Turkish prosecutors are seeking prison terms for a commercial vessel’s captain and crew for the death of Mazu Yachts’ founder, Halit Yukay, over the summer. The captain of the cargo ship Arel 7 faces up to nine years in jail, and the crew may receive one to three years.
According to the Turkish media outlet Haberler, the Bandirma Chief Public Prosecutor’s Office prepared an indictment earlier this month. It found that Yukay’s boat, Graywolf, collided head on with the cargo ship Arel 7. The indictment says Yukay’s boat was cruising at full speed, and that he was primarily at fault. However, it also says that the captain of Arel 7, Cemal Tokatlıoğlu, engaged in negligent behavior.
Yukay was confirmed dead nearly three weeks after the collision occurred on August 4. Search and rescue crews deployed late that evening, following Yukay’s family contacting emergency personnel to say he was missing. The searchers discovered the wreckage of Graywolf on August 5 but no signs of the 43-year-old Yukay. Tokatlıoğlu contacted the Coast Guard that day, which led to the search. He reported seeing semi-submerged portions of a boat.
On August 7, the Balıkesir Governorate’s office revealed receiving a tip about Tokatlıoğlu. Additionally, the office indicated that the Coast Guard had evidence of a collision. Scrapes along the bow of Arel 7 matched ones on the remnants of Greywolf. Taken to court under suspicion of causing death by negligence, the captain revealed he “suddenly felt a tremor” while underway on August 4. He also said he believed the floating debris he saw was wood and therefore navigated the ship through it. Notably, Tokatlıoğlu contacted Arel 7’s shoreside representative but not the Coast Guard, despite circling the ship back to the debris site before continuing onward. He denied any collision took place, too, while in court.
The indictment seeks formal charges against Tokatlıoğlu for causing death by negligence. It indicates that while he was on the bridge at the time of the collision, he failed to keep proper watch. Simultaneously, the indictment seeks charges against the eight crewmembers and the shoreside representative. Specifically, they face causing death due to failure to fulfill the obligation to assist and notify. Prosecutors state that no one aboard Arel 7 attempted to look for Yukay, despite knowing a collision occurred. None of them reported the accident to authorities, either.
The indictment reveals that neither Yukay nor Tokatlıoğlu realized a collision was pending. It cites analysis of the wreckage and damage to Arel 7, which concluded that Greywolf was cruising at a high speed. Testimony from one of his friends also revealed that the two were on the phone while Yukay was underway. Phone records confirm that they were still on the phone when the collision occurred. The impact on Yukay’s body revealed he’d been below deck at that moment, and likely had little chance of survival. Regardless, “the accident occurred due to the failure of the commercial ship to perform the necessary lookout duties while Halit Yukay was traveling at high speed,” the indictment reads. “This situation has been evaluated as the main technical cause of the accident.”
The trial will begin in December. Neither the captain nor crew of Arel 7 are in custody, though.
Mazu Yachts has continued operations since Yukay’s death. Yukay’s family issued a press statement through the Ersoy Bilgehan law firm. It appears on Mazu Yachts’ website. In part, it claims that the Arel 7 crew was pressured to remain silent following the collision. Furthermore, it claims that the crew and vessel owner “attempted to obscure evidence.” The statement criticizes “an incomplete investigation or the assessment of an incompetent expert” with determining that Yukay was primarily at fault. It also criticizes the release of Tokatlıoğlu in August and again in October. After his initial arrest in August, a judge ordered Tokatlıoğlu released with a travel ban. Police re-arrested him days later at the Istanbul airport. He remained in jail through October, when another court released him.
“All of these issues have raised concerns in the eyes of the deceased’s family and the public,” the statement continues. “We regret to state that if the Arel 7’s crew had been on duty while underway, and if the ship’s officials and crew had immediately notified the relevant authorities following the collision, Halit Yukay, the late father of two, would still be alive today.” The family adds, “This situation goes beyond individual injustice; it undermines the value of human life and trust in maritime safety.” The family does, though, express confidence that legal authorities will treat the case with “due seriousness and sensitivity.”