Shocking confessions in the 'Newborn Gang' trial: Money distribution and illegal practices

Nagihan YILKIN 12punto.com.tr 

The trial of the "Newborn Gang," which caused the deaths of emergency newborn patients by colluding with certain private hospitals in Istanbul to generate illicit profits, "Newborn Gang"is ongoing at the Bakırköy 22nd High Criminal Court. While the defense statements of 44 out of 47 defendants have been taken, the defense statements of the 3 non-custodial defendants will begin in today's hearing.

In her defense statement during the hearing, defendant Bahar Kanık stated, "Responsible nurse Fırat Sarı said he would give us money as a 'motivation payment.' We did not question this money. After I became the person in charge, Fırat Sarı sent the money to me, and I distributed it to the nurses." denying the accusations. Kanık's defense is drawing attention as a significant development that could alter the course of the trial.

Following the defense statements to be made today, it is eagerly awaited whether the court panel will decide to arrest any of the non-custodial defendants. The court may reach a decision after the defenses are presented, and arrest warrants could be issued for some of the non-custodial defendants. As the content of the case and the scale of the accusations increase public interest, you can follow all developments moment by moment on 12punto...

Here is what happened in the trial...

The newborn gang trial continues on its 11th day.

To date, 44 defendants, 22 of whom are in custody and 22 of whom are not, have been heard.

The three non-detained defendants out of the 47 being tried in the case who have not yet provided their defense will be heard today. 

The first non-detained defendant of the day, doctor Mehmet Gürül, took the stand.

Mehmet Gürül works as a doctor at TRG Hospital. 

Regarding him, "The suspect is accused of committing the crime of qualified fraud by transferring patients without using the 112 system, manipulating patient care levels, and issuing false epicrisis reports to bill medications to the Social Security Institution (SGK)." is stated.

IT WAS AT SAFAK AND TRG

I worked for a fixed salary and was not a member of any organization.

I was working at TRG Hospitalist.

I do not recall any consultancy at Medilife Hospital, but there was consultancy at Safak and TRG Hospitalist.

All of the salaries were paid to me by the hospital.

Fırat Sarı had a consultancy company.

"WE BOUGHT A HOUSE TOGETHER WITH Fırat Sarı"

Presiding Judge: There are funds coming from Medisense...

Mehmet Gürül: I had a salary of 125,000 liras. I was receiving a standard salary. Sometimes it came from his own account, sometimes from the company.

Presiding Judge: Did you buy a house with Fırat Sarı?

Mehmet Gürül: I bought a house jointly with Fırat Sarı. I had 500,000 liras. I borrowed 500,000, that's how we bought it.

"IT HARMS HEALTH"

Mehmet Gürül:

Curosurf is not purchased from the Social Security Institution (SGK); it is purchased from the manufacturer. It is kept in the refrigerator at the hospital. I heard rumors that Curosurf medication was being sold. I heard that Fırat Sarı, Hasan Basri, and Hakan Doğukan Taşçı were selling it. The medication is a cold-chain product; it spoils if not transported and stored under appropriate conditions. The life-saving property of the medication is lost. It harms health. Our conversation regarding Curosurf was in this direction.

"I HID THE EXTERNAL ON-CALL STAFF"

Presiding Judge: Cansu says they came for an inspection at the newborn unit, 'send the outside staff away.' What do you have to say to that?

Mehmet Gürül:

My only crime here is hiding the outside nurses. There is talk that the nurses brought in from outside did not have the necessary qualifications. They simply did not have SGK (Social Security Institution) contracts. We saw that they took care of the patients completely. I told them to leave so that the hospital would not be harmed because they were not registered with the SGK. 

Presiding Judge:

You are telling Fırat Sarı that they only raided the facilities you manage.

Mehmet Gürül:

They said they went to 10 hospitals at the same time. That is the extent of our conversation.

