A verdict has been announced regarding nurse Hazel Dırık Bağrıyanık, who was being held in custody while on trial for abusing a baby in an incubator at a neonatal intensive care unit in Kahramanmaraş. The court sentenced Bağrıyanık to 5 years and 10 months in prison for the crime of "intentionally causing injury resulting in a bone fracture to a person who cannot defend themselves physically or mentally, by abusing the public office held."
In the case heard at the Kahramanmaraş 10th Criminal Court of First Instance, the judge did not apply any discretionary reduction, citing that the defendant's sincere and genuine remorse could not be established. It was also decided that Bağrıyanık would remain in custody.
The incident took place in 2021 at the neonatal intensive care unit of the Kahramanmaraş Sütçü İmam University Health Practice and Research Hospital. Deniz Esin Bozoklar, the daughter of Abdullah and Sema Bozoklar, who was born at a low birth weight, had been placed in an incubator.
According to the case file, Bağrıyanık, who was the nurse on duty on May 26, 2021, abused Deniz Esin Bozoklar when the baby became fussy during a blood draw. In the incident reflected in the security camera recordings, it was alleged that the baby's head was struck and her leg was squeezed during the 14-minute procedure. It was stated that a fracture occurred in the baby's leg during this time.
After the abuse of the baby was noticed by another nurse on May 31, 2021, the hospital administration terminated Bağrıyanık's contract. Following a judicial investigation, a lawsuit was filed against Bağrıyanık for the crime of intentional injury.
PROSECUTOR REQUESTED INCREASE IN SENTENCE
Attorneys for the parties attended the 15th hearing of the case. The detained defendant, Hazel Dırık Bağrıyanık, connected to the hearing from prison via the SEGBİS system and requested her acquittal by reiterating her previous defenses.
In his opinion on the merits, the public prosecutor stated that when the camera recordings, forensic medical reports, and the scope of the file are evaluated together, it is established that the defendant committed the crime of intentional injury. The prosecutor requested an increase in the sentence on the grounds that the crime was committed against a person who could not defend themselves physically or mentally by abusing a public office, and that a bone fracture occurred.
Stating that she did not accept the prosecutor's opinion, Bağrıyanık argued that there was no causal link between her actions and Deniz Esin Bozoklar's disability in the reports received. The defendant requested her acquittal and release, saying, "I am very sorry for what I did, and this remorse will last a lifetime."
The court panel, evaluating the defendant's defense and the evidence in the file, sentenced her to prison. In the verdict, it was decided not to apply a discretionary reduction to the sentence and that Bağrıyanık would remain in custody.
News Source: 12punto
