Day 3 of the Newborn Gang trial concludes: Striking statements from nurses

Nagihan YILKIN 12punto.com.tr 

The third-day session of the Newborn Gang trial began at the Bakırköy 22nd High Criminal Court. During yesterday's hearing, the detained defendants made detailed confessions regarding the gang's operations. Nurse Hasan Basri Gök stated, "All nurses who helped with the epicrises were paid. No one was doing anything for free. Hospitalization periods were extended to receive more money from the SGK."

'A LINE FROM KURTLAR VADİSİ'

One of the defendants, nurse Deniz Korkmaz, stated that hospital administrations viewed infants as commercial commodities. When reminded of the allegation that he had said, "Robbing the state is more honorable than robbing the nation," Korkmaz claimed his words were a quote from the TV series Kurtlar Vadisi.

CONFESSION OF STOCKPILING MEDICATION

Defendant nurse Hüseyin Günerhan confessed that they stockpiled leftover doses of medication for foreign patients. Günerhan said, "Savings were being made during the patients' intensive care processes. The leftover medication was used for patients whose treatment was not covered by payments."  

INSPECTOR REPORTS: PASSIVE EUTHANASIA APPLIED TO INFANTS 

The Ministry of Health inspector's report included information that some infants were not treated in intensive care and were left to die. According to the report, it was revealed that a doctor said, "There is no need for resuscitation," for an infant whose heart had stopped. The infants' survival times were manipulated according to the payments the gang would receive from the SGK.

LICENSES OF 10 HOSPITALS WERE REVOKED

As part of the investigation, the licenses of 10 private hospitals in Istanbul and Tekirdağ found to be linked to the gang were revoked. Among the mentioned hospitals are institutions such as Özel Avcılar Hospital, Özel Birinci Hastane, Özel Şafak Hastanesi, and Özel Reyap İstanbul Hastanesi.

WHAT ARE THE DETAILS OF THE SCANDAL?

The indictment for the Newborn Gang states that the gang leaders, doctors Fırat Sarı and İlker Gönen, along with their collaborators, generated income from the SGK by extending the treatment periods of healthy infants. As the trial of the defendants continues, the public is waiting with curiosity for the outcome of the case.

09:51

Day 3 of the Newborn Gang trial has begun. Currently, only defense attorneys are being admitted. A total of 6 defendants have been heard in the case so far.

10:06

The courtroom has been entered. The defendants have also been brought in. Fırat Sarı, the leader of the organization, is wearing a light gray, shiny top.

10:11

The court panel has taken its place. The names of the defendants are being read out.

10:22 

The names of the defense attorneys are being read out.

10:29

The presiding judge once again issued a warning that anyone speaking without permission would be removed from the courtroom.

Defendant Cansu Akyıldırım has been brought to the stand.

All the defendants who have provided their defense statements so far have been men.

The case was filed on charges of membership in an organization established for the purpose of committing crimes.

Presiding Judge: Will you present your defense?

Cansu Akyıldırım: I worked at Esencan and various other hospitals between 2012 and 2019. I worked at İstanbul Reyap Hospital between 2019 and 2022.

I worked at Birinci Hospital between 2022 and 2023, and at TRG Hospital from 2023 until April.

I also receive financial support from my family. I do not accept the charges of fraud and organized crime.

TRG Hospital and Birinci Hospital were receiving consultancy services, but as far as I know, Reyap was not.

We were working with Doctor Dursun Eryılmaz at TRG. We were receiving support from İlker Gönen.

Presiding Judge: Was medical support also being received?

Cansu Akyıldırım: Yes.

Presiding Judge: There are account records. What do you say about the money transfers?

Cansu Akyıldırım: These are things that happened during my first term. However, there were payments sent by the team for motivational purposes. Mr. Fırat from the Medisence company would send me a monthly lump sum, and I would distribute it according to the seniority of the nurses.

Presiding Judge: Do you know the employees at the Medisence company?

Cansu Akyıldırım: If you tell me the names...

10:52

"THE BABY HAD TURNED PURPLE"

The Presiding Judge read a wiretap transcript.

Defendant Cansu Akyıldırım: I have no knowledge of such a conversation. I also could not recognize the patient.

I was the one who opened the Kadan baby, not Mr. Dursun.

I can explain the Kadan baby situation if you would like.

The baby was born at TRG. They were a foreign national. They came to us from the baby room. When the baby arrived, they were deep purple. I placed them in the spot closest to the door and administered oxygen. I called Mr. Dursun, but he did not answer. I called Mr. İlker. Mr. İlker said he would call Mr. Dursun. Then Mr. Dursun arrived. Mr. İlker was also on speakerphone. I opened the umbilical catheter. While moving the device to the ward, I felt a swelling on the right side and reported it. We took a chest X-ray. The baby's heart stopped, and unfortunately, they could not be resuscitated.

I had moved the baby to the 3rd room. Mr. İlker asked me for a photo and video of the baby. I had gone there voluntarily.

