EULEX prosecutor files complaints, calls for the MTP act to be annulled and the case turned into retrial

On November 24th 2017, the Constitutional Court in Pristina had declared a free trial against Fatmir Limaj, Andrew Shala, Nexhat Krasniqi, Florim Zuka, and the Telaku Rescue.

The “Justice Vow” has secured the complaint by Prosecutor Hardaway, who has sent him to the second-instance court, on March 22nd of this year, which he is required to break down the Constitutional Act and turn the subject into retrial. According to the complaint, which includes 42 pages, opposition is based on the failure of the court in the first degree to prove wrong and incomplete in the actual situation, substantial violation of criminal procedure and violation of criminal law.

“The wrong and incomplete confirmation of the actual situation existed when the court had decided not to listen to prosecutor Hakan Ekizer's witness (former EULEX investigators) and others related to the authenticity and acceptance of the oppressed SMS who had been confiscated from Fatmir Limajt”'s house, it is said among other things in the complaint.

According to the prosecutor, this witness could determine that the alleged communications between Andrew Shala and Florim Zuka were true. “Therefore, the prosecution thought it had been essential to hear the testimony of Hakan Ekizer, during the judicial review, since he was among the first examiners of the USB and was in a much better position to be able to provide more reliable information about the authenticity of the memory card { USB<18x1>, among other things, where he was called at Article 361 of the KP, according to the complaint, the court has made a completely wrong and not really the key part.

Also, according to the complaint, the court in the first degree has, in the case of the court, received no testimony from witnesses Ali Aliu, Becir Deda, Musta Dalosh, Bajrush Xhemajli, Sadush Rysha and Arsim Kolshi.

Key evidence of the facts surrounding the 08-006-511 tender, according to the complaint, is communication between the defendants Rescue Teaku and witnesses Ali Ali Aliu, Becir Deda, Mustafe Dalosi, Bajrush Xhemajli, Sadush Rysha and Arsim Kolshi, who have been detailedly handed over during interrogation.

Against all the evidence that has been presented in connection with the 08-006-511 tender, the court does not address any facts or evidence regarding the 08-006-511 tender. He says nothing about the behaviour of defendants Fatmir Limaj and Telaku Rescue during the tender process. The court in its unmistaked written bias, unlike what is required under Article 370 of the KPP, has not mentioned any single evidence, whether proven or not proven in terms of the actual state of this tender, has failed to assess the credibility of witnesses called, nor has he carried out any communication analysis that is the main evidence on these charges”, the complaint said.

In addition, the complaint also mentions the time required for the drafting of the judgment in this case. “The actual case's bias has been announced on November 24th 2017. The trial chamber, consisting of EULEX judge Marie Tuma as chairman of the court, EULEX judge Jennifer Seel and Kosovo Judge Isuf Makolli, as members of the panel.

By the time the sentence was proclaimed, complete reasoning was not complete. On November 25, 2015, the chairman of the court officially left the mission EULEX. The prosecution accepts the court's complete reasoning on March 8, 2018. That's 104 days from declaring judgment. The date of the court's full reasoning was marked on November 24, 2017, as on the same date that the indictment” was pronounced, further in complaint.

According to her, since December 12, 2017, the entire court of reasoning had not been completed. The trial requires a 60-day continuation based on Article 369 (1) of the KPP. The application was approved on December 15, 2017. This is 17 days after the chairman of the court left the mission EULEX. The request for follow-up was made by EULEX Judge Vladimir Mikyla, not by the chairman of the court.

The prosecutor stresses that the request is invalid”, continuing complaints. It says that after EULEX Judge Vladimir Micula has never served as chairman of the court in the current case, the prosecutor stresses that he was not authorised to submit such a request. “In the current case, the prosecutor stresses that the written bias was signed by the chairman of the panel, after leaving EULEX mission and there was no more executive authority within the Republic of Kosovo.

It is irrational that the act of formal writing form be issued on the date of declaring the act of judicial investigation and after it has clearly been recorded in the procession that the full reasoning of the trial will be followed at the right time”, the complaint is said further. It also states that the prosecutor stresses that signing the court's formal written form judgment by a judge who did not own any executive authority at the time of the signing constitutes essential violations of criminal procedure provisions, reportedly by Article 384 (1.12) The KPP. Meanwhile, in the 109-page trial, which has provided “Justice Trust”, it is said that the court has examined and interpreted the provisions of criminal acts for which the accused are charged, the application of criminal procedure provisions, and has assessed the evidence addressed during the trial.

