at all for 7-8 months.

Because it was hard to make ends meet, I started part-time and worked at Reyap until 2021. 

Kemal Deniz Bozkurt said, 'Let me hire you as a contract employee. People love you very much.' I worked in home health services later. I accepted the president's offer. The president had a request from me. He wanted someone who would provide votes from mukhtars, associations, and private hospitals. He assigned me.

Presiding Judge: When did you start at the municipality?

Renas Kılıç: I started in November 2021.

Presiding Judge: Did you work for Reyap during the time you worked at Esenyurt Municipality?

Renas Kılıç: No. It's like this, the goal is to provide good service. Özgür Bey said, 'Can you support us when we need a physician?' And I was looking for a physician.

Presiding Judge: Who is the Özgür you mentioned?

Renas Kılıç: The hospital manager.

 

"FIRAT SARI TOOK GREAT CARE OF MY CHILD"

Presiding Judge: Do you know Fırat Sarı?

Renas Kılıç: After I started in 2017. My child was born prematurely, I said I would take care of it. At that time, he took great care of my child.

Presiding Judge: You asked something like 'Did they call you from Yeni Hayat today?'

Renas Kılıç: Yes. They had called me from Yeni Hayat, and I asked him about it.

Presiding Judge: Is your job to follow Fırat's patients?

Renas Kılıç: They couldn't reach Fırat Bey, so they called me. I didn't do anything that would put the baby in a difficult situation.

Presiding Judge: What is the money that comes to you from the Medicence company?

Renas Kılıç: I sent it to Fırat Bey. His wife knows too. We don't have a money exchange.

 

"I WAS DIRECTING CITIZENS WHO COULD NOT AFFORD IT"

Presiding Judge: Is your duty to send patients to hospitals?

Renas Kılıç: If a request comes from the baby's relatives, from mukhtars, from district heads, we send them. Citizens cannot afford it, they need things. I direct citizens who ask for support from the municipality.

 

"THE CHIEF PHYSICIAN WAS MY IDOL"

The presiding judge asked about another wiretap.

Renas Kılıç: I was close with the chief physician who served at Esenyurt State Hospital. He was my idol. I also wanted to make a name for myself in the municipality.

 

"MY WIFE WORKS AT 112"

Presiding Judge: Fırat Sarı says 'The patient count is low,' you say 'How are you not full, come on, leave it.' He says 'I have 3-4 empty spots.' What is this?

Renas Kılıç: He asked why you sent it to Esencan. I send the baby to whichever hospital the family wants.

Presiding Judge: What does your wife do?

Renas Kılıç: She works at Hasdal 112 Emergency.

 

"MY GOAL WAS TO BECOME THE MAYOR OF ESENYURT"

Presiding Judge: Is there anything else you want to say?

Renas Kılıç: They attempted a lynching regardless of the presumption of innocence due to the news on social media.

We were left in the rubble in both earthquakes. I took part in both earthquakes. It shouldn't be this easy to play with a person's life. I am not accused of killing a baby. I am accused of public damage.

I had a goal at Esenyurt Municipality. It was to become the mayor. I believe I will get out of here. I am thinking about how I will look people in the face. While those accused of negligent homicide are outside, I am in custody here.

 

"WE SAY THIS IS THE NAME YOU WILL CONTACT"

Judge: You said, 'Citizens come, we direct them.' What do you mean by this direction, how do you make this transfer?

Renas Kılıç: As soon as the baby is born, they have a request. Diapers, baby bottles, or something else. We give it as a newborn package. We say you can reach us when you need something else. A medical center cannot be a transfer unit. They call 112. They take them to the hospital.

Judge: How did you do the directing to Reyap?

Renas Kılıç: We tell the baby's family that this is the name you will contact at this hospital.

Judge: Which doctor's name were you giving?

Renas Kılıç: There are 3 doctors.

Judge: So you weren't giving Fırat Sarı's name, right?

Renas Kılıç: No, I wasn't. I was saying pediatrician. I don't take orders from Fırat, I take them from the mayor.

 

"I AM RECEIVING TWO-THIRDS OF MY SALARY FROM THE MUNICIPALITY"

 

Prosecutor: Is there any administrative action against you at the municipality regarding this matter?

Renas Kılıç: There is no dismissal.

