Trial begins for 10 defendants in Halit Yukay's death; captain denies collision despite evidence suggesting otherwise.
The trial of 10 defendants regarding the death of businessman Halit Yukay (43), whose boat set sail from Yalova to Bozcaada and was later found broken and partially submerged, has begun.
During the hearing, ship captain Cemal Tokatlıoğlu stated in his defense, “We were sailing with three ships in a row. There was approximately a 1.5-hour distance between us. During this time, there was no warning from any radar or radio.”
He continued, “On the radar, I saw two ships ahead and a few ships drifting within a 20-kilometer radius. While sailing, I noticed what looked like trash on the left side of the ship, which I assessed as pieces of garbage thrown into the sea.”
Tokatlıoğlu added, “Later, when I saw wooden pieces on the right side of the ship, I maneuvered. I remember seeing something resembling a life buoy while maneuvering. But I did not hit any object.” The court decided that Tokatlıoğlu would be subject to a travel ban and judicial control, while the other defendants would be tried without detention.
Halit Yukay's boat, named 'Graywolf', set sail from Yalova at 15:10 on August 4. His body was found on the 19th day of search operations, 7 miles off the coast of Erdek, at a depth of 68 meters.
The Turkish Navy's 'TCG Işın', one of the two rescue and support ships that arrived in the area on August 26 to recover Yukay's body, could not anchor for three days due to adverse weather conditions. After the wind subsided and the ship was stabilized, operations began on August 29. The body, first seen by the sea police on August 23 and then by the Naval Forces Command on August 28-29 using an unmanned underwater vehicle (ROV), was identified at a depth of 68 meters by the watch on its left wrist. The body, which was seen to have a 'blue-banded watch' on its left wrist, was compared with footage showing Yukay leaving Yalova Port on his boat to go to Bozcaada. The examination of security camera footage confirmed that the same watch was on Yukay's left wrist.
Yukay's body was recovered on September 3, 30 days after he went missing, by specially trained divers from the TCG Alemdar rescue ship. The body was lifted from a depth of 68 meters using an elevator system and was buried on September 6 after an autopsy at the Bursa Forensic Medicine Institute and a prayer held at the Marmara University Faculty of Theology Mosque in Istanbul.
As part of the investigation conducted by the Bandırma Chief Public Prosecutor's Office regarding Yukay's death, the radar movements of the cargo ship 'Arel 7', which is alleged to have collided with Yukay's broken yacht, were examined. The Coast Guard team's investigation revealed scraping marks on the front of the bulk carrier. The Yalova Chief Public Prosecutor's Office scrutinized the ship traffic in the area and the route of 'Arel 7', noting the scraping mark on the ship.
Footage of the moment the bulk carrier 'Arel 7' arrived at Izmit Port, believed to have collided with Yukay's boat, also emerged. In the security camera footage, at around 04:00 on August 5, captain Cemal Tokatlıoğlu and the crew were seen disembarking the ship at 04:17, walking to the bow, and looking at the ship, then stopping at the port bow and looking at the ship again. These images, along with photographs showing distinct scraping marks on the ship, were included in the investigation file.
Two photographs showing the scraping marks were also included in the investigation file. In a photo taken a day before the accident in Çanakkale, no marks were visible in front of the ship, while in a photo taken on August 5 in Izmit, where 'Arel 7' was delivering its cargo, distinct marks and impacts were noted.
Cemal Tokatlıoğlu, the captain of the bulk carrier 'Arel 7', which is alleged to have collided with Yukay's broken boat, was detained in Yalova on charges of 'causing death by negligence' and was released under judicial control with a travel ban. Following an appeal by the Yalova Chief Public Prosecutor's Office, Tokatlıoğlu was detained again in Istanbul on August 10 and arrested. It was learned that he was released by the Erdek 3rd Criminal Court of First Instance on October 23.
In the indictment prepared by the Bandırma Chief Public Prosecutor's Office, ship captain Tokatlıoğlu faces charges of 'causing death by negligence' with a sentence of 3 to 9 years, while company official Arda G. (45) and crew members Ahmet S. (58), Erhan E. (52), İsa A. (52), Metin S. (50), Muhammet F.G. (27), Oğuzhan D. (27), Ramazan D. (56), and Tahir B. (60) face separate charges of 'causing death due to failure to fulfill assistance and notification obligations' with sentences ranging from 1 to 3 years.
The case regarding Halit Yukay's death has begun to be heard at the Erdek 2nd Criminal Court of First Instance. The hearing was attended by the defendants as well as the lawyers of the parties involved. In his defense, ship captain Cemal Tokatlıoğlu stated that he had been serving as a captain at this company since 2005, saying, “I had never experienced such an incident before. On the day of the incident, I went to take over the watch at 16:45. After taking over the watch, I checked the devices. There was no problem with the radar, AIS, or radio. We were sailing with three ships in a row. There was approximately a 1.5-hour distance between us. During this time, there was no warning from any radar or radio. I saw two ships ahead and a few ships drifting in a 20-kilometer radius on the radar. While sailing, I noticed what looked like trash on the left side of the ship. I assessed it as pieces of garbage thrown into the sea. Later, when I saw wooden pieces on the right side of the ship, I maneuvered. I remember seeing something resembling a life buoy while maneuvering. But I did not hit any object.”
Tokatlıoğlu, who stated that he saw wooden pieces while maneuvering to be sure, said, “I did not have any suspicion of an accident. However, since I deviated from my general sailing route due to the maneuver, I informed the company official Arda G. Because there was no notification from any device and I did not observe any evidence of an accident, I did not think there was an accident and continued on my way. While heading to Kocaeli, the Coast Guard instructed us to anchor the ship in Yalova. At that moment, a boat belonging to the Coast Guard approached us and stopped us. They told us to anchor the ship in Yalova. Until that moment, I did not know what the issue was; I learned in Yalova. I did not believe it because I found no evidence during my checks. However, no matter how much I tried to express myself, I could not make myself heard.”
“I DID NOT SEE THE COLLISION OR THE PAINT MARK”
Tokatlıoğlu stated that he did not accept his statement taken at the Coast Guard Command, saying, “My statements to the public prosecutor and in court are valid. It is not true that I left the scene without informing anyone out of fear. I did not see the collision or the paint mark on the ship. But even if we hit wooden pieces or something else, they could also leave a paint mark on the ship. If the two ships I mentioned had been involved in an accident, it would not have been possible for me to see them because there was a 1.5-hour distance between us. Regarding my looking at the bow of the ship when we arrived at the port, there have been statements that I examined the ship regarding the accident. The second captain and I check the bow, middle, and stern of the ship while loading and unloading. This is one of our duties. I did not check for marks on the ship. I do not accept that I had an accident and the charges against me. I request my acquittal,” he said.
“IT IS PROHIBITED TO PAINT AND REPAIR IN TURKISH PORTS”
Second captain Muhammet F.G., who stated that he was resting at the time of the incident, said, “I serve as the first officer, that is, the second captain, on the ship. My primary duty is to load and unload cargo and assign personnel. I was resting at the times of the incident. I do not accept the charges against me. According to the law, it is strictly prohibited to carry out painting and repair work in Turkish ports. Therefore, it is absolutely false that we carried out painting work on the ship. When there is any problem on the ships, it belongs to the first captain. However, if something happens to the captain, it falls to the first officer, that is, to me. I have no fault in this incident. I request my acquittal,” he stated.
“I DID NOT MAKE ANY NOTIFICATION BECAUSE THE CAPTAIN STATED IT WAS NOT
Source: www.denizhaber.com
