Kosovo doctor accused of corruption plays Qaeda in courtroom

Facing charges of corruption criminal acts, doctor Gani Bayraktari has taken time to counter “with additional challenges, as could the end of the “letter” game.

At Thursday's session at the Constitutional Court in Pristina, the trial has continued in the case known as “Stanta 2”, where he along with 43 other doctors are accused of misusing official duty and taking bribes, reports “Justice bet”.

During this session, where Bayraktari is in the dock of the accused, he has spent some time on his laptop, in which he even developed a “card game”.

At this hearing by the head of the court, Shadiye Grguri, several times has been counseled of the peace - keeping indictees, as well as of reaction when witnessing by witnesses without a court permit.

Otherwise, Gani Bajraktari, Sami Djoka, Faik Shatri and 42 other accused involved in the “case The Stanta 2”, were declared innocent of the charges charged by the Special Prosecutor of the Republic of Kosovo (PSRK), in the initial review that was held on the case in February 2018.

In this case, included were former Health Minister (MSH) Ferid Agani, former MSH Secretary Gani Shabani and 11 other indictees, but the case was isolated in three parts in the initial review.

The trial against former minister Agan and former Secretary Shaban has already ended in the first instance. Agan has been sentenced to two years and six months in effective prison, while Shaban has been sentenced to two years in effective prison. In contrast, judicial process in case “Stanta 3”, where they are mainly involved, directors of private hospital doctors are still in the initial phase.

Indictees in “case Stanta 2”, charged by PSRK with criminal acts of abuse of official position or authority and bribery.

According to the SPKR indictment, there is well-founded doubt that from January 1st 2011 to December 31, 2015, acting in co-ordination from the position of doctors at USKKKUK, they have misused their official positions and authority, in a way that by overstepping their competencies as members of the Cardiology Clinic Consiliar Commissions, knowingly and knowingly have issued reference letters for treatment outside public health institutions of at least 233 persons, even though the same had conducted medical treatments.

According to the indictment, this was done to allow people in question to compensate for expenses from the Ministry of Health, for medical treatment in private institutions, even though, as the indictment says, on the basis of Article 53 of the Law on Health, No,2004/04, February 19, 2014, and Article 16 and 25 of the Law on Health No.04/L-125 of December 13, 2012, the reference letters had to be issued to patients at the moment when it found that patients were unable to be treated within the public system.

With these actions of the accused, The SPKR claims the damage caused to Kosovo's budget is 4,555,553.00 euros.

Also, the indictment charges doctors to “case Stanta 2”, that they have misused the official position and taken bribes, so that instead of patients who have gone to public health institutions, they refer to the competent invasive unit at the USKKKU Clinic in Pristina, patients have referred to them in private hospitals, and for these actions have been bribed.

According to the indictment, each patient they sent for the stents received a bribe of 500 euros, while the choreographer received 150 euros in bribes.

These actions, according to the PSRK, had been carried out in co-operation with the accused who are already involved in the “case. Stanta 3”, which is mainly the owner of private hospital doctors.

The State Prosecutor on June 15th 2016 had filed charges against former Health Minister Ferid Agani, former MS Secretary General Gani Shaban and 62 other people for criminal acts “the mismanagement of official position or authority”, “bribe taking”, “bribery”, <6> irresponsible medical treatment”, “The legal offense against legal activity, and <x-8>>

Meanwhile, the prosecution had resigned from prosecution against cardiologist Africa Bekteshi, arguing that the same was wrongly involved in the indictment.

In this criminal case, investigations were initially conducted against 116 physical persons and 4 legal persons. But for 56 physical persons, no legal conditions have been met to be included in this indictment, so the same investigations have ceased.

The defense of the accused has raised numerous dilemmas about the legality of this indictment, which they claim, in addition to containing unacceptable evidence it has been illegally raised by chief state prosecutor Besim Kelmendi. According to the defence, the State Chief Prosecutor's Office has no competencies in establishing the charges, as has happened in this case.