End up retrial for murder and first 10 years in discotheque “City Club” in Pec

For the event, which took place on the night of January 2, 2010, at the discotheque “City Club” in Pec, Elshani from the Foundation Court in Pec, in May 2018, was sentenced to 25 years in prison, but that the case had since been retriald, reports “Betim for Justice”.

The defendant's defender, Granit Elshani, Kosovo lawyer Kelmendi, in her final address has stressed that none of the critical night's eyewitnesses at the “City Club” had identified defendant Granit Elshani as the person who had shot the gun on January 2nd of 2010.

According to the lawyer, the only evidence that points to her finger from her defense was the testimony of the injured Jevdet Kelmendi, who, according to the defense, had suffered several changes.

The defence said the injured Jevdet Kelmendi, six years after the event, had said that Granit Elshani had been the person who had fired a gun, which the statement had not said to the police and prosecutor.

The prosecutor's “, as well as 2010, denies even having seen Granit Elshan, except that his picture was seen as police. He does not identify Granit Elshan at all as a participant in the January 2nd event and leave him as an attacker that night. He even denies in all that there has been any conflict between his family and Granit. Meanwhile, since 2016, following Gran's surrender, this witness has changed its approach and declarations as a whole. He even identifies the latter as an attacker”, lawyer Kelmendi said, citing Dzevdet's testimony as unconcrete and subjective.

And the witness Depout Hyseni, who was injured by Kelmendi, referred to knowing who the assailant was, according to the lawyer, had denied saying that Granit Elshani had been the assailant.

Elshan's defense considered the indictment to be inconsistent, since on the one hand he charges the defendant with murder by revenge and protection, but in the indictment, the fact is that none of these revenge killings have been revealed and baffled.

Description of the prosecution's indictment that the January 2nd 2010 event had taken place in retaliation after Gran's father Elshan, Isuf Elshani, had been killed in 2004, while his brother Virgil Elshani in 2000 was injured in the same attack, opposed the defendant's defense.

According to avoctes Kelmendi, the prosecution has accused her of defending her for murder for which the defence assassinations, the prosecution has ruled there are no indictees and convicts of these murders.

This is because Granit Elshani is not even knowing the name of the hand that killed his brother's father. This means that Granit Elshani has not even had the motive to retaliate against persons in existence”, lawyer Kelmendi said.

For the weapon found under the pillow of Granit Elshan after police control, Kosovar lawyer Kelmendi said with high credibility, the real weapon of Granit Elshani had been changed to the critical night.

Kelmenmenmen based the change of the real weapon on the fact that during the search of the house in Elshani, there was no court warrant on the part of the raid, there was no technical crime present, no photographing of the weapon, and on the basis of the statements of police investigators Shpend Berisha and Riz Maha who, according to the fact of the finding and seizure of the weapon, put the <x0pataten of the heat” to each other and as such, according to protection, such evidence is unacceptable.

Because all these, unequivocally, testify that, that night, the site has been contaminated, evidence has been manipulated and highly trusted by linking all these facts to each other, sends to a conclusion, that Granit Elshan's weapon was changed that night, said lawyer Kelmendi.

Lawyer Kelmendi asked how an objective observer could be convinced that the weapon found under the pillow of Grant Elshan is the weapon that has been sent for testing for forensics, when the seizure of the weapon has not been legalized.

Defense points out the serial number of weapons “Sig Sauer”, which was examined by Forenzica, did not have the same indifficult number presented in the chain of evidence and order of the prosecution.

“In Pristina, Ismet Feta sends Sig Sauer of the P226 type with a serial number U421744, while in all the accompanying documents, including the prosecutor's order then for examination, there is only Sig Sauer 4421774”, said lawyer Kelmendi.

According to lawyer Kelmendi, expert Ilir Kukaj was not supposed to examine the Sig Sauer P226 gun, U421774, when the same was not compatible with the serial number listed in the ordinance and chain of evidence storage.

The more specific the weapon would have to be done since there were no photos of the gun in case of the find. The basis for deep identification of the weapon is the model, while the serial number is the basic identity of”, lawyer Kelmendi said.

Regarding the expertise of ballistics expert Ilir Kukaj, who had said 7 weapons were used in the critical event. 5 of these turns out to have met the attackers that night, four weapons were used inside “City Club”, 1 weapons type “Sig Sauer” is used outside the discotheque. While the sixth weapon had met Jevdet Kelmendi and 7th police officer Hasan Buqaj.

