Ela Tabakoğlu, a first-grade student who tried to cross the road to catch the bus after school in front of Bilgi Primary School on Köroğlu Street in Gebze district, Beylikbağı Cumhuriyet District, on February 4, died at the scene after being hit by a shuttle minibus. The detained driver İ.C. (46) was arrested, the little girl's body was buried in her hometown, Basat village in Çaycuma district of Zonguldak.
ELA WAS FOUND 'FUNDAMENTALLY DEFECTIVE' IN THE INDICTMENT
According to the accident detection and expert reports included in the indictment, it was noted that Ela Tabakoğlu, who was at the level of the right front door, was in the driver's 'blind spot' and died after being hit by the side of the right front wheel. The accident report prepared regarding the incident was also included in the indictment. In the report, it was stated that the detained defendant İ.C. violated the right turn rules, and little Ela, who lost her life, violated the rule of KTK 68/1-C (Pedestrians on pedestrian paths, crossings or in cases of necessity, behaving in a way that would obstruct or endanger traffic). It was emphasized in the expert report that İ.C. was found to be 'secondarily at fault' in the incident, while Ela Tabakoğlu, who lost her life, was 'primarily at fault'.
"I UNDERSTOOD THE SITUATION WHEN CITIZENS HIT MY VEHICLE"
Driver İ.C., whose statement is included in the indictment, claimed that he was driving a shuttle at school on the day of the incident and that he did not see the little girl coming behind him after moving the vehicle. The driver stated that he noticed the situation when the surrounding citizens hit his car while he was turning right on the road and that he realized that Ela was stuck under the vehicle, and expressed his regret for what happened.
THE DRIVER IS MAINLY FAULTY, ELA IS FLAWLESS
The 4th session of the hearing regarding the incident was held at the Gebze 12th Criminal Court of First Instance. The defendant İ.C., who is under house arrest, the victim's mother Serpil and father Fatih Tabakoğlu, and the party lawyers attended the hearing. Last session, the file sent to ATK regarding the detection of defects was received. The report prepared by the Forensic Medicine Institute (ATK) Extended Expert Board was presented to the court. In the re-prepared expert report, it was stated that İ.C. was primarily at fault and Ela Tabakoğlu was at fault. The defendant declared that he did not accept the adverse matters. Fatih Tabakoğlu, who participated, argued that the defendant's action exceeded the limit of conscious negligence and that he acted with possible intent. He stated that the defendant continued to maneuver the vehicle despite the stewardess's warnings, "Brother, there is a child" and claimed that the incident was murder. He argued that the expert opinion submitted to the file by the opposing party was based on assumptions, that the assessments regarding the child's height were erroneous, and that the determination that there was a blind spot due to the mirrors of the bus did not reflect the truth. Fatih Tabakoğlu demanded that the defendant be punished to the maximum limit.
"HE CONTINUED HIS ACTION EVEN THOUGH HE WAS IN CONTROL"
Mother Serpil Tabakoğlu said that the 6-year-old child chased the vehicle for about 6 minutes and that the defendant continued his maneuvers despite the warnings of the stewardess. He argued that the defendant's continued action despite being in control exceeded the limit of conscious negligence. He also claimed that the defendant ran home after the incident and removed the "Can Turizm" sign from the vehicle. Mother Serpil, who objected to the other party's ATK report and claimed that the request for a new report was intended to prolong the trial, demanded that the defendant be punished at the maximum limit.
The attorney for the participants argued that the defendant was primarily at fault in the incident. He said that the file was previously sent to ATK twice for the purpose of detecting fault, and in both reports, the defendant was found to be primarily at fault.
REQUEST FOR A NEW EXPERT WAS REJECTED
The defendant's defense attorney argued that there were serious technical differences between the expert opinion and the ATK report, and claimed that elements such as crime scene geometry, viewing angles, blind spot, running speed, braking and reaction distance were not adequately evaluated in the ATK report. Stating that there were contradictions between the previous ATK reports, the defense requested that the file be sent to the ITU Traffic Department or the Scientific Committee of the General Directorate of Highways for re-examination of the fault situation and that the judicial control measure in the form of house arrest against his client be lifted. The public prosecutor rejected the request, considering that it would not add any innovation to the trial.
PROSECUTOR REQUESTS UP TO 9 YEARS OF PRISON FOR CONSCIOUS NEGLIGENCE
In its opinion on the merits, the prosecutor's office stated that the defendant İ.C. hit 6-year-old Ela Tabakoğlu, who was in her blind spot, while making a right turn with the school bus he was driving, causing her death. Evaluating that the defendant continued driving for a while despite the warnings, the prosecutor's office stated that the action was within the scope of conscious negligence. The prosecutor requested that the defendant be sentenced to 2 years, 8 months to 9 years in prison and his driver's license be revoked for up to 3 years.
HOUSE ARREST CONTINUES
While the request for the defendant's arrest was rejected, the court decided to continue the judicial control measures imposed on him, such as house arrest and a ban on traveling abroad, and postponed the hearing to 22 October.