"I WAS NOT WRITING EPICRISES DAILY"

Presiding Judge:

You say we need to talk while writing the epicrisis. Fırat Sarı also says, 'Did you look at what I wrote on WhatsApp, we need to write the same thing.' What do you say to that?

Mehmet Gürül:

I don't remember what he wrote on WhatsApp. I wasn't writing epicrisis reports daily. I write the epicrisis when I discharge the patient. However, since the auditor requested daily epicrisis reports from everyone, I asked about that. I asked if we should write them on the same day. That is the conversation regarding that. 

Presiding Judge:

You said, 'We need to be cautious, I am writing on WhatsApp.' What kind of caution?

Mehmet Gürül:

Some things are misunderstood due to professional jargon. When my nurse says over the phone, 'I am doing 3 discharges, I am doing 2 admissions,' it could be perceived as the nurse doing the admission and the doctor doing nothing. 

THEY FOUND OUT THE POLICE WERE LISTENING

Presiding Judge:

Fırat Sarı says, 'Be careful with the phones again.' What do you have to say about that?

Mehmet Gürül:

Fırat Sarı had provided information that Doğukan's phones were being tapped. He said that a police acquaintance told him the phones were being monitored. That is why.

"HAVE THE FOOTAGE DELETED"

Presiding Judge:

They will ask you for epicrisis reports. You say, 'Have the digital footage deleted'...

Mehmet Gürül:

The lung X-rays were not deleted anyway. Intubation tubes are plastic, small, and thin. They might not appear on the film. Radiology doctors might not see them either. If intubation is not reported, it will not be consistent with the epicrisis. I said such a thing to ensure the reports were organized and that the digital images would not be misleading.

Presiding Judge: You said 'Let's see what he says' to Fırat Sarı regarding the turnover... In the continuation of the conversation, you say 'let's switch to WhatsApp'. 

Mehmet Gürül:

Ekrem Bey had an instruction. He is the health manager of TRG Hospital. Ekrem said, 'I don't need patients. I want my hospital's name to remain clean.' By saying we will be slow, we meant that we would not need to take in too many patients from outside. That is what we were referring to. 

Presiding Judge:

In your conversation with İlker, you say, 'We talked to Fırat, we will look at the files, we will make the epicrises consistent'. 

Mehmet Gürül: I don't remember much. 

"WE WERE TALKING ABOUT OBSCENE THINGS"

Presiding Judge:

You say 'let's talk on WhatsApp' when speaking with Fırat Sarı. 

Mehmet Gürül:

At some points in the conversation, we would start talking about things other than work, about obscene things. Sometimes the phone signal is weak. 

"I WAS RECEIVING 100 THOUSAND FROM Fırat Sarı"

Member Judge: When did you start working at TRG Hospital?

Defendant: Around August 2023

Member judge: Were there no babies who died at TRG Hospital?

Defendant: There were none.

Member judge: Did you make the agreement with Murat Mantuş?

Defendant: Yes.

Member judge: Did he mention his agreements regarding Fırat Sarı?

Defendant: He said they would pay the SGK portion and the consulting firm would pay the remaining portion.

Member judge: How much?

Defendant: 25 thousand. 

Member Judge: How much was the consulting firm paying?

Defendant: 100 thousand.

"I RECEIVED THE MONEY IN CASH"

Member Judge: You are saying that Murat Mantuş was putting pressure on you?

Defendant: Fırat Sarı would say so. Fırat would say, 'When the number of patients decreased, Murat brother would call me. He would say, the number of patients has dropped, find me patients.'

Member Judge: How much did Fırat Sarı lend you?

Defendant: 500 thousand.

Member Judge: Through the bank?

Defendant: Some of it through the bank, some of it in cash.

Member Judge: Was he sending it in pieces?

Defendant: I received the majority of it in cash. In 2-3 installments.

Member Judge: On what date did you receive it?

Defendant: Before August 2023.

Member Judge: Did you make your debt payment?

Defendant: I paid the vast majority of it in cash in Euros. He would send me my salary. I would then convert it to Euros.

