Supreme turns the case of Naser Pajasitaj into retrial, sentenced to life in prison for the murder of Donjeta Pajaziaj

This, after the Supreme Court of Kosovo has marred both acts of the Constitutional Court in Pec and the Court of Appeals, reports “The Justice Vow”.

Naser Pajasitaj was charged with being brutally deprived of life on November 9, 2015, in the mountains of the Decani municipality of Strellci, by gun, now the late Donjet Pajasitaj.

After in the first case, the accused Pajazitaj had been acquitted of the prosecution, the Court of Appeals had turned the case into a retrial where, after this process, the Foundation in Pec had sentenced him to life imprisonment.

And the act of foundation had subsequently confirmed the second instance, respectively.

But the Supreme Court has approved the defendant's complaint, and under official duty it has annulled the two preliminary judgments.

The Supreme Court has found that the two judgments have been involved in substantial violations of the criminal procedure's provisions, due to the failure to justify the rejection of proposals made by the defendant's defender.

The “specifically no reason has been given except that no invitation has been given, in the quality of witness Haydije Kelmendi, in terms of communications received, respectively, through information accepted through a citizen of Germany, and this information would certainly light up the criminal case”, says in the Supreme Decision, which has provided “The Votation for Justice<3>.

It says that the first-instance court has provided insufficient reasoning to the owner of the telephone number allegedly contacted by the deceased and another person.

The Supreme has found that it is necessary to explain the aspect of camera activism, why there is no continuation of film time.

As for the list of calls related to the defendant's whereabouts, which has been new evidence under the First Court, the Supreme Court has asked an expert on the corresponding issue to clarify the fact that antennas are active on a critical day.

The Supreme Court has also estimated that the first - degree court had to detailedly reason on the accused's clever way of acting on the occasion of his now - deceased life deprivation.

The Peja Court will invite witness Haydije Kelmendi to explain the information accepted through “viber”, on the part of the unknown person, to explain how the camera posted at Nedi Jusey's house worked, to record a continuous or movement of the objects, and to appoint the telecommunications expert to explain which territory the Zlapek covered, and which covers the Shrecll antenna, and the Bpecrecquet Krects, as it is now said.

Otherwise, the Constitutional Court in Pec, in March 2018, accused Naser Pajaziaj in lack of evidence had cleared him of charges of the murder of Donjeta Pajazitaj, but after the prosecution complaint, the Court of Appeals had turned the subject into a retrial.

After returning to the retrial, the first degree had estimated that Naser Pajazitaj's phone call has been one of the main tests that have influenced the same to be sentenced to life imprisonment.

Under the trial taken on March 25th 2019 by Judge Kreshnik Radoniqi, it is said that this court has concluded that through evidence administered in the main review that accused Naser Pajaziaj has sly deprived his life, now the late Donjeta Pajaziaj.

In the first instance, the new test has been the list of calls from the defendant who made the critical day, with the antenna activated, which covers the Stralci Mountains.

To prove that the accused's alibi is false, as well as to connect the accused to the scene on Strellci Mountain, the court through the ordinance has provided a police report regarding the drafting, which was not conducted during the investigation. From the police report regarding the accused's calls after Donjeta's disappearance, it turns out that the accused at 15:19 has called witness Zeqir Zeqaj. At the time of the call, the antenna had been activated in the village of Zlatek, named “Zlapek I”. This antenna, according to the police report and verified by the “legal office report PTK Vala”, also covering the Strellci Mountains, the exact location where the victims were found”, is said to reason on this act.

In the written judgment, the statements of the accused Pajasitaj concerning the critical day prove to be false.

The statement of the accused Naser Pajasitaj on the critical day that after the burial Shefqet Zeqas, around 14:15 or 14:30, has returned home, has had lunch, has had lunch with his wife, and by 1500 or 15:20 had witness Zeqaj had come to take him and his wife and have gone to Pec to get some money that his daughter had sent him, according to the Court does not prove to be real. From PTK-Vala's data doesn't result in that. At 15: 19 a.m., the accused with his phone number called Zecir Zeqaj's phone number and activated the antenna in Zulupek, not in Strelc or Lubeniq, as the nearest antenna from his house, which usually activates. Antena in Zlatek, as noted, also covers the Sherllz Pea, the very spot where the victim was found. Witness Zeqaj refuses to have talked on the phone with the accused, but the list is available and it's inevitable that the call has been made. Therefore, the court of witness Zeqaj does not pardon his faith” is highlighted in the reasoning of the Foundation Court in Pec.

It says that when accused Naser Pajasitaj, in his car, has now taken the deceased and has sent him on his way to the Strellz mountain, the antenna, which covers this very mountain and that the site where the victim was now found, was accessible to the type “Jip” car, which the accused had charged.

According to the Basic Prosecutor in Pec, Naser Pajasitaj was charged on November 9th 2015, about 14:30 on the Strellci Mountains of the Decani municipality, with weapons, brutally deprived the late Donjet Pajaziaj of life. While the deceased has been going to work on foot, there goes the defendant with his car, takes the deceased, takes him to the high mountain, where he originally cuts out of his life by shooting twice in her head, and then losing the same track, covers him with some trees and leaves the scene. The body of the deceased is in over a month.

With that, Pajasitaj was charged with committing the criminal offence of “serious murder” by Article 179 par 1 points 1.4 and 1.12 of KPRK.

The same indictment was charged with the criminal offence of “ownership, unauthorized possession of weapons” by Article 374 par 1 of KPRK, conscious of an automatic weapon, hunting rifle, 12 rounds and a type <x2 weapon. > AK 47”