The court began: Who asked for it?

Cansu Akyıldırım: Mr. Fırat asked for it.

11:06

Presiding Judge: How long have you known Fırat Sarı?

Cansu Akyıldırım: I have known him since 2019.

Presiding Judge: Did you work together?

Cansu Akyıldırım: Yes, we worked together at Reyap Hospital.

Presiding Judge: We are asking about the conversation that took place between you and Fırat Sarı.

Cansu Akyıldırım: After I received them from Birinci Hospital, I was sending the motivation payments. Hakan Doğukan Taşçı could not distribute these funds. I told him that I could send them because I had the IBAN numbers saved.

Presiding Judge: Were you the one distributing the money?

Cansu Akyıldırım: I said I could send it. Normally, I was distributing it while I was at Birinci Hospital, but at that time, I was working at TRG Hospital.

Presiding Judge: You say nurses do not make the decisions. Then why are the nurses discussing the care levels?

Cansu Akyıldırım: I am the one who enters the care levels into the Excel template, but the decision belongs to the physicians.

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

Cansu Akyıldırım: I was a salaried employee. I did not obtain any financial gain from this process. Even if there is such a thing, I am not part of such an organization. I have been in custody for 7 months. This file has been blown out of proportion by the media. I am very sad that my name is mentioned in such a file.

11:07

I HAD A RELATIONSHIP WITH Fırat Sarı FOR 3 YEARS

Presiding Judge: Did you have a close relationship with Fırat Sarı?

Cansu Akyıldırım: Yes, I did. I had a relationship with him for 3 years, between 2021 and 2023.

Prosecutor: What was the relationship like between Fırat Sarı and Hasan Basri?

Cansu Akyıldırım: Hasan Basri worked as my nurse. After Reyap, he worked as Fırat Bey's driver. I don't know why their relationship soured afterward.

Prosecutor: What are the payments coming from Medicence?

Cansu Akyıldırım: The payments from Medicence are motivation bonuses.

Prosecutor: What do you say about the money sent by Fırat Sarı?

Cansu Akyıldırım: The money sent by Fırat Sarı is money he gave to me.

"I TOLD THE HOSPITAL MANAGEMENT: IT'S EITHER THEM OR ME"

Akyıldırım's lawyer: Did you have any hostility toward Hasan Basri, Hakan Doğukan Taşçı, or Hüseyin Güneran?

Cansu Akyıldırım: I don't like them, but I respect them, that's all. We are not enemies, but we don't like each other.

Lawyer: Did you speak with management to have these individuals fired?

Cansu Akyıldırım: Not for Hasan Basri, but I am the one who requested the dismissal of Hüseyin Güneran and Hakan Doğukan Taşçı. I told management, 'It's either them or me.'

Prosecutor: Even though you were not at TRG, you entered the intensive care unit and intervened with the baby.

Cansu Akyıldırım: When I was at Birinci Hospital, I went to check on the ward for about a week. The hospital management was also aware of this.

Prosecutor: Is what you did legal? Is there such a procedure in your facility?

Lawyer: (Objected) My client fought desperately regarding the death of the Kadan baby.

Presiding Judge: Let her answer.

Cansu Akyıldırım: Since that place is a business, we were also hiring external on-call staff. Thinking in this way, I believe I was acting legally.

Prosecutor: Are standard contracts not made with external on-call staff?

Cansu Akyıldırım: I don't know about that.

Prosecutor: Who gave the work instructions? You said the hospital management was also aware. Which manager gave permission?

Cansu Akyıldırım: Murat Mantuş.

Prosecutor: On what date?

Cansu Akyıldırım: The beginning of July.

Prosecutor: Did Mr. Murat give you instructions?

Cansu Akyıldırım: He told me to organize the ward. I know Murat Mantuş as part of the management.

Dursun Eryılmaz's Lawyer: Did you know Mr. Dursun before TRG?

Cansu Akyıldırım: No, I only know him from TRG.

"IF THE MOTIVATION FEE HAD NOT BEEN PAID, 80 PERCENT WOULD NOT HAVE WORKED"

Lawyer: Under what conditions was the motivation fee paid?

Cansu Akyıldırım: Because salaries were low, extra money was provided by Mr. Fırat. However, these were not very high amounts. For example, Tuğçe was given 1,000-1,500 liras per month.

Lawyer: Was she receiving it because she worked at night?

Cansu Akyıldırım: Yes, I could call it a seniority difference.

Lawyer: What is a motivation fee?

Cansu Akyıldırım: It was a fee paid to senior nurses and those working night shifts.

Lawyer: If these motivation fees were not paid, would they not have worked?

Cansu Akyıldırım: Probably 80 percent of them would not have worked.

Lawyer: What was your role at Reyap Hospital?

Cansu Akyıldırım: I was the head nurse of the neonatal intensive care unit.

DEFENDANT NURSE DEFENDS HER EX-BOYFRIEND Fırat Sarı

Fırat Sarı's lawyer: Was Fırat Sarı aware of the Kadan baby?

