Former Minister of Industry and Technology, Mustafa Varank, lost the legal battle against the news article titled "Varank's 'Cousin' Snatches Seaside Land!" published by BirGün reporter İsmail Arı on November 18, 2022.
Arı, acquitted of the charge of "publicly insulting a public official (TCK 125)" in the fourth and final hearing of the case held at Istanbul 2nd Criminal Court, did not attend the trial yesterday (November 28), while his lawyer, Ali Deniz Ceylan, was present.
Lawyer Emine Nur Türkoğlu, representing Varank, also attended the hearing where the prosecutor reiterated the essential opinion given during the hearing on October 24, 2023.
The prosecutor argued that the headline and content of the article, when read by the public, created the perception that an irregular tender process had taken place, implying the abuse of duty and corruption in the tender. The prosecutor asserted that the statements such as "AKP's Mustafa Varank's relative secured another public contract," "Varank's cousin Sedat Varank also won the tender for the Central Ankara project," and "snatched the land" exceeded the boundaries of press freedom and were uttered with the intention to insult the former Minister Varank.
In response, Arı's lawyer, Ali Deniz Ceylan, questioned, "If a journalist doesn't cover the tender news disclosed by the Public Disclosure Platform (KAP), then what news will they cover?" He expressed the difficulty in understanding what the press should report when reading the indictment and the prosecutor's opinion.
Ceylan emphasized that extensive coverage has historically been done on individuals with political connections, such as Süleyman Demirel's nephew. He then requested Arı's acquittal, stating that the elements of the alleged crime were not present.
The court, in its decision, ruled in favor of Arı's acquittal, citing the absence of a defined criminal offense in the law for the charged crime. (HA/VK)
