5 minutes agoThe plaintiff requires 20,000 euros from Mimoza Kusari-Lila
Periskopi(8 years ago)
(8 years ago)Hasan Berisha, on March 20th last year, had filed charges with former Gjakova Community Chairman Mimoza Kusari-Lila, of which it requires 20 thousand euros in the name of compensation for the damage. Berisha had exercised this indictment on claims that the former head of Gjakova, in a public statement, had slandered him and [...]
This indictment, Berisha had exercised on claims that the former head of Gjakova, in a public statement, had slandered him and insulted him, on the occasion he had mentioned the plaintiff's name as a manipulator of property.
In this case, on Monday at the Constitutional Court in Gjakova, court hearing has been held.
The plaintiff's representative, lawyer Afrim Radoniqi, said that from the preambles of past hearings and evidence attached to the prosecution, the fact has been confirmed that the indictee bears legal responsibility for causing irreparable moral damage to the plaintiffs, since, according to his, indicted by using information tools, has issued statements using slander and insults to the plaintiffs.
The plaintiff's representative, meanwhile, also made the exacting of the indictment's request, demanding from the accused's side the reward of personal damage in the amount of 20,000 euros.
On the other hand, the representative of the indictee Kusari-Lila, lawyer Gazmend Nushi, demanded that the prosecution be rejected as illegal because of the failure to comply with the alternative provision set under Article 12 of Civil Law, which determines the legal precondition before the defamation indictment is filed, which according to him, is “deference to ease the damage”.
On the other hand, lawyer Nushi said she rejects the indictment as a whole and its request, since evidence submitted, respectively, by the printed text of the indictment's statement, there are no elements of slander or insult.
Thereafter, the parties demanded that the final word be presented in written form, so Judge Drillo Harachia was given seven days in order to deliver the final word and then decide on the matter.
According to the plea filed on March 20th 2017, plaintiff Hasan Berisha has indicted former Gjakova municipality head Mimoza Kusari-Lila for damages, in case of statements in the media.
According to the indictment, indictee Mimoza Kusari-Lila, on December 24, 2016, had issued a statement at the Kallxo.com portal, which also included the name of plaintiff Hasan Berisha, where, reportedly in the indictment, has been described as a manipulation of property and as an individual who wants the executive to become his tool of continuing wealth, construction, and others.
On the basis of this statement and some other statements, plaintiff Hasan Berisha claims that the image has been damaged and lynching, so he asks the court to approve by proving the damage caused to the plaintiff and to force the indictee to pay for the damage of 20,000 euros, including the costs of the procedure.
The plaintiff, also requests from the court, that indictee Mimoza Kusari-Lila denounciate slander against the plaintiffs published in the information tools.
