18.01.2025 18:50
In the case of the 'Newborn Gang,' where 47 defendants, 26 of whom are in custody, are being tried for allegedly causing the deaths of emergency infant patients in Istanbul by transferring them to private hospitals' neonatal units with which they had pre-arranged agreements and for making unjust profits, the request for recusal of the judge by the defendants' lawyers has been rejected.
In the case where 47 defendants, 26 of whom are detained, are being tried for allegedly transferring emergency infant patients to private hospitals with which they had previously agreed, causing their deaths and gaining unjust profits, the request for recusal made by the defendants' lawyers was rejected by the upper court.
During the hearing of the case held at the Bakırköy 22nd High Criminal Court on January 14, the recusal request made by the defendants' lawyers was sent to the upper court, Bakırköy 23rd High Criminal Court.
The upper court, which evaluated the application, decided to reject the recusal requests individually and returned the case file to the relevant court. The hearing of the case will continue with the same panel on February 18.
BACKGROUND OF THE CASE
In the 1399-page indictment prepared by the Bakırköy Chief Public Prosecutor's Office, it is stated that the criminal organization led by defendant doctor Fırat Sarı is managed by defendant doctor İlker Gönen and 112 Emergency Call Center ambulance driver Gıyasettin Mert Özdemir.
The indictment notes that the main purpose of the criminal organization is to eliminate the 112 transfer system of the neonatal intensive care units they took over, ensure their occupancy, manipulate the patients' stages, and receive maximum payments from the Social Security Institution (SGK).
It is stated in the indictment that the condition of the infant patients was shown to be more severe than it actually was, and their hospital stays were prolonged unnecessarily, resulting in high fees being collected from SGK and excess payments being taken from some patients' relatives.
Instead of transferring infant patients to hospitals that would provide appropriate healthcare services, the indictment reports that they were admitted to hospitals chosen by the suspects, which appeared profitable for the organization, and that most of the profits were shared with the defendant members of the organization who are healthcare workers.
The indictment emphasizes that the main goal was to obtain the maximum financial gain rather than improving the health condition of the infants.
REQUESTED PENALTIES
In the indictment, it is requested that defendants Fırat Sarı and İlker Gönen be sentenced to a total of 177 years and 6 months to 582 years and 9 months in prison for "causing death by negligence" in the case of 10 infant deaths, "qualified fraud," and "establishing an organization for the purpose of committing a crime," as well as 11 counts of "forgery in official documents."
Defendant Gıyasettin Mert Özdemir is also requested to be sentenced to 180 years to 589 years and 9 months in prison for "causing death by negligence," "unlawfully obtaining personal data," "fraud to the detriment of public institutions and organizations," "establishing an organization for the purpose of committing a crime," and "forgery in official documents." Similar prison sentences are also anticipated for 44 defendants, 8 of whom are women.
The indictment requests that security measures specific to legal entities be applied to the responsible hospitals and companies that obtained material benefits through the crime of "fraud," including their closure and confiscation of their assets.
As part of the investigation, the licenses of 9 hospitals in Istanbul and 1 hospital in Tekirdağ Çorlu have been revoked, and the infants and patients receiving treatment in these hospitals were transferred to public hospitals by ambulances.
Additionally, those who threatened the prosecutor Yavuz Engin, who is conducting the investigation into the neonatal gang, were also arrested.
FOUR DEFENDANTS WHO WERE NOT DETAINED HAVE BEEN ARRESTED
In line with the court panel's decision during the first hearing, four defendants who were being tried without detention, including doctors Mehmet Gürül and Murat Mantuş from TRG Hospitalist Hospital, doctor Şeyhmus Çelik, and the responsible manager doctor Ali Dirik from Esenler Güney Hospital, have been arrested.
Efforts are ongoing to capture Ali Aksu, the owner of Birinci International Hospital, who is wanted for arrest but is currently at large, as well as nurses Serenay Şenkalaycı and Ceren Hatice Kırım.