In the case of Pamukkale Express, the acquittal was upheld by the Supreme Court of Appeals: Kütahya 9. The decision of acquittal of the Assize Court was upheld by the Supreme Court. Supreme Court 21. The Penal Chamber, unanimously, decided to adopt the provisions concerning the acquittal while refusing the appeal against the verdict on the fact that the defendants were not present.
The event occurred on 27 January 2008 at the time of 02: 02 between Kütahya Çoğürler and Değirmenözü. 71322 voyage from Eskişehir - Afyon under the direction of Machinist Bülent Özgül and second mechanic Erdinç Kirit was overthrown as a result of the rupture of Pamukkale Express rails and 9 citizens lost their lives.
As a result of the investigation carried out by the Kütahya Public Prosecutor's Office regarding the incident, a lawsuit was filed with the Kütahya 1st High Criminal Court. Multiple expert reports submitted to the court during the trial process, kazanIt was seen that they contradicted each other regarding those responsible.
On the basis of contradictory expert reports, the court decided to re-report these contradictions and clarify the incident. All the expert reports indicated that a bulon hole formed in one of the rails and that could not be seen in such materials caused an accident. In some of the conflicting reports, it was stated that this crack was not monitored, the risk of accidents was not evaluated and the defendants were flawed.
As a result, the report given by two senior professors and an assistant professor was obtained. In the last report, which was obtained during the process of discussing and eliminating the conflicting reports and which should be kept superior, it was stated that it was not possible for the defendants to see this crack. In the report prepared by three academics, “No fault can be attributed to anyone due to the accident, kazanWhen the form and characteristics of the act are evaluated, there is no intention or negligence, fault or responsibility, kazanIt is not possible to determine the accidental and prior cause of the disease, kazanIt was stated that the foresight of the project was due to an unavoidable reason”.
In the opinion of the Public Prosecutor's Office, by specifying the expert witnesses, the report should be kept on the basis of all the defendants should be considered separately because of the lack of defect should be decided separately. In addition, railroad tracks registered to the railway administration, the defendants paid the defendant's decision to return the defendants had been expressed in the way. The court, in accordance with the opinion of the prosecutor, decided to acquit all the defendants separately.
Kutahya 1. Lawyer Salih Ekizler, the lawyer of the Association of Compound Transportation Employees, undertook the defense of the case in the Assize Court. Although the court's request to be intervened was rejected by lawyer, Lawyer Hakan Vatandaş and YOLDER Chairman Özden Polat, the Legal Adviser of the Association for Solidarity and Solidarity of the Railway Construction and Operating Personnel (YOLDER), also closely followed the trial process.
Kutahya 1. The decision of acquittal of the Assize Court had been appealed to the accused by the participants. The case was discussed in the Supreme Court 12. The Penal Chamber decided unanimously to approve the provisions regarding the acquittal while rejecting the objection to the court decision that the defendants did not have any defects. The decision on the acquittal of nine TCDD employees, including YOLDER members Hasan Uğur, Tarık Yalçın and Mustafa Kurnaz, was confirmed and finalized.