Qemajl Mustaf of the PDK postponed hearing, accused of abuse as chairman of Gjilan

Initial review has been postponed, envisioned for Tuesday at the Foundation Court in Gjilan, against former Gjilan leader Kemal Mustafa, charged with criminal work “the misuse of official position or authority”.

This session has been postponed at the request of accused Mustafa, who has said he has not yet received the indictment from the prosecution and that he should engage a defence attorney.

The accused's request for the postponement of the session has not been rejected by state prosecutor Saban Spahiu.

After that, the chairman of the court, Naser Maliqi, has made an agreement that the hearing will be postponed on November 6, 2017, by 1300.

The former head of Gjilan, Qajel Mustafa, of the Founding Prosecutor in Gjilan, is charged that being in the quality of the mayor of the Gnjilan municipality, with the aim of gaining wealth for himself or the other person, or causing harm to the other person, has exceeded his competencies.

According to the indictment, Mustafa allegedly committed the criminal act since May 23, 2012, as mayor of the municipality, on behalf of the public contracting authority of the former Regional Company for waste (KRM) “ ”, Gjilan, has signed the Public-privat Partnership Agreement for the establishment of the joint share company <3> Eco Higyna”, with private contracting authority Christian Moser “ECO Vision”, in Gjilan.

This move, the former head of Gjilan, had made it over the unification of resources and capital in proportion to 51 % for the private partnership and 49 % for that public, which the action had based on the No.03 Law. L-090 on Private Public Partnership.

However, according to the act, Mustafa had done this contrary to the legal provisions in force, because the higher law was abolished on October 21, 2011, with the release of Law No.04/L-045 on the Public Private Partnership.

Always according to the indictment, the defendant as contracting authority had not acted in line with the legal provisions and conditions of the agreement on private public partnerships, respectively, to ask for private partnership contracting authority to meet the obligations it has made with the agreement to realise pledged investments.

In addition, the indictment reportedly did not meet the investment agreement pledged to raise 1,500,000 euros for the period between 2012 and 2013 and 2014, but has only realised investments in many of the 542,243,45 euros, while failing to meet the amount of investments of 957,756,55 euros -- that has negatively affected the probability of the respective subject.

In this case, defendant Mustafa is not taking the initial measures by law as well as not taking advantage of even the right under Article 16 of this agreement to cut off partnership due to violations of obligations from the other private partnerships, as well as neglecting to submit annual reports about this public-private partnership has caused material damage to public partnerships, respectively, the KRM “Higina”

Otherwise, former head of the Gjilan municipality, Kemal Mustafa, is charged in another case, where along with 38 other persons, charged with criminal acts <x0). Organised crime”, “use of official position or authorisation” and “the mismanagement of authorisations in the economy”.