Cansu Akyıldırım: I did not report it personally. I cannot say if Dursun Eryılmaz and İlker Gönen reported it.

Fırat Sarı's lawyer: I am asking because you know him. How was Fırat Sarı's medical practice?

Cansu Akyıldırım: I am saying this because I worked one-on-one with him at Reyap Hospital. He would come to the patients whenever they deteriorated. He provided patient updates. He even came on weekends when it was not his shift.

Following Cansu Akyıldırım, nurse Çağla Durmuş was brought to the stand.

“I HAVE A LOT OF DEBT; IF I HAD COMMITTED FRAUD, IT WOULDN'T BE THAT MUCH”

Presiding Judge: You are charged with intentional homicide by omission, fraud, and membership in an organization.

Cansu Akyıldırım: I will present my defense.

Cansu Akyıldırım: I am not a member of an organization. I do not believe there is an organization. I am a nurse working at Medilife Hospital and I have been doing this job for 13 years. I did not do anything that would cause death. I am a person who lives on a hospital salary. I also have a lot of debt. If I had committed fraud, it wouldn't be that much. I absolutely do not accept such a thing.

Presiding Judge: What do you say regarding the killings? 

Cansu Akyıldırım: I did not engage in any behavior that would neglect any patient. I do not accept these accusations.

“I STOPPED THINKING, NOT THE PATIENT”

Presiding Judge: I am asking about the wiretap recording between you and İlker Gönen. In the recording, you say, “Is he dying? Whatever he does, I’m quitting.”

Çağla Durmuş: I meant to say “I stopped thinking” there. I stopped thinking, not the patient. I was very tense at that moment due to a lack of supplies. For a period, we were truly experiencing serious problems at the hospital.

Presiding Judge: I am asking about your conversation with Gıyasettin Mert. In the recording, you say, “We’ve really made a mess of things. Everyone knows how we did it and where we did it.” You also say, “We don’t need to know how we did it; everyone is doing the same thing, so it won’t be a problem.”

Çağla Durmuş: We are talking about the business operations.

Presiding Judge: He sends you patients. Well, how does he send them?

Çağla Durmuş: If the doctor approves, he sends them to me. We have an arrangement like that.

Presiding Judge: Is he sending patients from the 112 emergency service?

Çağla Durmuş: He sends them from the medical center.

Presiding Judge: Is that his job, then?

Çağla Durmuş: I suppose it is his job.

Presiding Judge: Gıyasettin is a 112 employee. Did he have any financial gain in return for this? Do you know about that?

Çağla Durmuş: I don't know about that.

Presiding Judge: When you said, "Let's see, they will definitely catch something. There is no chance they won't catch anything," what were you referring to?

Çağla Durmuş: We were talking about the deficiencies, sir.

“THERE WAS NO IRREGULARITY, I REMEMBERED IT WRONG”

Presiding Judge: You say, 'The patient was not intubated, but we showed them as intubated, we could get caught because of that.'

Çağla Durmuş: I remembered the patient's condition incorrectly. There was no irregularity; I just remembered it that way. It was a conversation I had based on that.

Presiding Judge: You say, 'Let me show them as if they were intubated.'

Çağla Durmuş: The patient was already intubated. I was saying that for confirmation purposes.

‘THE IDIOT SHOULD NOT MENTION MY NAME’

Presiding Judge: İlker Gönen tells you, 'Make sure your story matches with Dursun, the idiot should not mention my name.'

Çağla Durmuş: Because Dursun Bey appears on the official records.

Presiding Judge: Then why are you talking to İlker, why are you asking him?

Çağla Durmuş: Because he provides consultancy.

Presiding Judge: If it is something legal, why then do they not want it to be known?

Çağla Durmuş: I don't know about that.

Presiding Judge: What did you do when the Karakoç baby's condition worsened?  

Çağla Durmuş: When the Karakoç baby's condition worsened, the nurse called me. We intubated the baby. We began the intervention on the patient, and during this time, we notified İlker Gönen and Dursun Bey. Dursun Bey also opened a vascular access, but the patient did not respond. The family was informed. The family was already out of the city. Mehmet wrote the epicrisis report.

Presiding Judge: Where was Mehmet working?  

Çağla Durmuş: TRG Hospital.

Presiding Judge: Who was there as the doctor?  

Çağla Durmuş: Mr. Dursun was there, but I don't know if he was in the restroom at that moment.

“Fırat Sarı WAS TELLING US TO LIST THEM AS INTUBATED FOR PROFIT”

Presiding Judge asks about the wiretap: They say 'list them as intubated,' what is this?

Çağla Durmuş: Mr. Fırat wanted us to make changes to some files. We would then tell the nurses.

Presiding Judge: What was he asking for? 

Çağla Durmuş: List them as Level 3, list them as intubated.

Presiding Judge: What is Fırat Sarı's goal?

Çağla Durmuş: Profit.