"INSTRUCTIONS FROM THE AMBULANCE DRIVER"

Prosecutor Kadir Kocakaya: You have a conversation with Gıyasettin Mert. You are talking about the Karakoç baby brought from Yalova. Let me remind you of the conversation. I asked the other defendants about this as well. This man is an ambulance driver, and you are a doctor, yet you are explaining things to him in detail. The man tells you to 'admit the baby.' And you say, I could admit the baby, but... 

(Mehmet Gürül tried to intervene)

Prosecutor: Stop! Why are you taking instructions from an ambulance driver?

Mehmet Gürül: Unless Mert or someone else is the hospital owner, they cannot give me instructions.

Prosecutor: Let me remind you again then. He tells you to admit the baby, and you say, I could admit it, but...

Mehmet Gürül: Let me explain; a baby can stay in the neonatal unit for 40 weeks plus 28 days. This 40 weeks refers to the time in the womb. Mert has a vested interest in this, which is why he is trying to keep the baby admitted for a long time. I didn't mean to say 'what is it to you.' I just wanted to cut the conversation short.

Prosecutor: Well, why didn't you just say 'what is it to you'?

Mehmet Gürül: I didn't snap at him because it would have been rude to say 'what is it to you'.

EPICRISIS REPORTS TAKEN HOME

Prosecutor Kadir Kocakaya: Epicrisis reports were found in your home. Are these reports taken home?

Mehmet Gürül: You say don't give examples from us, but for instance, you take court records home...

Prosecutor Kadir Kocakaya: If we say that, don't give examples from us.

"HE APPROACHED ME IN THE HOLDING CELL"

Lawyer: You said you heard that Fırat Sarı was also selling medication; when did you hear this?

Mehmet Gürül: I heard it from the wiretaps after the investigation began. When Hasan Basri approached me in the holding cell during the detention period, I said, 'Don't come near me, you sold medication.' He replied, 'Fırat Hoca was the one making us do it.' 

"HEADLINED AS BABY KILLER"

Doctor Mehmet Gürül's lawyer:

"Headlines were written calling him a 'baby killer.' However, there is no such accusation leveled against him. He resigned from the hospital where he worked and could not find jobs at other hospitals. He was forced to retire."

"His family life has been disrupted. His finances have also suffered great losses. The only evidence is the wiretapped recordings. These recordings are also open-ended."

Mehmet Gürül's lawyer: "The Social Security Institution (SGK) has not submitted a detailed investigation to the file."

"HE WAS BAHÇELİ'S CHIEF OF SECURITY"

Murat Mantuş, a former police chief known as the General Manager of the private TRG Hospitalist Hospital, took the stand.

Mantuş was the chief of security for MHP Chairman Devlet Bahçeli. 

The indictment states that Mantuş committed the crime of intentional killing by omission through negligence, and in doing so, committed the crime of qualified fraud by engaging in irregular epicrisis writing in the neonatal intensive care unit of the hospital he managed, transferring patients without using the 112 system, manipulating patient classification levels, and billing the SGK for medications in a manner contrary to the truth.

"A PHYSICIAN HAD DEMANDED 40 PERCENT"

Murat Mantuş: Since I had no experience in the healthcare sector, I constantly sought support. I even placed a second desk in my general manager's office and included the deputy general manager in my office; I preferred not to have private meetings. The thing I know best is what I do not know. I never made any decisions without consulting others.

After I was appointed as the general manager of the Medisense hospital, many people came for job interviews and to offer their well wishes. They came for consultancy. At first, I did not accept.

As a habit from my former profession, I ensured that all personnel felt peaceful, but I did not ensure they felt comfortable. Fırat Sarı, one of the officials from the Medisense company, came at least 3-4 times. When they came for the last time, our chief physician in charge of the newborn unit, Mr. Volkan, had said that he was tired.

Finding doctors was difficult. They were asking for small figures. For example, one physician we interviewed was asking for 40 percent of the turnover. I was very surprised by these figures. 

