In the Ezgi apartment case, the expert report was not accepted, and a new report will be requested.

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The latest expert report regarding the Ezgi Apartment case, in which 35 people lost their lives in Kahramanmaraş, was not accepted by the court panel, and a new expert report was requested. The hearing has been postponed to December 13.

The fourth hearing of the case, which is being heard at the 4th Heavy Penal Court of Kahramanmaraş, has been completed. The hearing lasted approximately 12 hours, with the detained defendants, the technical responsible M.T. of the building and the contractor Y.A., attending. The interior architect E.D. of the business located under the building participated in the hearing via the Audio and Video Information System (SEGBİS). After the petitions of the participating lawyers were received, the hearing began. After the court president started the hearing, he read the letters requested from the relevant institutions. The court listened to the construction engineer Ş.A., brought by the participating party, as an expert witness. Afterwards, the lawyers asked questions to the expert.

FAMILY LAWYERS REQUESTED A NEW EXPERT REPORT

After the break, the lawyers proceeded to present their statements regarding the report dated 31.07.2024 that had come to the file. The parties presented their statements to the court panel. The lawyers of those who lost their relatives in the Ezgi Apartment requested a new expert report. The lawyers of the defendants stated that the report was obtained by the court and was prepared without any deficiencies, requesting the rejection of the request for a new expert report.

The court president announced that an indictment had also been prepared regarding 7 public officials who had not previously been granted permission for investigation, and that their names would be tried. Later, the defenses of the defendants were heard. M.T., the technical responsible of the building, made his defense and requested the lifting of his detention. E.D., who was making renovations in the business located in the building, also made his defense and requested the lifting of his detention.

LAWYER ERSAN ŞEN: WHAT WILL HAPPEN WHEN WE ARE CURSED?

Lawyer Prof. Dr. Ersan Şen, while making his defense, stated, "We also want justice, but this cannot be achieved through imposition. We want the guilty not to go unpunished, but we also do not want the innocent to be punished. What will happen when we are cursed? If something happens to us or our children, what will it matter to them? At least as much as you, the account of the guilty and the real guilty should be given for the 35 lives lost," he expressed.

"IS THIS REPORT TRASH?"

Lawyer Şen stated that the experts were lynched on social media, saying, "They said the experts covered up the possible intent. Do they not have families? If you have something in your hands, put it behind you and challenge us, but do not leave us under suspicion, this is not right. No one can play with anyone's dignity and honor. Can there be anything worse than saying the experts are bought? It is being shared on social media. Do not waste your breath, abstract talk; there are different ways to object to the expert report. Those people cannot be accused so much because you formed this panel to avoid suspicion. Moreover, an objection could have been made to the expert panel determined before this expert report. Is the report on hold? Is this report trash?" he said.

Referring to the expert witness brought by the lawyers of those who lost their relatives in the Ezgi Apartment, lawyer Şen stated, "The person who was heard as an expert witness in the last hearing followed the hearing until the end. This is against procedure. I invite the court to summon the 5 experts who prepared the expert report dated 31.07.2024 to the hearing," he said.

A NEW EXPERT REPORT WAS REQUESTED

Lawyer Şen frequently emphasized the latest expert report in his statement. Reading the important parts of the 96-page report, lawyer Şen stressed that the report should be accepted. According to the decision made, it was decided to release M.T., the technical responsible for the Ezgi Apartment. The court panel also decided to continue the detention of interior architect E.D. The court panel, which did not accept the latest 96-page expert report, announced that a new expert report would be requested.

ŞEN'S REACTION TO THE DECISION

In a written statement after the court, Prof. Dr. Ersan Şen said, "There is a contradictory decision in the Ezgi apartment case. Is the report on hold? Is this report trash? The court obtained this report, determined the experts, prepared the questions, and no one objected to them; what happened, what changed that the report prepared by three professors, one associate professor, and one construction high engineer was disregarded? Unfortunately, they are trying to influence the case and the file through perception and put it under pressure. Indeed, the experts withdrew from other files due to the lynching campaign initiated on social media. If this report had come as the other side wanted, what would have happened? Who is the victim here? The experts determined and assigned by the court were appointed to the file, and the file was sent to the experts as a whole. These experts, who are specialists in their field, prepared a comprehensive report of complementary nature; the other side objected because they did not like the report, but they could not say anything about the experts and the report they prepared. Why did the court not trust the report it obtained? What is the reason for this? So, will the reports continue to be obtained until the report desired by the other side comes? A warrant was issued based on the report that came to the file during the investigation phase regarding the people I represent, the other defendants were arrested, and now these measures need to be lifted with the report that is favorable. A new or additional report can be obtained, but why are the measures not being lifted?" he expressed.

The hearing has been postponed to December 13.