Prosecutor: Are you receiving a salary from the municipality?

Renas Kılıç: I am currently receiving two-thirds of my salary.

Prosecutor: Is there no disciplinary investigation?

Renas Kılıç: There is nothing conveyed to me.

 

Lawyer: Did you receive any money from Fırat Sarı?

Renas Kılıç: I never received any from Fırat Bey and Fehmi Bey.

 

Lawyer: Did you receive money from the SGK?

 

Renas Kılıç: How can I receive money? Am I a company? I am very curious about what the SGK lawyers will come up with for me here.

Renas Kılıç's lawyer: 13 defendants testified.

None of them have used a single thing against my client. My client has also stated here that there is no interest relationship. They have a social communication. I request his release.

 

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

The break in the Newborn Gang trial has ended.

The court panel has taken its place. The defendants are being brought in.

 

Serdar Yüksel, who is being tried with a request for up to 14 years in prison on charges of 'being a member of an organization established for the purpose of committing crimes' and 'fraud to the detriment of public institutions and organizations,' was brought to the defendant's stand.

 

"I WISH I HADN'T BORROWED"

Defendant Serdar Yüksel:

I am 51 years old and have 3 children. I have been in custody for 7 months. During this time, my wife is not working. My family is providing for my children's livelihood. I accept the vast majority of the statements I gave to law enforcement.

I misled regarding the money, I acted in a panic, I based my accusation on a debt relationship. But I wish I hadn't taken it.

I am not a member of an organization. I have nothing to do with the organization.

Serdar Yüksel's speech is unintelligible because he is blowing into the microphone.

The Presiding Judge also warned him.

"The sound is muffled, I am having difficulty understanding."

This time, his voice is not heard by the audience because he moved away from the microphone.

 

"I RECEIVED MONEY FROM MERT AND FIRAT BEY"

Presiding Judge: Do you know Gıyasettin Mert Özdemir?

Serdar Yüksel: Yes, I met him face-to-face 2-3 times. I also met İlker Bey at Vatan.

Presiding Judge: You say you received money, who did you receive the money from?

Serdar Yüksel: I received it from Mert Özdemir and Fırat Bey.

 

"HOW MANY TIMES DID YOU RECEIVE MONEY"

Presiding Judge: You said you received money from Gıyasettin Mert, how many times was it?

Serdar Yüksel: I don't remember, but 10-12 times... It is in the nature of a thank you from the patients, it is not for every patient.

Presiding Judge: Do the patients come from the 112 system?

Serdar Yüksel: Yes, all of them.

 

"THEY WANT TO FILL THE INTENSIVE CARE UNITS"

Presiding Judge: Asking about the wiretap of İlker and Fırat Sarı regarding Serdar Yüksel.

İlker asks, 'Is there any word from Serdar,' and Fırat Sarı says, 'I will tell Serdar that our patients are low these days.'

Serdar Yüksel: I know they want to fill the intensive care units. Naturally, already... (voice is unintelligible)

 

THANK YOU FEE

Presiding Judge: İlker asks about something like an email, it could also be evaluated as an IBAN. What is this?

Serdar Yüksel: They were going to pay a fee in the nature of a thank you.

 

THE PRESIDING JUDGE INTERVENED WHILE HE WAS EXPLAINING ÇAM SAKURA

While Serdar Yüksel was explaining something about ÇAM SAKURA CITY HOSPITAL, the Presiding Judge closed the subject.

Presiding Judge: If you answer the questions I ask...

 

"I PANICKED WHILE TESTIFYING"

The Presiding Judge asks about a wiretap of Gıyasettin: 'If I say to Serdar, I'll give you 5 thousand per patient...'

Serdar Yüksel: I never saw these, I never heard them.

Presiding Judge: Other things are also mentioned about giving money per patient to Serdar.

Did you receive money per patient?

Serdar Yüksel: No, I didn't.

Presiding Judge: You also used your right to remain silent in your statement to the police.

Serdar Yüksel: Yes, I panicked.

Presiding Judge: Do you have a debt relationship with Gıyasettin Mert?

Serdar Yüksel: No.

Presiding Judge: Did you ask for it, or did he send it to you?

Serdar Yüksel: I never had such a request.

