Nedim Şener Acquitted of Charges on "Interesting Scheme"
Allegations of violating the confidentiality of the Ergenekon investigation were now dropped against journalist Nedim Şener. He was acquitted because "elements of crime had not been constituted". Şener was tried un-detained in the scope of this trial and faced imprisonment of up to eight years.
The clandestine Ergenekon organization is charged with the attempt to overthrow the ruling Justice and Development Party government.
Şener, detained in the context of the Oda TV trial, was brought to the Bakırköy (Istanbul) 2nd Criminal Court of First Instance from prison to present his defence for the last time at the hearing on Wednesday (7 December).
Şener said that he published the scheme as the bone of contention of the trial in order to depict the connection between the Ergenekon investigation and the murder of Turkish-Armenian journalist Hrant Dink.
"Even though the intelligence service prepared this scheme they found excuses and told the court they did not do so. These schemes were shown to prosecutor Zekeriya Öz who was in charge of the Ergenekon investigation then by the involved parties one year after I had written the book. However, the Hrant Dink murder and the Ergenekon investigation were not merged", the journalist added.
Şener stated it was not important whether he was going to be convicted or acquitted in this case since light had to be shed on the murder of Hrant Dink.
"In the prosecutor's plea presented at the latest hearing of the Ergenekon trial, the prosecutor affirmed his believe that there was a connection between the set-up of Ergenekon and the Hrant Dink murder but that he had not been able to proof this. These schemes might be the most powerful evidence of the trial but they were not investigated. If I will be punished for this crime, these schemes will be rendered legitimate on a judicial basis for the first time. As a defendant of the Ergenkon trial you will not find anybody else who claims a connection between the Dink murder and 'Ergenekon'".
Judge Hasan Gülver decided for Şener's acquittal because "legal elements of crime had not been constituted".
Charges pressed against journalist Şener
The indictment prepared by the Bakırköy Public Chief Prosecution was based on the article entitled "An interesting scheme from the police" by Nedim Şener published on page 11 of the nation-wider Milliyet daily on 9 February 2009. The indictment claimed that photographs of persons related to the "Ergenekon" investigation run by the Istanbul Public Chief Prosecution were published and that these people were shown guilty. It was also said that these person were stigmatized as guilty by the article and that this did not comply with the conditions of confidentiality. (NV/VK)