"THEY WERE GOING TO ADVERTISE OUR HOSPITAL"

Murat Mantuş: We were looking for a doctor. I asked Mr. Volkan, and he said, 'Sir, have a talk with them.' I asked how we would reach an agreement. I divide it into two parts.

In the first part, they were going to recommend doctors and personnel to us when necessary. We were still going to conduct the interviews ourselves.

Another issue is that we have a department in our hospitals called marketing. They said they would contribute. They mentioned that they had connections with medical centers and hospitals that do not have intensive care units. They said they would contact these physicians and advertise our hospital.

We were making agreements with agencies within the scope of health tourism. They also receive a percentage.

Murat Mantuş: There is another grievance I would like to mention. He called me himself in the 9th month. He called me on September 11th. Throughout my life, I have never taken initiative to bend laws and rules. I have not been involved in any unlawful transaction, and I will not be. I sent him 30,000 liras that day, and he returned it to me on September 15th. This is the only money transfer between us.

Murat Mantuş: I realized that I was deceived and misled, and I will explain those to you as well.

"I TURNED OUT TO BE A DUD"

Murat Mantuş:

Until July 2023, I did not know any of the people in this courtroom. I have no shared history with them. They cannot offer me any benefit. I am already looking at the wiretaps; they are hesitant. From the conversation between Mert and İlker, in İlker's words, I turned out to be a 'dud'.

Murat Mantuş: I do not cover up any incident. Mercy that leads to neglect of duty is treason to the homeland.

"WE MADE AN AGREEMENT WITH Fırat Sarı"

Presiding Judge: Who did you make the agreement with?

Murat Mantuş: We made an agreement with İlker and Fırat Sarı.

Presiding Judge: Did this agreement also include nurse salaries?

Murat Mantuş: No, no, only the doctor. If we hadn't been looking for a doctor at that time, I wouldn't be standing before you right now.

Presiding Judge: How were the doctors coming in?

Murat Mantuş: They were doctors recommended by them, or doctors we found even if they didn't recommend them. We were going to pay a portion of their salaries, and they were going to pay a portion.

Presiding Judge: Which doctors came in under this scope?

Murat Mantuş: They only sent Mr. Dursun to us. We found Mehmet Gürül. But they already had meetings with Fırat Sarı.

Presiding Judge: How was the payment made?

Murat Mantuş: We paid 25,000 TL of it, and we received the rest from the Medisense company, but I learned about that here.

DEMAND TO BRING PATIENTS

“Even if it were 19 or 29, I would say it is too few”

Presiding Judge:

You are telling Fırat that there is a decrease in the numbers. And he says he is talking to Mert. 

Murat Mantuş:

That is correct, that was my only request. The promise they made while entering into the agreement was that they would promote my hospital at medical centers and increase my patient count. I made a request regarding this. 

Presiding Judge: In the wiretap between Fırat and Mert... Fırat says we absolutely must meet. He says Murat called me and ruined me. He says we never saw 33, we went with 27. 

Murat Mantuş: I don't remember; if I had called, it would be in the wiretaps. They are using my name. Because there was such a clause in the agreement (consultancy contract), I made a request regarding the number of patients. Even if it were 19, I would say it's low; even if it were 29, I would say it's low. I requested something like that.

PROVINCIAL HEALTH DIRECTORATE SENT PATIENTS

Murat Mantuş: I am speaking for Istanbul. There were outbreaks from time to time. Capacity was full. They called from the Provincial Health Directorate. They called saying, 'Murat, accept these incoming babies.' We even exceeded our normal quota. I did not turn anyone who brought a patient away from the door.

Prosecutor Kadir Kocakaya: Cansu Akyıldırım said, 'Murat Mantuş is aware of me.' How is it that someone who does not work at the hospital is working there?

Murat Mantuş: Cansu Akyıldırım was someone directed to us by the Medisense company. She was working as an insured employee at the first hospital. She was in a trial period with us. I asked Mr. Volkan about the situation. At the end of the trial period, we offered her the position of head nurse.

