The prosecution withdraws from the indictment against former head and deputy head of Klokot

A rare practice in Kosovo's justice system has occurred at the Foundation Court in Gjilan on Friday.

This court has received a rejection act in the case in which it is accused of “of misusing the official position”, are former head of the Klokoti municipality, Sasa Mirkoviq and former deputy head of this municipality, Marko Svilanovic.

Until this court's trial came after prosecutor Shaban Spahiu decided to step down from prosecution against Mirkoviq and Svilanovic, arguing that a decision on the same case has already been made on the same issue, and that with another former official of this municipality, Boban Bogdanovic.

Although on Friday, it was the hearing of the court review, which means that the prosecution's indictment has passed its confirmation filters, accused Sasa Mirkovic, at the beginning of this session, stated that in the case he is being tried, he has issued a statement to the police and prosecutor during 2015.

“According to this subject I have issued a statement since 2015 on economic crimes in Gjilan, then I responded to the invitation of prosecutor Arben Kadriu. In this period, the Klokot municipality has presented criminal charges to me, my deputy Marko Svilanovic and Boban Bogdanovic, based on evidence from the economic department, which in this case has ruled us out and Marko, and the indictment has filed only against Boban Bogdanovich”, he said.

Mirkovic stressed that several days ago he compared several subject papers and has managed to realise Friday's court case is the same as the case he has issued for the statement.

I've been comparing bills and other evidence a few days ago and I've come to the conclusion that the same subject and the same in 2015 bills, under which Boban Bogdanovovic is accusus, the same amount and the same Mahx1> bills, ended Mirkovic.

After this statement, case prosecutor Shaban Spahiu asked the court to terminate the trial for an hour and a half to verify the accused's claim.

After the trial resumed, prosecutor Spahiu claimed the accused's claim was based, but stressed that Mirkovic and Svilanovic, in the case in which Boban Bogdanovic was charged, were in the quality of the witness, not as defendants.

After the prosecution's claim, at the beginning of today's court review that the investigation into the same criminal case was conducted in 2015 and resulted in the establishment of a number indictment. PP.I.r. 24/2015, against defendants Boban Bogdanovic, during the pause, has been asked for items in question and subject paperwork has been found to be a criminal case with the PP.I.nr act. 24/2015, on March 19th 2015, the investigation was conducted, not against indictees Sasa Micovic and Marko Svilanovic, but against accused Boban Bogdanovic and defendants Faruk Zuka, meanwhile, has resulted in the dismissal of the investigation against Faruk Zuka, while the prosecutor said.

Prosecutor Spahiu also said that after the trial review, on February 13th 2017, Bogdanovic has been acquitted of the prosecution's complaint, the first degree court has confirmed the first case.

Prosecutor Spahiu added that on the basis of the subject's paperwork it proved to be about the same shipments that Boban Bogdanovic, Sasa Mirkovic and Marko Svilanovovic have been charged with, in two separate charges.

“From the device of the accusatory act, against Boban Bogdanovic and the device of the current indictment of indictees Sasa Mirkovijq and Marko Svilanovic, proves that it is actually about the same issue, respectively, for the same cases of remittances, for supplies to the institutions of the Kloko municipality, number 39, of February 4, speaks remittances number 59 of October 2nd 2013, and talks with the number 60th of October 9th 2013, which are really the same shipments at the same height and at the same supply. While taking into account even other circumstances, before the second-instance court's act has been found that in the court's criminal case against Boban Bogdanovici, the same case has not been proved to have been aimed at gaining wealth for itself or the other, or at causing damage to the Klokoti Komokot” material, Spahiu said.

It's a second-degree opinion that if property or damage is not proven, the elements of the criminal act of abuse of official duty are not shaped. In this phase of procedure for the alleged reasons, the prosecutor concluded.

After the prosecutor withdrew from the indictment filed by him, Judge Agim Ademi, under Article 363 of the Penal Procedure Code, received a rejection act.

Otherwise, the costs of the procedure for this judicial process will fall on the burden of the Kosovo Judiciary Council.

According to the indictment filed by the Founding Prosecutor in Gjilan, December 29, 2016, now accused Sasa Mirkovovic and Marko Svilanovic, are charged that Mirkovovic, being in the position of mayor of the Klokot municipality, while Svilanovic in that deputy mayor of this municipality, with the aim of benefiting his or her rich interest in himself or other, have exploited their authority by overcoming official competencies.

Mirkoviq, is being charged with signing the bill number 1/18 during 2013 on October 2, 2013, and the bill number 1/19 of October 9th 2013, at the height of the 1,834,50 euro price, on the delivery of spare articles for the Klokot Komun Institutions, for which he has then sent the delivery sheet for signatures to supply depositor Boban Bogdanovic.

According to the indictment, this act the accused had done without having passed the items on the supply depot and without offering evidence regarding the distribution of goods for municipal organs, which he is claiming to have caused material damage worth of 3,463, 50 euros.

Point 2 of the indictment, meanwhile, charges defendant Marko Svilanovic, that he has signed the 1/01 bill on February 4th 2013, at the height of the 1,549.50-euro price, regarding the supply of extenuating items for the Klokot municipality administration.

According to the accusation, the defendant Svilanovic has also sent papers for signing to depositer Boban Bogdanovic without going through the supply depot and offering no evidence about the distribution of these articles.

With these actions, he is accused of causing material damage worth 1,549,50 euros.

Otherwise, “Justice Vow” has also reported on the trial in which Boban Bogdanovic was charged.

According to the indictment filed by the Constitutional Prosecution in Gjilan on November 26, 2015, by prosecutor Arben Kadriu, Boban Bogdanovic, was charged with having been a member of the Sanitary goods supply in the Klokot municipality with misusing his official position, with the intent to benefit himself or the other person, he had not performed the duties he had been forced to do.

He had accepted the merchandise from the contractor. NTP “Ermali Com” and the obligation to authorize the same shipment to the destination, but that Bogdanovi had not owned a cover of where he sent the items accepted according to the assetsheets of 5,013.00, the damage caused to the Kllokot municipality.

By contrast, at the September 14, 2016, session of the witness's quality, the review of Bogdanovic and Marko Svilanovic had been declared.

In that session that he reported “Justice Bet”, Mirkovovic had said that the goods that had come to Komuna had been distributed and did not believe there had been misuse on Bogdanovic's part.

He also at that time considered the indictment against Bogdanovic as political.

While Marko Svilanovic, at the same session, making a statement on the quality of the witness, had said that during the time he was deputy chairman of the Klokot municipality, no disciplinary procedure was initiated against Bogdanovic.

Otherwise, Klokoti's former head, Sasa Mirkoviq, is facing many charges of misuse of office, since he is on the basis of the hearings of the Constitutional Court in Gjilan, only this week has he had three sessions on different subjects, of which he is constantly reporting “Betim for Justice”.