Apel also freed Valdrin Luqa of the charges against him

The Court of Appeals has confirmed the free trial against current Minister of Economic Development Valdrin Luka, who was accused of conflict of interest.

While the second-instance court has approved it as a basis for the prosecution's defense complaint in this case, Eljana Naka, lawyer Teuta Zinipotok, cancelling the foundation act and the subject has turned into retrial, reports the “Bettim for Justice”.

The foundation court in Pristina, on July 23rd this year, had acquitted former Trade and Industry Ministry official (MTI), currently minister at the Ministry of Economic Development, Valdrin Luka, of criminal work “interest conflict”.

According to the judgment pronounced by the judge, Judge Hamdi Ibrahimi was said to have not proved that Luca committed the criminal work he was charged with.

Along with Luka, for conflict of interest, former MTI Secretary General Eljana Naka was charged, who from the first degree was found guilty and sentenced to seven thousand euros in fines.
Under the trial, if the fine is not paid within 15 days, that sentence will be turned into prison sentences.

Against this act, the Constitutional Prosecutor in Pristina had complained in Apel, proposing the same to annul the first degree act and turn the subject into retrial.

In her complaint, the prosecution claimed that the act of first degree is involved in essential violations of the procedural provisions, since the court in its reasoning had failed to present clearly and fully what facts it considers to be proved or not verified.

Also, the court with the questioning case has not adhered to witness interrogation rules directly. As a consequence of these violations, criminal law at the expense of the accused” has been violated, the prosecution's complaint said.

The response to the prosecution's complaint had been exercised by Valdrin Luka, attorney Artan Qerinni, who had proposed that Appeals refuse the prosecution's complaint and prove the first degree of bias as based.

The complaint against the first degree of prejudice had also been exercised by the defender of the accused Naka, lawyer Teuta Zinnipotok, who in her complaint claimed that the court had not provided the crucial facts regarding the culinary claim of Mecca.

The complaint claims that no damaged party has been identified in this case and that the financial interest of the accused she herself or any member of her family is missing.

The prosecution's complaint, Apel, has deemed them groundless, while the Naka's defense complaint, the second-instance court, has approved it as based.

As for the alleged violations in the case of the accused Luka, Apel has estimated that the first degree has given clear and complete reasons in her case, when she deemed Luka not a criminal leader.

“According to the assessment of the Appeals Court, the actual situation has been fully confirmed that accused Valdrin Luka has suspended his mandate at the NGO “Jakov Inovation Sener”, on the 1404.2014, when he was replaced with Faton Ajay, while on the other hand we have no legitimate benefit for property or other...”, it is said in the act of Appeal, on October 10th, 2018, which he has secured <x> Justice for <4>

On the other hand, in the case of the fields of Naka, Apel has found that the first scale has not provided crucial facts regarding her guilty claim to the criminal act of conflict of interest.

According to the assessment of the Court of Appeals, the court has presented no crucial evidence regarding the fact that the accused Eljana Naka had any privilege or benefit of any kind for herself or for the other, and that it results from the subject documents that she did not participate in the location as board member and the agreement on understanding 01317 of the date 27.05.2014 was signed by Bernard Nikaj, MTI minister, while from the NGO's side, “Jakov Inovation Center<1> is signed by Faton <x>, the act of Apelfi.

In this regard, Apel estimates that the first-instance court has given no decisive fact that it was charged as an official person at MTI, to have participated in the location.

At the end of her act, Appeals points out that the first degree has given no decisive evidence that the accused Naka has had any privilege or benefit of any kind for herself or for the other and whether she has participated in the location in question, so according to Apel all of these have remained unexplained.

“In the retrial, the first degree court must avoid the above-mentioned violations and reveal all evidence, prove who has acquired illegal property benefits and have caused damage caused, decision making or conflict of interest for itself or the other.”, it is said in the Court of Appeals.

Valdrin Luka was charged that in the quality of the senior official at the Ministry of Trade and Industry (MTI), at the same time head of the Investment Promotive Agency, on March 23, 2014, he had initiated procedures for granting the tools worth 20 thousand euros to the Non-Government Organisation (OJQ) “Jakov Innovation Center”, in which the NGO had been founder.

Meanwhile, according to the indictment, MTI Secretary General Eliana Naka, on 2 June 2014, had decided that the means of 20 thousand euros, were to be allocated as financial support to the NGO “Jakov Inovation Center”, where the board's director had been.