PROSECUTOR: WHY YOU?

Prosecutor: Why did they employ a retired police officer like you in a hospital where you had no knowledge or expertise?

Murat Mantuş: I asked myself that question. At first...

Prosecutor Kadir Kocakaya: There are schools for this; why you?

Murat Mantuş: I have never received a disciplinary warning throughout my professional career. I am a disciplined person. They told me to be their eyes, ears, and hands there. Since I didn't know the field, I set a condition that someone who knew the job should be with me. I never made any decisions without asking.

Lawyer: Were patients being directed to your units?

Burak Mengü objected.

Lawyer: There is no need to get heated.

Presiding Judge: It has been decided that the question may be asked.

Defendant: No, it was not happening.

Burak Mengü: I will provide a comprehensive defense following my client Volkan Karataş's statement.

A 45-minute break was called in the Newborn Gang trial.

The break in the hearing has ended. The detained defendants are being brought in.

The final non-detained defendant, Volkan Karataş, who worked as the chief physician at TRG Hospital, will be heard.

In the indictment, it is requested that Karataş be punished for the crimes of 'fraud to the detriment of public institutions and organizations,' 'knowingly and willingly aiding the organization,' and 'intentional killing by omission.' 

Murat Mantuş and Volkan Karataş's lawyer, Burak Mengü, had stated that he would present his defense after the two defendants' statements; however, the presiding judge requested that Murat Mantuş's statement be taken first due to contradictions in their testimonies.

Burak Mengü stated that he wished to present the defense for both of his clients together.

The floor was given to the other female lawyer of Murat Mantuş for Mantuş.

Mantuş's lawyer: I declare my client's statement as it is. Throughout the time my client worked, the neonatal intensive care unit was never left without a doctor.

Presiding Judge: Will you make a defense?

TRG Hospital Chief Physician Volkan Karataş: I was born in 1980. I am 44 years old. I decided to study medicine after losing my father due to incorrect treatment. I completed my 2-year mandatory service. I also worked in adult intensive care and served as a responsible physician during the pandemic. 

(The defendant's voice is not clearly audible)

"I DO NOT KNOW Fırat Sarı"

Presiding Judge: What do you say regarding the consultancy?

Defendant: I was just a supervisor. When Mr. Murat asked me, he made the arrangements himself at the point where we could not find a doctor; I was not present there. However, I scrutinized every doctor who came, whether they provided consultancy services or not. Murat Mantuş always did whatever I said.

Presiding Judge: Did you ask Murat Mantuş for the details?

Defendant: It was not told to me. I do not know if there is a document or not.

Presiding Judge: Do you know Fırat Sarı and İlker Gönenli?

Defendant: I do not know them; I have only heard their names. 

"IT IS STRANGE THAT YOU KNOW NOTHING"

Presiding Judge: When did this Ahmet Arıkan leave you? 

Volkan Karataş: He was with us until the beginning of 2023. 

Presiding Judge: He says September 2nd; did Gıyasettin do this on his own accord?

Volkan Karataş: It is unfortunately not within my knowledge. 

Presiding Judge: Were you never given any information?

Volkan Karataş: I did not witness any baby transfers at our hospital.

Presiding Judge: When you read the wiretaps, didn't it seem strange? Didn't you ask yourself what was going on in the hospital?

Volkan Karataş: Since there were no problems in the neonatal intensive care unit, I did not investigate it. 

Presiding Judge: Everyone says, 'We also learned about it through the wiretaps.' They are asking us. So, the administrators and no one else knows anything? It is strange that you have no knowledge of who is coming or going.

PROSECUTOR: I CANNOT UNDERSTAND THE LOGIC

Prosecutor: Was Murat Mantuş working as your superior?

Defendant: We work under the general manager.

Prosecutor: Do hospital managers not work under the chief physician?

