Five detained defendants, including Köseler, some unarrested defendants and defendant lawyers attended the hearing at the Anatolian 17th High Criminal Court.
The audience at the hearing applauded Köseler as he entered the courtroom. The presiding judge asked those applauding to stand up.
Since no one in the audience stood up, it was decided to remove all the audience from the hall except the first degree relatives of the defendants.
Witness Enis Güller, whose statement was taken, said that one of the defendants, Ahmet Orhan Taşkıran, came to the municipality and said that they should stop the ongoing demolition, and he told the defendant that they would not stop it.
Stating that they stopped the demolition after the stay of execution decision, Güller said, "Yavuz Ayvaz, Ahmet Orhan Taşkıran and I were together after the demolition. They told us there, 'I got permission from here before, from the authority. You shouldn't demolish it.' he said. When Mr. Ahmet left, he said, 'These are serious statements. We need to record this.' we said. "We tried to understand the situation and kept a report." he said.
Detained defendant Alaattin Köseler, on the other hand, argued that although the evidence and actions in the file remained exactly the same, he was taken to the position of founder of the organization without showing any new evidence.
Claiming that the two indictments of the prosecutor's office contradict each other, that the prosecutor's office did not collect evidence in his favor, and that the indictment was written without taking his statement, Köseler stated that there is no concrete data and minutes regarding the bribery.
Announcing its interim decision, the court decided to release the detained defendant Veli Gümüş under judicial control in the form of "house arrest".
The delegation ruled that other detained defendants should continue in this situation, and that some undetained defendants should be removed from judicial control.
The hearing was postponed to 25, 28, 29 and 30 December to correct the missing issues.
SUBJECT AND INDICTMENT
In the 402-page report prepared by the Beykoz Chief Public Prosecutor's Office, it was stated that the investigation carried out by the Municipality due to the alleged unlawful violations committed by the municipality staff and some company officials participating in the tender processes in the purchase of some goods and services was completed.
It was stated in the memorandum that the principles of openness, equal treatment, competition, accuracy and confidentiality were violated in the procurement of many goods and services made by the support services, businesses, affiliates and social assistance affairs directorates within the Beykoz Municipality, and that alternating offers were received from the same companies that are connected to each other.
In the memorandum, it was stated that there were organic ties at the level of address, kinship and partnership between some of the tender contractor companies and other companies that submitted bids.
In the memorandum, which stated that some acceptances of goods and services were made on dates before the tenders in the form of open accounts, it was stated that there were tenders where payment was made despite incomplete or no goods being delivered according to the municipal stock records.
In the report, in which suspended from duty detained Mayor Alaattin Köseler was considered as the founder of the corruption organization, Private Secretary Veli Gümüş and Private Secretary Metin Ülgey were considered as managers, it was requested that 26 suspects be punished for various crimes.
In the summary, it was requested that Köseler be sentenced to imprisonment from 17 years and 6 months to 67 years and 3 months for the crimes of "establishing an organization to commit a crime", "sequentially rigging the tender through fraudulent behavior", "qualified fraud in a chain" and "forgery of official documents in a chain".
The prepared summary was sent to the Anatolian Chief Public Prosecutor's Office to file a public lawsuit in the high criminal court.
In the indictment prepared by the Anatolian Chief Public Prosecutor's Office against 26 defendants, including Alaattin Köseler, Köseler was requested to be sentenced to a total of 17 years and 6 months in prison for the crimes of "establishing an organization for the purpose of committing a crime", "sequentially rigging tenders through fraudulent behavior", "chained qualified fraud" and "chained forgery of official documents".
Various prison sentences were requested for the other 25 defendants for various crimes.
An additional indictment was prepared by the Anatolian Chief Public Prosecutor's Office. It was decided to combine the indictment with this file.
Within the scope of the indictment, 16 people were listed as "defendants".
In the indictment, the defendant Alaattin Köseler was asked to be punished from 16 years and 6 months to 39 years and 6 months for the crimes of "rigging the tenders of public institutions and organizations", "taking bribes", "extortion by force" and "concealing the illegitimate source of property values". It was also requested that the penalties be increased due to the chain of crimes committed.
In the indictment, varying prison sentences were requested for the other defendants for different crimes.
The number of defendants in the file increased to 40.
ALL ARRESTED DEFENDANTS WERE RELEASED
In its interim decision on the 3rd day of the first hearing, the court decided to release 13 detained defendants, including Alaattin Köseler.
Istanbul Anatolian Chief Public Prosecutor's Office, on the other hand, objected to the release of Alaattin Köseler, Veli Gümüş, Serdar Karahan, Havva Dindar and Uğur İnci with a judicial control decision in the form of a "ban on leaving the country".
Anatolian 17th High Criminal Court, which evaluated the request, stated that the release decisions in question were in accordance with the procedure and law and ruled that there was no need to change the decision.
The court sent the file to the Anatolian 18th High Criminal Court, a higher court, to evaluate the decision and objection in question.
Evaluating the decision, the upper court accepted the objection and ruled to issue an arrest warrant for the defendants, including Köseler.
Thereupon, Alaattin Köseler, Veli Gümüş, Havva Dindar were arrested, and an arrest warrant was issued for the other defendants, Serdar Karahan and Uğur İnci, for whom an arrest warrant was issued.
The defendant Uğur İnci, who was released and later issued an arrest warrant by the Anatolian 18th High Criminal Court, was arrested in the courtroom.
Two suspects who were detained in the second wave operation organized by the Anatolian Chief Public Prosecutor's Office within the scope of the "bribery and extortion" investigation against Beykoz Municipality were arrested.
Thus, the number of detainees increased to 5.
