New development in the trial of Chef Somer Sivrioğlu, who faces up to 22.5 years in prison

The trial of 7 defendants, including celebrity chef and presenter Somer Sivrioğlu, continued regarding the collapse of a garden wall on May 20, 2022, in Beşiktaş, which allegedly occurred because he continued to use and allow the use of the wall without performing necessary maintenance and repairs, resulting in one death and one injury.

While the non-detained defendant Somer Sivrioğlu did not attend the hearing held at the Istanbul 32nd High Criminal Court, the lawyers for the parties were present. It was stated that the responsibility lies with the Istanbul Metropolitan Municipality.

In court, an expert report regarding the on-site inspection was presented. The report stated that the wall in question remained on the side of Nispetiye Street, that Nispetiye Street is on the list of main arteries, and that it is known that the responsibility for main arteries lies with the Istanbul Metropolitan Municipality, meaning the wall was located on a main artery under the responsibility of the IMM.

"WHEN WE WENT TO OUR FRIEND, A LARGE STONE HAD FALLEN ON HIS FOREHEAD AND HE HAD DIED"

Testifying as a witness at the hearing, Abdurrazaq Mukhtar Ahmed Abdulgader stated that there were six of them on the day of the incident, saying, "We had a business dinner at a restaurant in Etiler. After we finished our meal, as 6 friends wanted to walk a bit, I was coming from a little behind. The other friend next to my friend who passed away was walking a bit faster in front. We heard a loud noise. A little further from the restaurant, on the right, I heard someone shouting 'Ali'. There was a distance of 20-25 meters between us and the place where the incident occurred. Loud music was playing from the place where the wall collapsed. When we went to our friend, a large stone had fallen on his forehead and he had died," he said.

REQUESTED SENTENCING FOR PROBABLE INTENT

The plaintiff's lawyer, who made a statement at the hearing, said that the expert report stated that the collapsed wall was not built as required and requested that the defendant Sivrioğlu be sentenced for probable intent. It was stated that the wall was under the responsibility of the Istanbul Metropolitan Municipality.

The defendant's lawyer, who made a defense by stating that the collapsed wall was under the responsibility of the Istanbul Metropolitan Municipality, claimed that Sivrioğlu was a 6-month tenant and that the wall was 35 years old, requesting Sivrioğlu's acquittal.

FINAL OPINION TO BE PREPARED

Announcing its interim decision, the court ruled to send the file to the Public Prosecutor for the preparation of the final opinion on the merits and adjourned the hearing.

FROM THE INDICTMENT

In the indictment prepared by the Istanbul Chief Public Prosecutor's Office, it was noted that the suspects Somer Sivrioğlu, Sakine Öçal, Gülay Kula, Sevinç Kula, Mehmet Levent Kula, Kazım Evirgen, and Kadri Berk Cemal continued to use and allow the use of the garden wall without obtaining a permit and without performing maintenance, renovation, repair, or reinforcement work, despite being in a position to foresee that the collapse of the garden wall could cause death or injury to people.

It was stated that the wall would not have collapsed if it had been renovated and repaired.

The indictment, which stated that the wall would not have collapsed if the suspects had carried out the renovation and repair of the wall in accordance with legal regulations, science, and engineering, noted that as a result of the suspects' failure to act with due care and attention, they caused the injury of Baha Eddin Ali Hafez Shanableh and the death of Ahmad Muhammed Salem Lubbad.

In the prepared indictment, it was requested that the suspects Somer Sivrioğlu, Sakine Öçal, Gülay Kula, Sevinç Kula, Mehmet Levent Kula, Kazım Evirgen, and Kadri Berk Cemal be sentenced to prison terms ranging from 2 years and 8 months to 22.5 years each for the crime of 'causing death and injury by conscious negligence'.