Defendant: We work under the general manager.

Prosecutor: Were you aware of the additional salaries received by doctors and nurses?

Defendant: We leave the room when doctor salaries are being discussed. I have no knowledge of it.

Prosecutor Kadir Kocakaya: Murat Mantuş says, 'I am a retired police officer, but I don't understand this business,' yet he handles all the processes. He does the work without having knowledge, and you have knowledge but claim to know nothing. I cannot understand the logic here. Is this process correct?

I ask the man, he says 'I don't understand,' I ask you, you say 'I don't know'?

Defendant: I did not mean to say I don't know. The deputy general manager says what everyone knows. I report things related to the physicians, but the main decision is his. 

Prosecutor: Did you authorize Cansu Akyıldırım to carry out the procedure?

Defendant: No.

"THERE IS NO CRIME"

Burak Mengü, the lawyer for Murat Mantuş and Volkan Karataş: You mentioned a conflict of interest, but I will present the defense on behalf of both my clients. It is contrary to the natural flow of life. No one establishes a company to commit crimes. Would they go and establish a company in their own name to commit an organized crime?

You cannot speak of the existence of an organization in this manner. A commercial company has arrived, one company has made an agreement with another company; this is not the subject of the judiciary present here. It is the subject of a commercial court. There is no intent to commit a crime, and there is no crime.

"IF WE CAN PUT THE PROVINCIAL HEALTH DIRECTORATE ON TRIAL, THEN BRAVO"

Burak Mengü, the lawyer for Murat Mantuş and Volkan Karataş: TRG Hospital, where my two clients worked, was audited by the Social Security Institution (SGK) and the Ministry of Health. It was also audited by the Ministry of Agriculture due to the vending machine inside. Nothing was found.

If we can put those who conducted the audits at that time, the civil servants, and the Istanbul Provincial Health Directorate of that time on trial, then bravo. I cannot speak of a fair trial here.

"INSTEAD OF THE PROSECUTOR POSTING ON INSTAGRAM..."

Burak Mengü, lawyer for Murat Mantuş and Volkan Karataş:

Investigating prosecutor Yavuz Engin posted that 'lawyering is not buffoonery.' If he had written to the Provincial Health Directorate instead of posting on Instagram, he would have received all the answers. My clients would not have been tarnished.

"THE PROVINCIAL HEALTH DIRECTORATE DID NOT DEEM IT NECESSARY"

Burak Mengü, lawyer for Murat Mantuş and Volkan Karataş: 

"Even if a hospital administration stands on its head or does somersaults, it cannot defraud the Social Security Institution (SGK).

The Istanbul Provincial Health Directorate did not see a need for an investigation regarding the data concerning the Kadan baby. The prosecutor's office initiated the investigation based on wiretaps."

The defense statements of all 47 defendants, 22 of whom are detained and 25 of whom are being tried without detention, have been completed within the scope of the Newborn Gang trial file.

Lawyers for the hospitals mentioned in the indictment are presenting their defense.

The names of the hospitals mentioned in the indictment are as follows:

•Avcılar Hospital

•Private Doğa Hospital

•Private TRG Hospitalist Hospital

•Private Bağcılar Medilife Hospital

•Private Beylikdüzü Medilife Hospital

•Silivri Kolan Hospital

•Esenler Güney Hospital

•Özel Birinci Hospital

•Özel Avrupa Şafak Hospital

•Özel Bağcılar Şafak Hospital

•Özel Reyap İstanbul Hospital

•Çorlu Reyap Hospital

Representative of the Ministry of Health: Our institution has suffered damages. We are filing a complaint against the defendants. We request that our request to join the case be accepted.

Representative of the Ministry of Family: We request that our request to join the case be accepted and that the defendants be punished.

The 11th day of the newborn gang trial concluded with the defense statements of the non-detained defendants and hospital lawyers. 

The hearing will continue tomorrow at 09:30 with the testimony of the complainants. 

News Source: Nagihan Yılkın