Request for 'probable intent' rejected again in Rönesans Rezidans trial

The 11th hearing of the trial concerning the Rönesans Rezidans, which collapsed during the February 6 earthquakes in Hatay, resulting in the deaths of 270 people, was held at the Hatay 3rd High Criminal Court. The court panel once again did not accept the request from families who lost their loved ones and the plaintiffs' lawyers to evaluate the defendants' actions under the scope of "probable intent" (olası kast).

The panel rejected the request to take additional defense statements from the defendants regarding "probable intent," citing the "absence of any new evidence that could affect the merits of the case." The court also decided to continue the detention of the 3 defendants; it stated that the decision on whether to obtain a new expert report would be evaluated between sessions and adjourned the trial to October 26.

The hearing was attended by families who lost their loved ones in the earthquake, lawyers for the parties, Istanbul Bar Association President İbrahim Kaboğlu, and Hatay Bar Association President Hatay Tut. Among those who lost their lives in the collapse of the residence, which was marketed with the slogan "a corner from heaven," were footballer Christian Atsu, Hatayspor Sporting Director Taner Savut, and handball player Cemal Kütahya.

The presiding judge stated that the 6th expert report had reached the court and took the statements of the parties. The plaintiffs who lost their loved ones emphasized that the defendants should be punished under the scope of probable intent.

A plaintiff who lost their child in the earthquake said, "I am a complainant not only in this world but also in the next. I lost one child, and I am here for my other child. We buy a house, we die in the house. We go on vacation, we die in a fire. We send our children to school, they die at school. I do not want to die in this country."

The same plaintiff recalled the release of contractor Veli Göçer, who was tried after the Marmara Earthquake and later returned to the construction business, stating that the decision to be made in the Rönesans Rezidans file would set a precedent.

Another plaintiff, who lost three children in the rubble, made a statement in court with photos of their children. The plaintiff stated, "We experienced these things because of someone's greed for money. They didn't just kill my three children; they killed me too."

Cemile İncili, who survived the rubble and stated that she could not reach the bodies of her sister and niece, expressed that they have been struggling for approximately 3 years and 7 months. İncili said, "My reason for holding onto life is for these people to be punished. I am very tired of struggling and searching for bodies."

LAWYERS RAISE ALLEGATIONS OF IRREGULARITIES

The plaintiffs' lawyers argued that there were chain irregularities in the construction process of the building, stating that the collapse was not a "mistake" but a "conscious choice." Lawyer Seher Eriş alleged that there were violations of the law at many stages, from soil surveys to static calculations; she stated that the safety coefficient, which provides earthquake flexibility, was applied as 6 instead of 7, contrary to regulations.

The lawyers demanded the trial of Ebru Deniz, who is said to have prepared an erroneous soil report, and Dudu Coşkun, the manager of the contracting firm for whom a non-prosecution decision was issued. Lawyer Cansu Albayrak pointed out that the lead defendant, Mehmet Yaşar Coşkun, was the head of the Chamber of Architects at the time, stating that it was impossible for the defendants not to know the regulations.

Istanbul Bar Association President İbrahim Kaboğlu also criticized the physical conditions of the courtroom where the hearing was held. Kaboğlu said that holding a trial of this scale in an airless basement did not comply with the right to a fair trial.

News Source: 12punto