Presiding Judge: What is the difference between the levels?

Çağla Durmuş: I understand that the SGK payment for each patient is different.

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

Çağla Durmuş: I am not involved in any situation related to fraud. As nurses, we did whatever the doctors told us to do.

Cross-examination has begun.

Judge: Who plans the baby's admission to the hospital from the moment they arrive?

Çağla Durmuş: Mr. Dursun. If there is anything extra, Mr. İlker.

Judge: Who oversees the feeding?

Çağla Durmuş: The nurse, but it is done according to the physician's orders.

Judge: Why do you ask İlker first about how to fill out the epicrisis after a baby loses their life?

Çağla Durmuş: Mr. İlker is more knowledgeable than Mr. Dursun.

Judge: Was Mr. İlker as informed as Mr. Dursun? Did you regularly report the condition of the babies to Mr. İlker?

Çağla Durmuş: Yes, he was informed.

Judge: Was an epicrisis never prepared after every death without İlker's approval?

Çağla Durmuş: It was arranged

Prosecutor: The inspection board report states that the intestine is not a 7 cm short bowel syndrome case, and it is stated that the death was caused by a failure to provide sufficient nutritional support.

Why was this child not fed?

Çağla Durmuş: Both gastric and intravenous feeding were performed.

Prosecutor: You are saying that the point in the report is incorrect.

Çağla Durmuş: I don't know.

Prosecutor: Who performed the feeding?

Çağla Durmuş: The fellow nurses. 

Prosecutor: Did you perform the feeding?

Çağla Durmuş: I did not; I do not provide patient care.

“I WAS FILLING OUT PAPERWORK AT THE TIME”

Prosecutor: There was a recovery process after the baby vomited, and the baby died because this window was missed. Were the babies not being monitored?

Çağla Durmuş: The nurse says she performed the care and moved on to the next patient; I did not witness anything with my own eyes. I don't know how much time passed or if it didn't.

Prosecutor: You are the nurse in charge; do you not keep an eye on the babies?

Çağla Durmuş: I was filling out other paperwork at that moment; they called me. I walk around frequently, but I didn't happen to be there at that moment.

Prosecutor: You mentioned a lack of supplies and that Fırat Sarı ordered intubations; were the owners of the hospital where you worked aware of these processes?

Çağla Durmuş: The hospital where I worked changed hands many times; I don't know the owners. I didn't make the agreement either. I don't know what I know or don't know. She probably knows about it.

Prosecutor: Not 'probably.' Do you know who it is by name?

Çağla Durmuş: I only know my own manager. Ms. Nigar was the head nurse.

Prosecutor: Was Ms. Nigar aware of this process?

Çağla Durmuş: I don't know if she was aware of everything.

Prosecutor: So you are saying there is no clear information regarding the head nurse and the owners?

Çağla Durmuş: Yes.

Lawyer: Were the weights of a baby who was born at 3260 grams and dropped to 2000 grams being tampered with?

Çağla Durmuş: When that baby was born, its abdomen was enormously distended; there was some reduction after the surgery. But there was no change regarding its weight.

A 30-minute recess was called for the hearing.

REACTION TO Dursun Eryılmaz FROM A FAMILY WHOSE BABY WAS KILLED: YOU WILL BE TRIED

After the presiding judge called for a recess, two lawyers shouted at defendant Dursun Eryılmaz on behalf of their babies. 

“You killed our baby in 2020, you will be tried, Dursun Eryılmaz.”

Prosecutor: You mentioned a lack of supplies and that Fırat Sarı ordered intubations; were the owners of the hospital where you worked aware of these processes?

Çağla Durmuş: The hospital I worked at changed hands many times; I don't know the owners. I didn't make the agreement either. I don't know what they knew or didn't know. I suppose they were aware.

Prosecutor: Not 'I suppose.' Do you know who, by name?

Çağla Durmuş: I only know my own manager. Ms. Nigar was the head nurse.

Prosecutor: Was Ms. Nigar aware of this process?

Çağla Durmuş: I don't know if she was aware of everything.

Prosecutor: So you are saying there is no clear information regarding the head nurse and the owners?

Çağla Durmuş: Yes.

Lawyer: Was there any tampering with the weight of the baby who was born at 3260 grams and dropped to 2000 grams?

Çağla Durmuş: When that baby was born, its abdomen was enormously swollen; there was a reduction after the surgery. But there was no change regarding the weight.

“THEIR LUNGS WERE BLEEDING”

Damla Atak is providing her defense regarding the death process of baby Kaya at Güney Hospital:

After Mr. Ümit left the hospital, there was a 500-gram baby. Its lungs were bleeding. I messaged the chief physician. I sent a message saying, 'The 500-gram baby is bleeding, doctor.' Not via WhatsApp. I sent it as an SMS. Mr. Ali asked questions like, 'Did we take an X-ray?' But there was no doctor present to guide us during this process. Mr. Ali brought Mr. Oktay to the intensive care unit. 

