Three former Kosovo Telekom leaders cleared of charges concerning Z-Mobile contract

Former chief executive of Kosovo Telecom, Agron Mustafa, former PTK chief executive chief Ejup Qerimi, and former chairman of the PTK Board of Directors, Raja Gjonbalaj, have been acquitted of charges concerning the contract with Z-Mobile.

In the case known as “Post”, they are accused of misuse of official position or authority as allegedly causing Kosovo Telekom a loss of nearly 30m euros, in terms of the contract with Z-Mobile, reports the “Justice Vowtim”.

According to court chairman Lutfi Shala, this court does not find that the accused committed criminal work. He has said that after hearing two injured persons, witnesses and material evidence, the Special Prosecutor's claim has not been confirmed.

“Indeed, a contract has been entered between the two PTK and Z-Mobile companies. All actions undertaken by contracting parties, the court has claimed these actions were taken to resolve disputes that had both sides, but since both sides had different claims regarding the contract, the parties have been addressed ARKEP, who has made his decision PTK to reserve the 457 digits where the court has proven that PTK has shared this numeration for Z-Mobile.

For the court there is no element of criminal activity “the misuse of official position or authority”, Judge Shala has declared. Otherwise, the Constitutional Court in Pristina, in December 2018, had rejected the indictment against Agron Mustafa, Ejup Qerim, and Rexhe Gjonbalaj. According to this act, on December 7, 2018, throwing the charge against them was because it was not proven that the accused committed the criminal work they were charged with. But, in February 2019, the Court of Appeals had approved the Special Prosecutor's complaint of the Republic of Kosovo (PSRK), exercised against the court's act of first degree in the case of former Kosovo Telecom leaders Agron Mustafa, Ejup Qerim and Rexhe Gjonbalaj.

Thus, Appeals has estimated that the case against former Telekom leaders who are being charged with corruption should be tried because, in advance, the first degree court had rejected the indictment against them. The Special Prosecutor of the Republic of Kosovo (PSRK), on August 17th 2018, had filed an indictment against Ejup Qerim, Agron Mustafa and Reja Gjonbalaj, claiming that the same had committed criminal work “the misuse of official position or authority”, by Article 422 KPRK's.

According to the indictment, from February 19th 2015, when Agron Mustafa was elected to the position of PTK Executive Chief until May 24th 2017, even though he had not been competent in the dispute between PTK and now the damaged DARDAFON.net ( Z-Mobile had linked the agreement to execute the final arbitrage decision.

With that action, according to the prosecution, delays were caused in the licensing of Simcards, had not supplied the numeration block, and had not given the 3G and 4G services to the injury.

Although, for this contract, for criminal work “the introduction of harmful contracts”, with the conviction of the cut form in June 2011, five people had been released, and even though the regulatory authority of electrical and postal communications, now the damaged Z-Mobile had been allowed to use the non-geographic numeric number of 045, the same ruling had not implemented.

In this way, as the prosecution claims, despite the damage to the settlement efforts and the elimination of possible arbitrage, Mustafa had not taken any action in this regard.

Always according to the indictment, Mustafa, in the arbitrage procedure had committed the company “Studio”, to represent the company in arbitration, in which Arbitrazhi's international court procedure had been decided in behalf of the injury. According to these Mustafa actions, the prosecution is claiming, that PTK was obliged to pay the injured Z-Mobile 32.856.407.28 euros, without counting the other expenses of the arbitrage procedure, worth over 500,000 euros, and 65,000 pounds.

Regarding this dispute between PTK and Z-Mobile, both in local courts and in that of arbitrage, after which judicial procedures, PTK had damaged millions of euros, except for Mustafa, for the period 2012-2014, is being charged by PTK chief executive chief Ejup Qerim, and PTK Board of Directors Chairman Rexhe Gjonbalaj.

According to the prosecution, the same have misused their official duties, at the expense of the Z-Mobile injury, and also by causing damage to PTK.