Former Judge Tolaj declared innocent of abuse of duty, sentenced by her son

Former Judge Tolaj, in the act pronounced Friday at the Foundation Court in Ferizaj, by the chairman of the court, Ibrahim Neziri, has been acquitted of all points of the indictment he was charged with.

However, her son, Noble Tolaj, has been sentenced to a unique sentence of four years and six months in prison, after being convicted of two criminal acts <x0 influence subsusion” and “falsification of the document”.

For the criminal exercise of influence, he has been sentenced to three years in prison, while for counterfeiting documents he has been sentenced to two years in prison, but to him, he has later been pronounced a unique sentence of four and a half years in prison.

Gent Tolaj, the time spent in detention from January 13th 2017 to July 07th that year, will also be calculated.

Innocent has also been declared the police official, Granit Sheheaj, who was charged with criminal work for help in exercising influence.

The case is targeted for visa liberalisation, the Justice Vow reports.

Otherwise, at the session held on July 11, where the final word was expected to be given in this case, prosecutor Rasim Maloku had brought a changed and fulfilled copy of the charge before the court.

Prosecutor Maloku, in that hearing, had said he appreciated that there was a change in the actual situation and made a difference and expansion of the indictment.

“Based on Article 350 and 351 paragraph 1 of the KPP following a comprehensive assessment of all evidence I have considered that it is necessary to make the changes and expansion of the prosecution at this stage of procedure and to be prepared in written form by a copy I am handing over to the parties in procedure and the body”, prosecutor Maloku had said.

In the amended indictment, it was said to be drawn from prosecution against the noble defendant Tolaj, only for criminal activity “ownership, control or authorised possession of weapons”, by Article 374 pars. 1 of the KKP, described at 5th point in the initial indictment of October 9, 2017, because according to him, the defendant has not been proven to have committed that crime.

On the other hand, the amended indictment says that against former Judge Safete Tolaj, the three point of device she was accused of forging the official document, from Article 434 par.1 of the KKP, with the same argument that, according to prosecutor Maloku, during the trial review, it has not been proven that the defendant committed that criminal act.

According to the amended indictment, now Noble Tolaj, in terms of the first device, which concerns the case of Agron Kelmendi and Agron Ahmetgekaj, in the civil-juridical case Cnar.74/12, where, according to the prosecution, he had allegedly sought from Agron Kelmendi and Agron Kelmendi many of the 20,000 euros in order to exert influence on the decision of Judge Safe Tolaj, and then hired to exchange a land of 3.70s in the name of Ahmeta Kelmen, and a lot of 2000, in order to charge of the first act of the criminal work, 35x1] by KCH31P, the KCHCHCH, in effect.

While, the point where he was charged with criminal activity “ownership, control or authorised possession of weapons” was withdrawn from Article 374 pars. 1st KKP. However, the prosecution points regarding committing criminal work “falsification of official documents”, from Article 398 par.2 related to par.1 of KPRK, remain the same.

Regarding the prosecution's points against the former Judge Safete Tolaj, where she was charged with three criminal acts, such as <x0, wrongful use of official position or authority<x1, by Article 422 par.1 of KPRK, “inversity or hiding of archive material”, by Article 416 of the KPK, and to <x4falsification of the official document<5>, from Article 434 par.KP, described at the three-point letter point of the October 9, because the prosecution of the Commission proved that Ferry was not a criminal offense.

And for the third defendant, Officer Granit Sheheaj, the work was renamed and he will not be tasked with “misusing official position or authority”, but as performing criminal work “helping influence”, by Article 431 par. 1 connected to KPRK Article 33.

In contrast, according to the first indictment, Safete Tolaj was charged that at the Constitutional Court in Pec, the Decan branch, with the aim of benefiting wealth for itself or for the other, respectively, for the noble defendant Tolaj, has misused its official authority.

According to this indictment, after the defendant on January 2, 2017, had appointed the detention for a defendant until the brave defendant Tolaj and Granit Shehaj meet and the latter exploits the official task exceeds his competencies and grants him the total of 1,900 euros to influence the defendant, who later on January 10, 2017, the detention measure replaces it with a measure of bail.

On the other hand, the indictment said that the defendant Safete Tolaj, until January 13, 2017, has hidden the archives of the Foundation Court in Pec, the Decan branch, so that original files of this court have been found in the house of the same court, which had their place in the tribunal's archive.

All the time, according to the indictment, the defendant until January 13th 2017, at the Supreme Court has enabled fellow defendants Tolaj, the drafting of official documents and documents, so that the latter exploits the position of the defendant and, with its knowledge, uses the stamp and official paperwork in which he introduces false content.