He was just a polyclinic doctor; I am not saying this to blame him, he just came and looked. He said everything that could be done had been done.

Because the mother was in poor condition, the patient came to Güney Hospital.

Gıyasettin and the others found a place for the mother at Güney Hospital, but I don't know if they made an agreement regarding the newborn unit.

“I AM A WITNESS THAT HE SAW BABY KAYA”

Who was the doctor present at the baby's birth?

Damla Atak: Ms. Songül, but I don't know her last name.

Presiding Judge: What happened next?

Damla Atak: He said we encounter this in premature babies in the first 72 hours. I pressured Rıza to get Keykubat to come. 

Mr. Şehmus did not see the 500-gram baby; only his stamp was used.

Presiding Judge: When did Mr. Şehmus leave there?

Damla Atak: He left after October 23 or 28. Mr. Şehmus left the hospital due to issues regarding medication, but Mr. Şehmus's stamp continued to be used. Mr. Ümit also used it. After Ms. Hilda started, her stamp began to be used. Along with Ms. Hilda's stamp, Mr. Rıza started working.

He said that everything had been done regarding Kaya baby's treatment. He claimed he did not see Kaya baby, but I am a personal witness that he did see the baby.

“WE HAD A HIGH LEVEL OF INTIMACY, WE HAD AN EMOTIONAL RELATIONSHIP”

Presiding Judge: Did you have any intimacy with Gıyasettin Mert?

Damla Atak: There was, yes. 

Presiding Judge: To what extent?

Damla Atak: We had a high level of intimacy.

Presiding Judge: Was there a relationship of interest between you?

Damla Atak: But it was not a relationship of interest. I was not questioning his income or expenses. It was a purely emotional relationship.

"I LEARNED THAT HE SAID 'THEY WON'T SURVIVE ANYWAY'"

Damla Atak: When I started the job, I started on two shifts. Batuhan Çetin was on the night shift. I am being accused because I left Batuhan there for that shift that night. I am experiencing psychological trauma because I am being accused of this. 

Kaya baby's lungs were bleeding, but there were no issues with his heart rate or oxygen levels.

I left Batuhan Çetin there in charge for the night. But I did not leave him there to perform emergency interventions on the baby. The reason I mentioned the baby was in bad condition was because its lungs were bleeding. Batuhan Çetin claims I told him, 'Don't call me, call Mr. Rıza.' I don't remember that, but if I did say it, I said it for the best. I directed him to a doctor.

Batuhan called Mr. Rıza. I learned that he said, 'It won't survive anyway.'

Mr. Rıza was not a physician.

He called Doğukan Taşçı; I watched the video of him calling in the news.

After speaking with Mr. Rıza, Batuhan called Doğukan. 

The reason Batuhan called Doğukan was to gossip. I would like to pose a question through you. You must observe patient confidentiality. How can you call someone else and record it? He didn't call me. If he had called me about the baby, I would have called Professor Ali as well. I would have asked, 'We aren't getting a productive answer from Mr. Rıza, what should we do?' But we would have done something. I am being accused of the death of baby Kaya without my knowledge. 

I am already having difficulty talking about this subject....

"I COULD NOT HAVE ASKED WHY YOU REMOVED THE CAMERAS"

Presiding Judge: What time did you go to work in the morning?

Damla Atak: I went at 8 a.m. When I arrived, the baby was not in the area. Batuhan told me the baby had passed away. Then, inspectors arrived immediately. 

Presiding Judge: What do you have to say regarding the camera footage?

Damla Atak: I stated this in my testimony as well. I know there were cameras in the intensive care unit. I also know that Ali Dirik had them removed. But I could not ask my chief physician why they were removed.

I do not remember if it was before or after Baby Kaya.

JOURNALIST EMRULLAH ERDİNÇ TARGETED DURING THE HEARING

Lawyer: The individual named journalist Emrullah Erdinç is trying to incite public outrage.

Presiding Judge: Ask your question, do not provide commentary.

"HOW CAN HE SAY 'PULL THE PLUG'"

Presiding Judge: Rıza Bey said he had no connection with that hospital.

Damla Atak: If Rıza didn't know, how could he say 'Pull the plug'?

Presiding Judge: Did an inspection take place after the death of Baby Kaya?

Damla Atak: Yes, a more comprehensive inspection than usual took place. All documents and files were collected. After the inspection, Ali Bey came to me. He said, 'Let's say Dr. Hilda came at night,' because her stamp was being used.

Cross-examination began.

Judge: Was the shift schedule sent to the head nurse? 

Damla Atak: It was, at the end of the month.

Judge: So, would they have known which nurse was on duty that day? 

Damla Atak: They knew Batuhan Çetin was on duty that night.

Prosecutor: Why are you taking instructions from Gıyasettin? I am not asking about your personal relationship.

Damla Atak: It was because of Ali Dirik. They were close. He wanted to get information about the patient he sent. I was providing that information. 

Lawyer: Was Gıyasettin operating the intensive care unit?