Presiding Judge: Did you work as part of the business?

Serdar Yüksel: I don't know what the business is.

Presiding Judge: Have you looked at the indictment, how many days has it been, don't you understand what it means when it's called a business?

 

"112 KNEW ABOUT IT"

Judge: Who calls you from 112?

Serdar Yüksel: The 112 employee at that moment.

Prosecutor: Did 112 know about your referrals to the hospital?

Serdar Yüksel: Yes, absolutely.

 

CONTRADICTORY STATEMENTS IN CROSS-EXAMINATION

Prosecutor: You said you met with Mert, İlker, and Fırat once, here you said many times, which one is true?

Serdar Yüksel: I met more than once. I don't think I said it wrong. My current statement is correct.

Prosecutor: Did you lend money because it was Mert's wedding?

Serdar Yüksel: I lent money.

Prosecutor: Why did you lend money?

Serdar Yüksel: Sorry, I didn't lend money.

Prosecutor: Let me say it again from the indictment... You said you lent money.

Serdar Yüksel: Correct. I lent it.

Prosecutor: You said you didn't lend it just now.

 

THE DEFENDANT ALSO LISTED STATE HOSPITALS

SGK lawyer: Which hospitals do you refer patients coming from out of town to?

Serdar Yüksel: Marmara Training and Research, Siyami Ersek, Ümraniye Training and Research.

Lawyer: Which are the private hospitals?

Serdar Yüksel: Huzur Hospital, Medicalpark hospitals,

The hospitals where Mert Özdemir worked; Avcılar, Medilife, there was one more hospital but...

 

ONLY 1 IN 5 PATIENTS ARE NEWBORNS

Lawyer: Did the hospitals you recommended consist only of newborn patients, were there other patients too?

Serdar Yüksel: 1 in 5 is a newborn.

 

THERE WERE ALSO STATE HOSPITALS

Lawyer: Were they only private hospitals,

were there also state-owned hospitals?

Serdar Yüksel: There were.

Lawyer: Were there hospitals other than those Fırat Sarı had an agreement with?

Serdar Yüksel: Of course.

Lawyer: What does the SGK pay... (not fully understood)

Whatever it gives to the state, it gives the same to the private.

 

"THERE ARE ALSO STATE HOSPITALS"

Defendant Serdar Yüksel, responsible for hospital referrals outside and inside Istanbul, is making striking statements. What he says is of a nature to reveal that the situation is even bigger than thought, but it is very difficult to understand. Especially what he says about state hospitals is remarkable.

 

"THE DEFENDANT SAYS I AM A HOSPITAL ADMINISTRATOR"

Gıyasettin's lawyer asked a question about 112.

Presiding Judge: Isn't Gıyasettin the 112 driver, I wish you had asked him. The defendant says I am a hospital administrator.

 

"LET 112 LAWYERS EXPLAIN"

Lawyer: A patient brought from out of town is going to be taken to Bakırköy Dr. Sadi Konuk Training and Research Hospital, but is taken to, for example, Beylikdüzü State Hospital. How does this happen? 112 lawyers are also here, let them explain.

112 lawyers did not take the floor.

After defendant Serdar Yüksel, Sümeyye Nur Arslan was brought in.

 

"I WORKED AS FIRAT BEY'S ASSISTANT"

Sümeyye Nur Arslan is presenting her defense:

I only served as Fırat Sarı's assistant. Other than that, I don't think I served the organization.

Fırat Sarı wanted me to enter Reyap Hospital as a responsible nurse. I didn't know about the business.

Did you work in 2021-2022-2023?

Sümeyye Nur Arslan: Yes.

Presiding Judge: When did you work as his assistant?

Sümeyye Nur Arslan: 2022-2023, during my notice period, I also did the work Fırat Bey said. I didn't use his stamp or anything.

 

"FIRAT SARI ALSO WANTED TO DO HOME CARE WORK"

Sümeyye Nur Arslan: Fırat Bey has his own financial advisor. It is also recorded in my phone. I have his power of attorney.

There is a department like home care services.

Fırat Bey said he wanted to open something like this himself. For paperwork, power of attorney was needed for Medicence's home care operations. That's why he gave me power of attorney. I did this power of attorney only for home care work. Later, he said home care work wouldn't be possible. I also used his power of attorney for car buying and selling transactions.

