Heavy murder in Vushtrri, prosecution, and accused seek amendments to the court's bias or retrial

All three of these accused, through their defence lawyers, have filed complaints at the Court of Appeals against the Act of Basic Court in Mitrovica, which had convicted them of killing Meholl.

And the case retrial has proposed to Apel even the Constitutional Prosecutor in Mitrovica.

Ankee in this case was said to have also exercised the damaged side, though reporting judge Kreshnik Radoniqi said there is no complaint from the damaged side on the paper.

These complaints by the parties were reviewed Thursday by a college of the Court of Appeals, composed of judges, Dzevdet Abazi, Kreshnik Radoniqi and Abdullah Ahmeti.

The Constitutional Court in Mitrovica, on December 23, 2019, had declared the indictment of the case, where the three accused were found guilty.

The defendant, Liburn Ayzaj, was sentenced to 18 years in prison for serious murder, where time spent in custody would be counted in this sentence, while he was fined 300 euros for illegal weapons.

While defendants Rayhan Ayzaj and Xhakoli standing, each alone had been sentenced to five years in effective prison sentences for helping to carry out the crime of serious murder.

Initially, Liburn Ayzaj, Rayhan Ayzaj and Xhakoli, from the Constitutional Prosecutor in Mitrovica, were charged with having low and cruel motives, in co-ordination, deprived the deceased Meholi of life now.

However, at the last hearing held in the first instance in this case, the court had requalified the criminal work for Rayhan Ayazain and Xalcol, from co-ordination to aiding in serious murder because, as Judge Petrovic had said, the actions of these defendants have not met elements of the form of co-ordination.

This re-qualification of criminal work for Rayhan Ayzaj and Xhakoli standing is being rejected by the Constitutional Prosecutor in Mitrovica. The prosecution's complaint said that the first degree court had wrongly acted when it requalified criminal acts for this two indictees, since they have committed the same criminal act in co-ordination rather than aid.

According to the prosecution, the court has taken no into account the expertise of the accused's telephones and SMSs the same had exchanged -- and according to the prosecution's body -- found the same have known where they are going and what actions they will take.

Similarly, the prosecution in its complaint has rejected the fact that the court had refused to reconfigure the site where, according to the prosecution, the position of the accused would be further clarified in carrying out criminal work.

The prosecution's complaint also points out that the first degree indictment has failed to set the payment time prescribed for the illegal weapons criminal work, as well as has not determined how the penalty will be replaced by fines if not paid. Also, according to the prosecution, the sentences pronounced in this case are also mild.

And this prosecution complaint, through a parachute to the second - degree court, has been supported by the Prosecution of Appeals.

Appeal's attorney, Idain Smajli, said in his address to Appeal's college that, in this case, the damaged side has also exercised complaints. However, Judge Radonic said that all complaints in this case, the cause of the David-19 pandemic, have been handed over via email, while adding that there is no complaint on the subject papers of the damaged party.

The first-instance act has also rejected defenders, Liburn Ajazaj, lawyer Imer Ahmetaj. According to his complaint, the first degree has made the wrong assessment of the actual situation and that it has forgiven trust only the statements under judicial examination, but not those in preliminary procedures.

According to lawyer Ahmetaj's complaint, the court in this case had also exceeded the indictment, adding a provision of criminal activity.

The sentence for the accused, according to his defender's complaint, is very high given the extenuating circumstances, while the sentences for the other two co-accused, according to the complaint, are very low.

“Mbes near the complaint and request that Appeal turn the subject into retrial because the actual situation has not been clarified as it did at the scene. It is clear by what means criminal acts are committed. It is said that a hard tool has been found on the scene. It has not been explained who used the” vehicle, lawyer Ahmetaj said among other things in his speech.

The same one added that the accused Libron has accepted the criminal act, but has not acted on his own, but has acted in co-ordination.

The accused Libron himself said the criminal act has been committed together.

I agree with the lawyer. Three of us have done so together. I don't mind whether the district or the games there”, Ayzaj said.

While the defender of the accused, Jalkoli, lawyer Skender Musa, demanded from Apel that his defender be acquitted of the prosecution after, he said, the criminal offence had taken him under obligation.

Musa said his defense had no reason to have direct or eventual will in order to commit criminal acts in question, but he had done so after he was threatened by the accused Libron.

Moreover, Musa said his defender has even tried to avoid going to the scene by making up a meeting with a loved one, adding that his defender has not been aware that the accused Libmann is already going to kill the late Meholli.

And the defender of the accused Rayhan, lawyer Musa Damatti, in his complaint to Appeals has stressed that confusion and violation of the provisions that have also led to wrong confirmation have been created during the first trial.

“We have overall remaining behind the complaint, and we stress that the first degree in relation to my defense has accurately named the penal work of assistance while in terms of reconserting the site, we consider it proper and propose retrial”, lawyer Damati said.

The accused Libun and Rayhan Ayzaj, at the initial review hearing held on July 4th 2018, had pleaded guilty to committing a serious criminal act “serious murder”, while the accused, Giackoli, was declared innocent.

The guilty plea on the part of Ajazaj had declined by court chairman Tomislav Petrovic since, according to him, there is a link that the three accused, in co-ordination have committed this criminal act.

In contrast, according to the Constitutional Prosecutor's Act in Mitrovica, founded on June 18, 2018, Lieburn Ayzaj, Rayhan Ayazaj and Xhakoli stands accused that on August 6, 2017, around 00:50, in the “Zymber” mall near the “Sitnica” in Vushtrri, acting together and with preliminary agreement, deliberately, have now deprived the dead man of memory Meholi, cruelly and for low motives.

Based on the indictment, the work has been carried out that originally accused Rayhan, who was said to be about now the deceased remembered, invites the deceased to a meeting that after meeting with the accused in question, the same has been conveyed by the two accused Lieburn Ayzaj and the Xhacol stand.

The indictment states that after the accused Rayhan meets with the late man Cameron, the latter wants to get close to the river, since people are moving, and then, the accused Leburn, who had been behind them, had started to offend the deceased now.

Following the indictment, it is said that the late man Mejtim Meholl has been directed to the accused for words, but as the hammered in the indictment, the late man with the metal rod now begins to strike the deceased, who from his foolish blows loses consciousness and falls to the ground.

According to the indictment, the accused, Giackoli and Lieburn Ayzaj, have continued to strike him and then choke him with a tie and then throw him into the river.

With this, they are accused of committing criminal activity “serious murder by Article 179, paragraph 1, under paragraph 1.4 and 1.8 concerning Article 31 of the Republic of Kosovo Criminal Code.

Also, the accused Librun Ajazaj is accused of committing criminal acts “ownership, control or unauthorized possession of weapons” by Article 374 of the Criminal Code of the Republic of Kosovo. / Justice Trust