Damla Atak: I think if he were operating it, he would have said so and I would have known.

KAYA BABY'S HOSPITALIZATION RECORDED AS 6 DAYS 

Lawyer for Kaya Baby: Kaya baby stayed for 3 days, but it was recorded as 6 days.

Damla Atak: I am learning this from you.

Lawyer:

Did you work at Avrupa Şafak Hospital?

Damla Atak: Yes, in 2019. I met Hüseyin Günerhan there as well.

Lawyer for Güney Hospital: Was a blue code issued at the time of the Kaya baby incident?

Damla Atak: I learned about it from you during the first day of the hearing. I was under the impression that blue codes are not typically issued in neonatal units.

Defense attorney: First of all, this is a very tragic event, 

I offer my condolences to the families of the patients. I agree with the clear, fluent, and easy answers my client provided. We have seen that my client answered clearly.

There is no crime of membership in an organization. In my opinion, there is no organization either. My client is being tried in the indictment, but there is no evidence regarding which specific act led to this result. A generalization has been made, and my client has been included in it. We would like to know exactly how much financial damage my client caused to which institution through their actions. 

They are being tried for homicide.

Baby Kaya came to the hospital due to their mother's condition. It is a contradiction that my client is being tried for homicide when they did everything they could in an environment where no doctor was present. The indictment claims they did not go despite being called, but they were not called. Batuhan, who is alleged to have called them, says he does not know whether he called or not.

We offer our condolences once again. In my opinion, we believe my client will be acquitted of these charges.

"THEY SEARCHED FOR A DOCTOR AFTER THE BABY DIED"

After her defense, Damla Atak returned to her seat. Defendant Rıza Keykubat was brought in. 

Rıza Keykubat, one of the defendants held responsible for the death of Baby Kaya, was asked to provide his defense.

Defendant Rıza Keykubat, who read his defense from a piece of paper, stated:

"I have been a doctor for nearly 20 years. I work as a general practitioner. Being here as a defendant, despite having no connection to the file, is ruining me. It is alleged that I am part of an organization I have not even sat at the same table with once."

They did not listen to me at all during the investigation phase. My request to you is to listen to me. We explained ourselves during the investigation phase and presented concrete evidence. I am being held in custody unjustly.

Prosecutor: The defendant is reading from a paper in his hand; we object.

Defense attorney: We object. My client will be able to explain himself more comfortably this way. We do not accept the prosecution's objection in this manner.

Rıza Keykubat: I have never worked at Güney Hospital; I have been working at my private practice in Esenyurt for the last 2 years. I never saw baby Kaya. Ali Dirik contacted me and asked if I would work at the hospital on certain days.

Later, they were looking for a doctor regarding the death of a baby born at 500 grams; neither my wife nor I were at the hospital. My wife had not started working at that time when baby Kaya died.

The remainder of the defense statement made by defendant Rıza Keykubat is inaudible due to his low voice.

Presiding Judge: Wrap it up.

Defense attorney: This is a defense that will be made once, and I do not want it to be interrupted like this. They have been detained for months.

IT WAS ALLEGED THAT HE SAID 'PULL THE PLUG ON THE BABY'...

Rıza Keykubat: 

Not only Damla, but several other nurses also made ugly slanders against me. They wrote very ugly things in the media as well. I have a family. I am also a father. Why would I say such ugly things? These things appeared in the media. These are lies and slander. I only knew Ms. Damla. I still do not know their private lives. 2-3 nurses kept mentioning my name, and that is why I was arrested.

Presiding Judge: Why did Batuhan Çetin call you?

Rıza Keykubad: I have no information about that.

Presiding Judge: Have you ever been to Güney Hospital?

Defendant: I went for my wife.

Presiding Judge: When did you go? 

Defendant: I don't remember. After that, I became acquainted with Mr. Ali.

Prosecutor: Did you prepare the paper you read in your defense yourself?

Rıza Keykubad: Yes, I prepared it myself.

"MY CLIENT IS A FATHER WHO RECEIVED HIS BABY IN A BISCUIT BOX"

Lawyer for baby Kaya: He claims that he was called from an unknown number on the night baby Kaya died. Did he not ask the person calling where they found his number?

Defendant: I did ask these things. They said, 'I am calling from Güney Hospital.'

I said, 'I don't work there.'

Lawyer for the Kaya baby: Could you have left your number at the hospital yourself?

Defendant: I had left it with the chief physician.

Lawyer for the Kaya baby: Even though your spouse applied, why did you leave it?

Defendant: I was the one who went for the job application.

Lawyer for the Kaya baby: The defendant repeatedly mentions in their defense that they have a 10-year-old child.

My client is also a father. He is a father who received his baby in a biscuit box.

He carried his baby in his arms in that box for hours.

If there is a legal value to be protected here, it is the trauma experienced by the mother and father.

I do not accept the attempt to manipulate the defense by bringing up their child.

Lawyer: Were you in the WhatsApp group established for the neonatal intensive care unit?