 

"THEY COULDN'T EXPLAIN THE MOTIVATION MONEY CORRECTLY"

Sümeyye Nur Arslan: Fırat Sarı would tell me who to send what to.

Presiding Judge: Were you following the Medicence operations?

Sümeyye Nur Arslan: I didn't do any operations on behalf of Medicence. I only sent the amounts he said. The power of attorney transactions I did are the transactions I mentioned.

Presiding Judge: What is the money coming from Medicence?

Sümeyye Nur Arslan: It was when I was working at Doğa Hospital.

No one could explain the motivation fee properly. Hospitals always operate in a way of little money, much work. You have to look after 3 patients, but you look after 5 people. You say, let me go to a bigger hospital, for example, Acıbadem, and look after 2 patients. Fırat Bey pays you so that you don't leave.

Defendant Sümeyye Nur Arslan explains the epicrisis entry...

You write the baby's weight, their antibiotics, and the day the baby stayed.

You do these operations day by day. The system adds it itself.

 

Presiding Judge: Fırat Sarı says, 'He ate our bread, I won't forgive him.' What is this?

Sümeyye Nur Arslan: He is talking about Mert here. When I started, Fırat Bey was saying he wouldn't meet with Fehmi and Mert.

 

"FIRAT SARI WOULD NEVER FULLY REPAY THE DEBT HE TOOK"

Presiding Judge: What is the money exchange?

Sümeyye Nur Arslan: Fırat Bey would never return the money he took.

If he took 5 from you, he would never give 5 back to you.

During the process I worked at Reyap, they were also giving it to experienced nurses under me.

Presiding Judge: What do you say about the GMZ company?

Sümeyye Nur Arslan: I didn't know he would do such things from my own account. Deniz Korkmaz knew about the company. The power of attorney for the GMZ company was also with Hasan Basri.

Deniz Korkmaz was a person who was constantly with Fırat Sarı.

 

"FIRAT SARI WAS ALWAYS BUSY"

Fırat Sarı's assistant Sümeyye Nur Arslan:

"Even though I was an assistant, I was very hard to reach. His phone was always busy. He himself had already told those who wanted to reach him to call me. Before me, they were calling Hasan too."

Presiding Judge asks about her conversation with Cansu Akyıldırım (the nurse Fırat Sarı had a relationship with).

Defendant Sümeyye Nur Arslan: Cansu sees mistakes while checking. It was about Murat Mantuç.

Since Fırat Bey is busy, he sends me. I say to Cansu, what's wrong. At least send a photo, I'll ask Fırat Hoca, I say.

I'm already afraid of Murat Mantuç because he is a difficult man (she says laughing).

 

"DAILY EPICRISIS WAS NOT WRITTEN"

Presiding Judge: Now there is an allegation that epicrisis information is not written correctly, step changes are made, and information is not written daily but added after 30 days. Is this in accordance with the procedure?

Defendant: I have never seen it written daily anywhere, I really haven't. There were times when it was written for 3 days, 4 days. In this system, it was written after the patient was discharged. The epicrisis that comes out is already a template epicrisis. Since we don't have the situation to see the patient, we have no information about the content.

 

"THE AGREEMENTS WERE OFFICIAL"

Sümeyye Nur Arslan: I asked Fırat Hoca if these money matters were official.

Because I saw the files in the thing related to the company. I saw that it was stamped and signed. I didn't see that there was nothing official about Fırat Hoca's business.

Presiding Judge: Which hospitals were there agreements with?

Sümeyye Nur Arslan: Avcılar Hospital, Bağcılar Medilife, Birinci Hospital, TRG Hospital, I don't remember now...

 

"I BROUGHT MY OWN NEPHEW TO FIRAT SARI"

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

Sümeyye Nur Arslan: I thought of the things Fırat Bey told me as my duty. When you work as someone's assistant, we did whatever he said.

I want to say something about the patients.

I am saying this because of the things that came out in the news, I always made sacrifices myself. They don't know what pressures those nurses work under. Despite such low wages, they make sacrifices.

I had my own twin nephews.

One of them was a very serious heart patient. He was born at Çam Sakura. He was referred to another hospital. Since the condition of one of them was serious, I brought him to Reyap Hospital to Fırat Hoca so that at least we could save the other. If I saw something like that about the patients, I wouldn't take my own nephew.

