Court clears Ilir Tolaj of all corruption charges

Thus, the Court's Court of Appeals College, Driton Muharremi, Abdullah Ahmeti and Albanian Qerim, have decided to refuse the Special Prosecutor's complaint and to put the first-degree liberation act in force, reports the “Justice bet”.

By the act of the Constitutional Court in Pristina, they had been acquitted of corruption charges even of indictees Zenel Kuci, Bekim Field, Valentina Hadzijaj, Florije Tahiri and Remzije Thaci.

The news of “Justice Vow” has revealed the information official at the Court of Appeals, Arben Jashari.

“can confirm that the Special Prosecutor's complaint of the Republic of Kosovo has been rejected as unfounded, while the Constitutional Court Act in Pristina, dated 06.06.2018, has proved”, Jashar's response reported.

This act of Appeals comes after the case had been restored by the Supreme Court.

Similarly, in February of this year, another Appeals College composed by judges, Kreshnik Radoniqi, Tonka Berishaaj and Burim Ademi had overturned the liberation act of the Foundation, and Tolajn had sentenced three years in effective prison for abuse of office or official authority.

Similarly, for misuse of office, Appeals had sentenced accused Bekim Field to two years and four months in prison, while he had been sentenced to two years and eight months in prison by accused Zenel Red.

The second rate had also sentenced them to six months in prison on bail, in a period of verification of a year, other indictees for misuse of the official position in this case, Valentina Hadzijaj, Florije Tahiri and Remzije Thacin.

However, this act of Appeals had been annulled by the Supreme Court, which had made the case a restoration to Appeals.

According to the Supreme Court, the second-instance court's bias is involved in essential violations of criminal procedure provisions under the provision of Article 384 par.1 subpar.1.12 of KPP, respectively, Article 370 par.7 of the KPP, since the second-degree court has not provided legal reasoning on the case of resolving judicial cases, and especially with the case of the realisation of the criminal act and criminal responsibility of the accused.

Also, according to the Supreme, in the argument of the act, the aspect of co-ordination is not described, respectively how co-chairment is manifested, which of the accused had primary role and which secondary role in carrying out criminal work or more specifically stressed the essential role and contribution of each accused, as the provision of Article 31 of KPRK.

According to the Supremee, it has remained unclear and undefined what has been the way of determining the damage caused by the economic operator <x0, respectively. KMI” in many of the $400,000 and the fact that Appeal has not clarified the fact that the accused acted in action or inaction.

According to the Supreme Court's assessment, the second-instance court's bias is flawed in defining the will, respectively, the intent of the accused to carry out this criminal act, which actually represents the constitutional element of the criminal act misuse of official position or authority by Article 422 par.1 of KPRK, and in this respect continues the Supreme Court's judgment, notes that the reasoning highlighted in the second court's act is very narrow and superficial despite the fact that the criminal act is carried out only by direct will.

In the retrial, the Supreme has directed Apelin to comply with remarks given in this judicial act and to administer existing evidence, as necessary, and then to make a fair and legal decision on this legal case.

The Constitutional Court in Pristina, on June 6, 2018, had declared them innocent for all points of the indictment, former Health Ministry Secretary Ilir Toljan, Zenel Kuchin, Bekim Fusha, Valentina Hadijaj, Florije Tahiri and Remzije Thaci.

Otherwise, the first degree of judgment against Ilir Tolaj and others had lasted more than two years, until the end of this trial had been changed by three prosecutors.

Prosecutor Admir Shala, who had filed the indictment against Ilir Tollaj, Zenel Red, Bekim Fusha, Valentina Hadziaj, Florije Tahiri and Remzije Thaqi at the beginning of 2017, was elected chief prosecutor at the Constitutional Prosecutorship in Prizren, so his course had been passed by Special Prosecutor Abdurrahim Islam.

Many reviews had failed to be held at the request of the prosecutor, and of the parties, until prosecutor Florije Shamlli had finally received representation of the indictment filed by prosecutor Shala.

Otherwise, this case was one of the cases marked for visa liberalisation.

According to Special Prosecutor's Act (PSRK), accused Ilir Tolaj, in the quality of the Permanent Secretary at the Ministry of Health (MSH), Bekim Field in the quality of the Pharmacotic Department task manager in the MSH and Zenel Red in the quality of the procurement manager in the MSH, is accused of using their official position.

According to the indictment, during May 23, 2011, until December 31, 2011, interaction has benefited the company “KMI” KPS Drenas owned by Arrian Llyesh and Shpend Agin, worth 400 thousand euros. The prosecution claims that the aforementioned violated the Public Procurement Law during contract links with company “KMI” contract totaling 1,714.953.74 euros.

On the other hand, Valentina Hadzijaj, Remzije Thaci and Florije Tahire are charged with being a member of the Commission for Execution of the contract, where it claims the same have enabled the company “KMI” to manipulate with the amount of herbs. With this ongoing Hadzijaj, Thaci and Tahiri have committed the criminal work of misusing the official position.

Meanwhile, Zenel Red is also being charged that in the quality of the procurement manager at the Ministry of Health during the period between 23.05.2011 and 31.12.2011 exceeded its competencies in order to benefit material benefits from the company “ACG and “Standart”, for procurement activity “Renovation general of the existing environment annex at QKUK”, company “Alb Architect” in procurement activity “General renovation and adaptation of the floor to the Interne Clinic, in the new diialise department at QKUK”, and the company “Life Farm” for procurement activity “Fournisation by infusion”, causing damage to Kosovo's budget at the total value of 276.307.97.

The same indictment included two businessmen Arion Llesey and Shpend Agani, but both had reached plea agreement with the special prosecutor. As a result, the court had convicted the two businessmen, condemning them to two years in prison on bail and to 1,000 euros in fines. Under the Constitutional Court Act in Pristina, the same are also obliged to reverse the damage caused by 400 thousand euros.

According to the prosecution, Llesh and Agani were accused of making false statements or hiding facts, which resulted in damage to the MSH budget as well as the same have avoided paying taxes and other contributions to legally defined workers.