Defendant: I have no such information.

"ALİ DİRİK ENTERED THE JOB WITH A PLAN"

Defense attorney: My client is an Iranian national. 

I am quite saddened by the warnings given to my client to keep their defense brief during the allotted time. 

They have no acquaintance with anyone in this file other than Ali Dirik and Damla Atak.

On the other hand, they are under arrest for the crime related to baby Kaya.

It was alleged that there was a statement made to the effect of 'pull the plug and be done with it'.

These findings in the indictment are contrary to the material truth. No intervention was made on any baby there. My client has a licensed private practice in Esenyurt.

Ali Dirik made the entry for Ms. Hilda in a planned manner following the death of baby Kaya. 

On the night of November 15, 2023, Batuhan Çetin called our client, but our client had no information about the baby. He only told him to call the authorized persons. However, due to the statements given by Batuhan Çetin, he was subjected to discrimination because the phrase 'pull the plug and be done with it' was used in the media. The allegations were distorted. Our client is a general practitioner. Our client has no connection with Fırat Sarı, İlker Gönen, or anyone else present here.

A 15-minute break was taken.

The break has ended.

Emine Avcı was brought to the stand.

Emine Avcı: I work as a patient rights manager at the first hospital.

I do not accept the charges brought against me within the scope of the case file.

Presiding Judge: How long have you been working there?

Defendant: I worked there for 5 years, from the time the hospital opened until I was arrested.

“THEY TOOK MONEY FROM THE GRANDMOTHER INSIDE THE INTENSIVE CARE UNIT”

The Presiding Judge asks about the wiretapped conversation with Hakan Doğukan Taşçı.

Emine Avcı: The process began when the grandmother of a deceased baby requested a receipt for the payment she had made. 

I asked the grandmother where she had made this payment. She said she made it inside the neonatal intensive care unit. It was around 38 thousand liras.

I determined that Doğukan was generating income illicitly through the patient.

I had the grandmother sign a statement regarding the current situation. There is a record of Hasan Basri calling me.

Hakan had given him my number. Such a situation was not legal. I told them I would file a complaint about this situation. I also shared it with the hospital manager. The baby had come to the hospital from the Yeni Hayat Medical Center.

Presiding Judge: What is the situation regarding the baby not handing over the patient?

Defendant: It is a nonsensical conversation that Hasan Basri and Hakan Doğukan had between themselves.

“HE THREATENED ME”

Hasan Basri tried to threaten me because I exposed this matter.

“WE HAD NO KNOWLEDGE OF THE OPERA BABY”

Presiding Judge: You told Doğukan not to provide information about the patient; what is this wiretap?

Defendant: Hakan Doğukan Taşçı was brought there by Fırat Sarı. Şehmus Çelik was not there that day. The Opera baby was brought to our hospital from Medilife Hospital. Our hospital does not have a neonatal intensive care unit. I asked why this baby was admitted here. Mr. Şehmus was not there. I said that because the doctor is the one who needs to provide information. Doğukan claims we were aware, but we never had any knowledge that the Opera baby had been brought to the hospital.

“DID YOU RECEIVE ORDERS FROM Fırat Sarı?”

Cross-examination began.

Prosecutor:Did you work until the early hours of the morning making changes to epicrises after the death of the Opera baby so that the changes would not be noticed during inspections?

Emine Avcı: One day, photocopying was done. The inspector who came for the audit requested physical files.

Lawyer: From whom did you receive orders and instructions at your workplace?

Emine Avcı: The hospital's general manager, the finance manager...

Defense attorney: Do not pressure the witness with your questions.

Attorney: Is Fırat Sarı one of them?

Defendant: Fırat Sarı was operating the neonatal unit. I have never seen Fırat Sarı. Do I even have a wiretap record that justifies you asking me this question?

Lawyer: Yes, thank you.

“I DO NOT REMEMBER”

Lawyer: You said you did not know Hasan Basri, but there is a wiretap record. 'If you work like this, we won't take babies from you?'

Emine Avcı: I don't fully remember the wiretap.

Lawyer: Were there times when Şehmus Çelik was frequently at the hospital, and did he adhere to working hours?

Emime Avcı: He did. He would be at the hospital during working hours.

“HE ASKED ABOUT THE CİMER COMPLAINT FILED BY DENİZ KORKMAZ”

‘WHICH NURSE COULD HAVE DONE IT’

Following Emine Avcı, Mehtap Sayar was brought to the stand.

Mehtap Sayar: I am not a member of the organization; I have no communication with the defendants other than a professional relationship.

Presiding Judge: Where did you work? 

Mehtap Sayar: I worked in Beylikdüzü between 2014 and 2016. From September 2016 until my arrest, I worked at Reyap. I worked as a head nurse for the last 6 months.

Presiding Judge: Were you working for an operating company?

Mehtap Sayar:I received my salary from the hospital. As far as I know, it was not an operating company hospital.