 

"THE FAMILIES OF THE BABIES I LOOKED AFTER GAVE ME JEWELRY"

Fırat Sarı's assistant Sümeyye Nur Arslan: I do not accept these crimes. I saw the babies as a trust. I got married during the judicial control process. The families of the babies I looked after came to me and gave me jewelry.

Prosecutor: There is the Halime baby incident. Fırat Sarı says, 'You don't do anything, I'll handle it.' Did you go to Çorlu?

Sümeyye Nur Arslan: I don't know, I didn't go to that hospital.

Defendant's counsel: Sümeyyes might be getting confused.

Prosecutor: No.

Sümeyye Nur Arslan: I went to that hospital, but I didn't go to the hospital regarding that baby.

Prosecutor: On what date did you go?

Defendant's counsel: There is nothing about this in the file.

Prosecutor: The defendant said she went herself.

Sümeyye Nur Arslan: I had gone much earlier. Before I became an assistant.

"FIRAT SARI HAS AN INCOME OF 400 THOUSAND TL, WHY DID YOU LEND MONEY?"

 

"HE OWES ME 150 THOUSAND TL"

Prosecutor: Fırat Sarı says, "I have an income of 400 thousand TL." Well, despite having such an income, why does he ask you for money?

Sümeyye Nur Arslan: I hadn't lent money when I was an assistant. But afterwards, I gave not only that 20 thousand TL, but even more. In front of everyone, he would say, "You have money, give it." He would take whatever, 1-3-5.

Prosecutor: You say Fırat Sarı has two companies and a lot of businesses. Then why does he borrow small amounts from you?

Sümeyye Nur Arslan: We were questioning this too, but since we worked together, a sincerity was forming. It was a momentary thing. I never thought he needed it anyway.

Sümeyye Nur Arslan: He is currently in custody. But he still owes me 150 thousand TL.

I also know he took gold from Mehtap.

 

MINISTRY OF HEALTH REPRESENTATIVE: HOW WERE THE FILES TAKEN OUT?

Ministry of Health lawyer: It is forbidden to share patient files and digital health data with 3rd parties outside the patient.

Who took these files out of the hospital, for what purpose?

Objection was made.

The presiding judge decided to ask.

Sümeyye Nur Arslan: Because I saw that he had a stamp, I didn't know it was forbidden, that it was a crime. I didn't know it was forbidden to be brought to Fırat Bey.

Objection was made: There is no crime in the file regarding the KVKK (Personal Data Protection Law) regarding the removal of the files, so we object.

The Presiding Judge decided not to ask the question.

“FIRAT SARI HAS AN INCOME OF 400 THOUSAND TL, WHY DID YOU LEND MONEY?”

“HE OWES ME 150 THOUSAND TL”

Prosecutor: Fırat Sarı says, “I have an income of 400 thousand TL.” Well, despite having such an income, why does he ask you for money?

Sümeyye Nur Arslan: I hadn't lent money when I was an assistant. But afterwards, I gave not only that 20 thousand TL, but even more. In front of everyone, he would say, “You have money, give it.” He would take whatever, 1-3-5.

Prosecutor: You say Fırat Sarı has two companies and a lot of businesses. Then why does he borrow small amounts from you?

Sümeyye Nur Arslan: We were questioning this too, but since we worked together, a sincerity was forming. It was a momentary thing. I never thought he needed it anyway.

Sümeyye Nur Arslan: He is currently in custody. But he still owes me 150 thousand TL.

I also know he took gold from Mehtap.

A 20-minute break was given in the Newborn Gang trial. After the break, Tuğçe Toptemel will be brought to the defendant's stand.

Custody nurse Tuğçe Toptemel, who caused the threatening of the prosecutor Yavuz Engin who conducted the investigation, was brought to the stand.

“HE WOULD INTRODUCE HIMSELF AS A DOCTOR”

Defendant Tuğçe Toptemel: 

First of all, I offer my condolences to those who lost their relatives.

I have been working as a night shift supervisor for 1 and a half years.

We didn't have a night doctor.