The court, during the trial review on November 16th 2017, had taken the decision by which it had declared the printed copies of several SMS copies, found at Fatmir Limaj's home on the outskirts of Pristina, but for that it had given no excuse, to leave the case for drafting the court. Attorney Charles Hardaway, for the truthfulness of this evidence, had invited many witnesses, but according to the court, the prosecutor failed to argue his claim.

The trial “Sociencies that additional investigations have been needed to prove the origin of the supposed SMS. After hearing all the evidence in this criminal case, the conviction was established that the prosecutor did not prove beyond reasonable doubt his theory that the printed copies of the alleged SMS have come out of HINAVala possibly and are not the product of imaginary” writing, it says in part of the bias. The court has estimated that the statement of the late Mehmet Shkodra, issued at the Anti-Corruption Agency, information from which allegations of mTP abuse have begun, has not been confirmed with other evidence.

According to the court, that statement was conveyed to him The PSRK, on October 20, 2009, and together with it was attended by Shkodra's complaint of corruption allegations in MTPT, dated May 6th 2009. The court has estimated that from witness statements Hasan Preteni, former director of the AKK and Ekrem Demolli, a police officer cleared for investigation into the AKK, it is understood that the AKK's only information, is only Shkodra's statements given to the AKK, without making an expanded investigation, but the same have been handed over to him. PSRK's.

The court has considered Shkodra's statement in the AKK unacceptable, since he has been unable to ask the accused and their defenders questions. According to the court, it has failed to prove Fatmir Limaj has promised Mehmet Shkodra, the Pontesh-Zegovc Street, where, according to the tribunal, it has not been able to prove even with witness hearing Bekim Shkodra, the son of the late Mehmet Shkodra at once. The court has also estimated that, for this tender of this road, it has not been proved to have misused its official position, nor the former chief of procurement at MTP, Nexhat Krasniqi. In the indictment, it is said, among other things, that the prosecutor has not raised to prove that Andrew Shala, in the quality of MTPT adviser, has helped an official person misuse his position about the tender of the Pontes-Zegovc Street.

By contrast, Fatmir Limaj, Andrew Shala, Nedzat Krasniqi, the Telaku Rescue FlorimZuka, following a marathon process, on November 24th 2017, by a court consisting of two EULEX judges and one locals had declared the sentence, under which all the accused had been acquitted of all charges, with charges of certain acts being declared innocent, while others had become outdated.

For point 1 of the indictment, in terms of organised crime, four accused Fatmir Limaj, Nexhat Krasniqi, Andrew Shala, the Telaku Rescue have been acquitted, as the court has assessed that their actions are not criminal acts. However, at the point 2 of the indictment for misuse of official office, the four accused have been acquitted, lacking evidence.

“It has not been proven that Fatmir Limaj, Endrit Shala, Nedzat Krasniqi have used the official task of granting tenders to the company “Talli” and “Intervropa”, the judge Marie Tuma has declared, in case of declaring the judgment. For the point of 3, taking the bribe, Limaj and the others have been acquitted, since it has not been proven that the accused committed this criminal act.

“has not proved that between 2007 and 2012, Fatmir Limaj, Nedzat Krasniqi and Endrit Shala have accepted requests for benefits in favour of giving the tender”, Judge Marie Tuma has declared, in the case of declaring the sentence. The 4th point of the indictment against FlorimZuka for bribery has been rejected, as it has also been signed for the 5, FlorimZuka point as well, has been acquitted of misusing economic authorisations.

For point 6th, Fatmir Limaj for failing to declare the accepted money in the campaign, has been acquitted of the prosecution, as the work has been prewritten. The Special Prosecutor of the Republic of Kosovo (PSRK) had filed a solidised indictment on September 28, 2015, whereby two previous counts of MTP 1 and MTPT 2.

The first instance was set up on December 5, 2012, meanwhile, the second indictment on February 19, 2014, and two initial reviews have been held for both of them. However, with the decision of May 30, 2014, of the then court's chairman, these two cases are united into one, establishing an indictment they have called a consolidation indictment. According to the SPRK indictment, Fatmir Limaj, Andrew Shala, Nedzad Krasniqi have committed criminal acts “organised co-crime”, “the misuse of official position or authority” and “bribe bribing”, Supplicating Criminal Works “organised” and “the mismanagement of the official position or authority”, while FlorimZuka “BUS>; and <x111>; and the bad authorisation “Fatmir Limaj was also accused of performing criminal work “not declaring money for campaign”.