Presiding Judge: You have a wiretap record with Fırat Sarı, saying 'Move to a convenient place, don't tell Hasan...' 

Mehtap Sayar:  He mentioned a CİMER complaint. I don't know the date of this complaint. It was likely the complaint made by Deniz Korkmaz. He asked which nurse might have done this.

“I LENT MONEY TO Fırat Sarı”

Presiding Judge: How do you know Fırat Sarı?

Mehtap Sayar: I know him because of Reyap Hospital. I was not under his supervision.

Presiding Judge: There are money transfers in Medicence, what are these?

Defendant: I was also receiving a motivation payment. Other than that, I lent him money when he asked for it. However, even though a year has passed, he has not fully paid me back.

Presiding Judge: What is motivation money?

Defendant: I had been working there for 10 years, but the salary was low. Mr. Fırat said he would pay me extra out of his own pocket. That is all.

“I HAD A FLIRTATIOUS RELATIONSHIP WITH HASAN BASRİ”

Presiding Judge: You have very frequent contact with Hasan Basri.

Mehtap Sayar: I had a flirtatious relationship with Hasan Basri for about a year. He wanted to take it further and was persistent, but we did not have that kind of relationship.

He was also Mr. Fırat's driver. He had a falling out with Mr. Fırat. Our relationship ended as well.

Presiding Judge: What is the money exchange?

Mehtap Sayar: When she couldn't get money from Mr. Fırat, she would ask me for a loan.

THE 'EVEN IF I KILL IT, IT'S A PROBLEM' TAPE WAS ASKED ABOUT

“I DON'T WANT TO TALK” 

Presiding Judge: Asked about the saturation tape with Hasan Basri.

Hasan says, 'Mehtap, kill the child, how can there be a child with 50 saturation?' and you say

You say, 'You know it's a problem whether I kill them or not,' do you remember this conversation?

Mehtap Sayar: “Yes. I have had a lot of trauma regarding this issue. I do not want to talk about this subject.”

“SHE MUST HAVE CALLED TO GOSSIP”

Presiding Judge: Asks about a wiretapped recording saying, 'As if they had made a contract with the medical center.' 

Mehtap Sayar: She must have called to gossip. 

Presiding Judge: There is a conversation that follows, saying something like, 'This falls under stealing patients from 112.'

Mehtap Sayar: I didn't understand it; I didn't understand it back then either. He would call just to talk about nonsense. 

The flow of money was questioned.

Mehtap Sayar: I have 7 EFT transfers sent to Hasan, totaling around 20,000 TL.

There are also 6 EFT transfers from him to me, totaling around 5,000 TL. If I had any earnings related to medication, I should have received more from the other side.

"THERE WERE BROKEN INCUBATORS"

Prosecutor: You say to Hasan Basri Gök, 'Everything was inappropriate.' What was inappropriate?

Mehtap Sayar: 

It was a conversation regarding the inspection that took place on September 25.

At that time, Mr. Fırat was not there; he was abroad. The hospital management had assigned another doctor. This pediatrician only came down in emergencies. I remember panicking during that inspection. The conditions within the area were non-compliant.

Prosecutor: What was inappropriate?

Mehtap Sayar: There was an issue with the shift schedule because the hospital management did not make sufficient hires.

There were faulty incubators within the unit, and the hospital management was aware of them. I was the one directly dealing with the inspectors. I was subjected to a problem here, which is why I voiced my complaint.

“THIS IS GOING TO TURN INTO A MESS” WAS SAID

Lawyer: In your conversation with Hasan Basri, he says, 'It is Fırat Sarı who got us into this business.' What are these businesses that Fırat Sarı got you into?

Mehtap Sayar: I am likely not among the people he refers to as 'us' here.

Defense Attorney: What is the 'job' referred to when you said, 'This job is going to turn into a mess'?

Mehtap Sayar: I don't remember.

'HE TELLS ME TO DELETE THE DATA'

Following Mehtap Sayar, Mehmet Halis Başli provided his defense.

The Presiding Judge asks nurse Mehmet Halis Başli:  

There is a conversation between you and Mehmet Gürül. He tells you, 'Delete the digital data belonging to the intensive care unit at Şafak.'  

Mehmet Halis Başli:I don't remember exactly.

-You are a nurse, you should understand. You are saying "Okay."  

Mehmet Halis Başli:I said it just to brush it off.

The interrogation of nurse Mehmet Halis Başli has been completed. His defense was presented by his lawyer.

"The accusation of membership in an organization against my client is untrue. There is no organization here. The fact that they worked in different institutions stems from them being individuals working in the same field, neonatal intensive care. The claim that an organization was established under the leadership of Fırat Sarı does not reflect the truth. There is no concrete evidence in the file. My client's acquittal is very clear."

The third day has also come to an end.

Tomorrow's hearing will begin at 09:30.

The names and professions of the defendants who provided their defense statements over the past 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 Worker  

13. Mehmet Halis Başli - Nurse 

34 defendants remain.

News Source: 12punto