Hakan Doğukan Taşçı would introduce himself as a doctor. Families would ask 'why isn't there a doctor,' they would always ask us as nurses. We would also be in an embarrassing situation.

“I SAID I COULDN'T FEEL THE BABY'S HEART”

Defendant Tuğçe Toptemel: Explaining the process she experienced regarding the Opera baby.

On the day the incident happened, my working hours were until 8 in the evening. The monitor beeped, I saw that his heart was slowing down. During this time, nurse Gizem was also with me. Narcotic drugs had been given, these drugs are drugs that make the baby drowsy. It was prepared by the day nurses. I called Hakan Doğukan Taşçı, he asked me for a video of the baby. I also sent his video and the monitor's image. I said I can't feel his heart.

He said I couldn't feel his heart because he was a 6-month-old baby. I said, wouldn't it be the opposite? He said no, it beats slower.

“I SAID A 6-MONTH-OLD BABY SHOULDN'T BE IN THE NEWBORN UNIT”

Defendant Tuğçe Toptemel: 

I performed 3 heart massages on the baby.

I checked the baby's pulse. On the one hand, I tried to take blood gas.

The reason I took blood gas is because I had a paper in my hand that the baby's condition was bad. But I couldn't take blood gas.

I said many times that I can't feel the baby's heart, I can't hear it.

I said that a 6-month-old baby shouldn't be in the newborn unit. They told me that Hakan Doğukan Taşçı and Fırat Sarı brought him, so I couldn't say anything.

“YOU KILLED THE BABY, THEY SAID”

Presiding Judge: How did the baby come to you?

Tuğçe Toptemel: He came from Beylikdüzü Medilife Hospital around 4 in the afternoon. No information was given to us. The doctor and nurses didn't share information.

Presiding Judge: In the wiretaps, it is mentioned that Doğukan said, "Don't let them notice how the baby died."

Defendant: I do not accept this statement. The statements like "She noticed the baby's death late" are lies. If this were true, other intubated patients would also lose their lives. The monitor was measuring incorrectly.

I am handing over the baby alive. 2 hours later they call me and say "You killed the baby." I had said that I called them many times.

Presiding Judge: When did the baby's condition worsen?

Tuğçe Toptemel: It worsened at 07.45. I couldn't hear his heart. When I was sure, I called Hakan Doğukan Taşçı. He was telling me, "The baby is 6 months old, you can't feel his heart."

Presiding Judge: What do you say about the epicrisis?

Tuğçe Toptemel: I never wrote it, I don't know how it's written either. Epicrisis is written by the doctor.

“I WISH I HADN'T TAKEN IT, THEY WEREN'T BIG MONEY ANYWAY”

Presiding Judge: Was it a company hospital?

Defendant: Yes.

Presiding Judge: Are you working for the company?

Defendant: My salary is deposited from the hospital. I receive 25 thousand liras. I work with insurance. Fırat would give it to Doğukan. Doğukan would give a thousand - 1500 thousand liras. If I had known there was such a thing, I wouldn't have taken it, they weren't very big money anyway. I have no cooperation, I am already.

Presiding Judge: Is it money coming from the business?

Defendant: Yes.

Presiding Judge: Wasn't there a doctor in the hospital?

Defendant: There was no doctor at night.

Presiding Judge: Was the hospital left to the nurses at night?

Defendant: There was no doctor in the newborn unit.

During Cansu's period, we always communicated with Fırat Hoca.

Presiding Judge: I am asking about the Hakan Doğukan period.

Defendant: During Doğukan's period, we always acted according to his instructions.

Presiding Judge: Wasn't there a doctor in the hospital?

Defendant: There was no doctor at night.

Presiding Judge: Was the hospital left to the nurses at night?

Defendant: There was no doctor in the newborn unit.

During Cansu's period, we always communicated with Fırat Hoca.

Presiding Judge: I am asking about the Hakan Doğukan period.

Defendant: During Doğukan's period, we always acted according to his instructions.

“IF HE SAYS KILL, WILL YOU KILL?”

Prosecutor: Why do you introduce Hakan Doğukan as a doctor to the family?

Defendant: We were working by following instructions as nurses.

Prosecutor: It is a general principle. Not to do something that is a crime. If he says kill the child, will you kill, an instruction has a limit. You shouldn't do this, you should know it's a crime.

