The second hearing of the case against 47 defendants who allegedly caused the deaths of newborn babies by transferring them to the neonatal units of contracted private hospitals in Istanbul for unjust profit and engaging in faulty behaviors was held. The hearing took place in the conference hall due to the insufficient capacity of the Bakırköy Courthouse's 22nd Heavy Penal Court. At 10:35, 26 detained defendants, including Fırat Sarı and İlker Gönen, along with 21 non-detained defendants and their lawyers were present. Some non-detained defendants participated in the hearing via the Audio and Video Information System (SEGBİS). REQUEST FOR RECUSAL OF JUDGE FROM LAWYERSDuring the hearing, moments were highlighted when the lawyer of detained defendant İlker Gönen stated that the hearing prosecutor and the investigation prosecutor took a photo and shared it on social media. Gönen's lawyer Aydın Mantar said, "We request the withdrawal from the case due to the photo taken by Prosecutor Kadir Kocakaya on social media." In response, Prosecutor Kocakaya told Mantar, "The investigation prosecutor is my classmate. Of course, we can meet. There is no point in portraying our meeting outside the hearing as sensational. There is no ruling for withdrawal. If you think I am not performing my duty properly, you can go to the HSK." The defense lawyers stated that witness statements could not be taken until a decision was made by the 23rd Heavy Penal Court, which would examine the request for recusal of the judge. After the ongoing discussion between the court panel and the defense lawyers, a break was announced. HEARING ADJOURNEDAfter a 15-minute break, the hearing resumed. The court panel and the defendants took their places. The presiding judge announced that "After consideration, the hearing is adjourned for the examination of the request for recusal." The file will be sent to the 23rd Heavy Penal Court. The hearing prosecutor requested the continuation of the detention status of all detained defendants on behalf of the public. After the decision to adjourn the hearing due to the examination of the request for recusal, defendant Fırat Sarı made striking statements. "WE WERE PRESENTED AS BABY KILLERS"Sarı stated: "A fictional, fabricated perception has been created about us. How long will this continue? The prosecutor put the Ministry of Justice in his pocket, the Provincial Health Director became the Minister of Health. You erased us from society. We were presented as baby killers. This news must stop. The news about the hearing should have been: 'The trial of individuals accused of causing insurance fraud continues.' However, our trial was conducted through the public." PENALTIES SOUGHT FOR DEFENDANTSIn the indictment, for defendants Fırat Sarı and İlker Gönen, a total of 177 years and 6 months to 582 years and 9 months of imprisonment is requested for "causing death by negligence" in the deaths of 10 babies, "qualified fraud," and "establishing an organization for the purpose of committing a crime," as well as 11 counts of "forgery in official documents." For defendant Gıyasettin Mert Özdemir, it is requested that he be sentenced to imprisonment ranging from 180 years to 589 years and 9 months 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." Additionally, similar prison sentences are anticipated for 44 defendants, 8 of whom are women. The indictment also 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.
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