11th year in the Eren Eroğlu case: New expert report requested in the trial of the building owner

Ercan KÜÇÜK - Kübra KARASU 12punto.com.tr

The trial of building owner Uğur Karahan, whom the family considers the 'origin of the chain of negligence' in the death of Eren Eroğlu, who lost his life in 2013 at the age of 17 after being electrocuted by a high-voltage power line, continued at the Bakırköy Courthouse.

Building owner Uğur Karahan did not attend the 6th hearing of the case. Throughout the 11-year-long legal process, Karahan has only appeared before a judge once, at the hearing on October 20, 2022. The expert report added to the file was discussed during the hearing.

REQUEST FOR APPOINTMENT OF LEGAL EXPERTS

When asked for his views on the report, Karahan's lawyer, Recai Akgün, argued that they held no responsibility and requested that a panel consisting of legal experts and academics prepare an expert report:

"We are the property owners; we have no knowledge regarding the sign. We are not the original owners of the building. Establishing a causal link here is important.

To understand whether we are responsible, we request the appointment of experts consisting of academics and legal professionals to determine the causal link. We also request the appointment of a panel of legal experts and academics to determine whether Haydar Sakcı is also responsible."

"THE ILLEGAL FLOOR IS ALSO IN THE FILE"

The family's attorney, Berrin Demir, reacted to the statements made by Karahan's lawyer. Demir stated the following:

"The building's title deed is in the file, the illegal floor is in the file, and the warning from TEİAŞ is in the file. The demolition efforts by the municipality are also in the file. The defendant built an illegal floor. TEİAŞ stated, 'There is an encroachment on my absolute protection zone. There is no life safety, it must be demolished.' They resisted the municipality that wanted to demolish it. There were no warnings or barriers to prevent entry into the building. They put them up after the incident. We have submitted our petitions objecting to the expert report. We reiterate our written defenses and objections exactly as they are. We absolutely do not accept any of the statements made by the defendant's lawyer. They are all untrue. We request that all missing points be addressed and that the file be sent for a new expert examination."

"AS IT WILL NOT ADD ANYTHING NEW TO THE FILE..."

Regarding the requests for a new expert report in line with the statements made, the Public Prosecutor stated that "it is requested on behalf of the public that the request be rejected as it will not add anything new to the file."

At the conclusion of the hearing, it was decided to refer the file back to experts to obtain a supplementary report to determine issues such as the status of negligence and the causal link, in line with the deficiencies noted.

The new hearing date was set for July 10, 2024, at 14:00.

WHAT HAPPENED?

17-year-old Eren Eroğlu, who worked as an office clerk at TDS Advertising Firm, was sent to Esenyurt Private Doğa Hospital for a sign repair job outside of his duties. Eroğlu and his foreman, Haydar Sakcı, reported the danger they noticed to their firm as soon as they began installing the sign.

The firm told them to stop working and that they would send a crane.

While they were folding the collapsible ladder, the electric current jumped from the high-voltage line from a distance of 6 meters, even though there was no direct contact, and Eren Eroğlu, who was at the tip of the ladder, was electrocuted and lost his life.

The trial, which began in 2014 at the Bakırköy 3rd High Criminal Court following the incident, concluded in 2019.

TDS Advertising Manager Erol Mutlu was sentenced to 3 years and 4 months in prison, while Foreman Emin Telbisoğlu, Private Doğa Hospital Operations Manager Ulucan Köse, and Esenyurt Deputy Mayor Mustafa Akbuğa were each sentenced to 3 years in prison.

Following long struggles by the Eroğlu family, who argued that the 'origin of the chain of negligence' was the building owner Uğur Karahan, the 19th Criminal Chamber of the Istanbul Regional Court of Justice filed a criminal complaint.

Based on the indictment prepared by the Büyükçekmece Chief Public Prosecutor's Office, a case was opened against Karahan at the Bakırköy 10th High Criminal Court for causing the death of Eren Eroğlu and the injury of Haydar Sakcı by negligence. The first hearing of the case was held on April 20, 2022. The defendant, Uğur Karahan, did not attend the hearing.

News Source: Kübra Karasu