Defendant: I said I didn't follow every instruction. Even though he said don't intervene, I intervened.

“THE MATERIAL WAS ALWAYS MISSING”

Defendant: When the baby's condition worsened, I connected him to 2 monitors, but one of them didn't have probes.

Prosecutor: Was there a lack of material?

Defendant: Yes.

Prosecutor: Did the hospital management know about all of these?

Defendant: I don't know, I know that if they knew, they would have put a night doctor.

Prosecutor: No doctor at night, no material. These are serious problems. As a 10-year nurse, didn't you take it seriously and care? Didn't you report it to the management?

Defendant: Lack of material was always the case with us. We told this to the responsible nurse. We always communicated with her. We never went to the management.

Prosecutor: So you never had contact regarding this matter?

Defendant: No, I didn't.

“THEY SILENCED ME”

Lawyer: You say I have a clear conscience, didn't you file a criminal complaint after the baby died?

Objection was made to the question.

Presiding Judge: The objection was not accepted.

Tuğçe Toptemel: I didn't file a complaint. We didn't have children, and we never did. This is not a situation dependent on the Opera baby, deaths were unfortunately happening. But since the Opera baby was 6 months old, this was a death we didn't expect. Because there was no doctor, they silenced me, I had to be silent.

“DIDN'T THE HOSPITAL KNOW”

SGK lawyer: Doesn't the hospital management say there is no doctor here at all? Doesn't this hospital know?

Defendant: I have no information about the management. They know. But if they knew, they would have brought a doctor, I guess.

SGK lawyer: Didn't you ever report it to the management?

Defendant: Reporting to the management is not my duty, sir.

SGK lawyer: If you had reported it, maybe another doctor would have intervened.

Defendant: I am a 10-year newborn nurse. I have never seen another doctor come and intervene in a newborn.

THE STAMP OF THE DOCTOR WHO WAS NOT IN THE HOSPITAL WAS BEING PRESSED

Defendant Şehmus Çelik's lawyer: Which doctor received the Opera baby?

Defendant: Fırat Sarı told me nurses Fırat Sarı and Doğukan Taşçı, but there was Şehmus Çelik's stamp.

Defendant Çelik's lawyer: Whose stamp is on the patient admission document?

Defendant: I know it's Şehmus Çelik's stamp.

Çelik's lawyer: Do you know, did you hear?

I don't remember, sir, 1 year has passed. Şehmus Çelik's stamp was being pressed.

Other lawyers objected to Şehmuz Çelik's lawyer. It was stated that the defendant came there and exerted pressure through his lawyer.

At that moment, Şehmuz Çelik raised his hand.

Lawyers objected to Çelik's lawyer: He is acting more as an intermediary than a representative.

ARGUMENT BETWEEN LAWYER AND DEFENDANT

Hakan Doğukan Taşçı's lawyer: You say I couldn't take blood gas because the baby was cold and motionless. Well, why don't you tell Hakan Doğukan Taşçı.

Defendant: Because I was intervening at that time. The area was already cold.

Hakan Doğukan Taşçı's lawyer: Why couldn't you take blood gas?

Defendant: The baby was already 6 and a half kilos, not suitable for a newborn.

(Defendant Tuğçe Toptemel got angry. The conversations are proceeding in an argumentative tone)

Hakan Doğukan Taşçı's lawyer: Did you chat with Yaren for 1 and a half hours?

Prosecutor: We object to this question, it enters into direction.

Prosecutor (turning to the defendant): You don't get into polemics either. If you're going to answer, answer, don't get into polemics.

Presiding Judge: We went out of the file, we moved on to medical discussion.

Defendant Hakan Doğukan Taşçı asked defendant Tuğçe Toptemel:

Hakan Doğukan Taşçı: Tuğçe, you say you asked me many times 'Shall I do something for the baby?' However, even though I asked about the patient's condition many times, you told me 'There is nothing.' You say the baby vomited 2 hours after the patient died. Why?

Tuğçe Toptemel: I am saying he might have aspirated, you are saying 'You didn't.' I am just presenting it as an idea here.

The 4th day of the Newborn Gang trial has also ended. The hearing will begin tomorrow at 09.30 with the defense of 112 Emergency Ambulance driver Gıyasettin Mert Özdemir.