In this regard, lawyer Kelmendi said how could these four weapons inside the discotheque have taken with him the attacker and left the club to use only the “gun? Sig Sauer”

The defence explained that while the critical night of the murder and wound at “City Club”, accused Granit Elshani had been guest at his aunt Ramun's village with all members of Tahir Hyseni's family.

The defense noted that even if he assumed that Granit was the attacker, it would be naive and unlogical not to drop the weapon.

“A would not do so to the true assailant. Why did he use all five weapons that night as the attacker we're telling him it was Graniti, but why did he throw or hide it, while he was carrying and then under the pillow a gun he also used that night?

In the end, lawyer Kelmendi asked the court to place all evidence on the scales of justice, as she said she would be convinced that there is extenuating evidence for her protection, while on the other side of the scales according to the lawyer, the testimony of the injured Jevdet Kelmendi, from 2016 onward and a weapon that has been changed and mounted will remain lonely.

On the other hand, the special prosecutor, Afrem Shefkiu, has said that from managing material evidence, the actual situation had been found that accused Granit Elshani had committed the criminal acts he was accused of.

According to prosecutor Shefkiu, following the critical event on October 3, 2010, during the raid on the house of Tahir Hysen, in which the defendant Granit Elshani, under his bed pillow, in the room where the accused had slept, has been found a fiery weapon.

This weapon, after ballistic examination, has proved to have been used on a critical night.

This gun, according to the prosecutor, was a “type pistol. Sig Sauer”, P226 calibre model 9,19m, with a serial number U421774 and has resulted in shellings recorded with the mark of Ex2, Ex3 and Ex7 and a bullet extracted from the body of police official Hasan Buqaj are of the same gun that has been found in possession of the accused Granit Elshani.

“The preservation of accused Granit Elshani that he has by no means committed the criminal acts that are charged, claiming that the weapon which was seized on the critical night was not of the type Sig Sauerı, but of the black type luretta, we consider it unlogical, contradictory, and with his statement given in the police on January 3, 2010, as well as testimony to the seizure of a fiery-pistole type. Sig Sauerı, hence this defence as such, is focused on avoiding criminal responsibility”, special prosecutor Shefkiu said.

Prosecutor Shefkiu statements by witnesses Tahir Hyseni, Rukmane and Ilirjana Hyseni for the establishment of the accused's alibi, according to the Prosecutor, had changed in comparison to their earlier testimony.

“Initially in the first interview, Rukmane Hyseni stated that in their home after returning from her parents' house, about 22-23s had heard a vehicle driving fast and that Granit arrived at their home, proving the time the defendant left with the vehicle waiting for”, the prosecutor said.

Otherwise, the prosecutor at the beginning of the final word made the difference of the point one and two of the indictment so that in the device one, in the 6th row, after the words “has pulled out two <x2, one with a black gun and the other with a bronze. And at the point of two of the device, in the first row, the words “Pictole of the Sig Sauer type, model P226, book 9 body19 mm, with a serial number U421774 and continuing to cause a big risk to people's lives.

The prosecutor asked the Peja Court to convict the accused and be convicted according to the law.

The accused Granit Elshani, in his final address, said he was sorry for all the damaged parties in the case that had occurred before the court that it had nothing to do with this.

I'm sorry what happens to you there and tons that I know it's a family member. Even before you I swear I don't have revenge or cheating on this. Isalla has justice for us as well”, accused Elshani said.

The chairman of the panel, Syle Lokaj, appointed the plea on September 21, 2020, starting at 1500 p.m.

Otherwise, the Constitutional Court in Pec, on May 30, 2019, has pronounced 25 years in prison against Granit Elshan, who is accused of murder and three attempted murder, of the event that took place on January 2nd, 2010, at the “City Club” discotheque in Pec.

On the other hand, Apel had cancelled the act in question by adopting the complaint of defendant Granit Elshani, lawyer Ndica Dodaj, because the first degree act was taken in substantial violation of criminal procedure provisions and incomplete confirmation of the actual situation.

According to the Special Prosecution Act, founded on November 25, 2016, it is said that on January 2, 2010, at the discotheque “City Club” in Pec accused Granit Elshani had entered with two “pistols. TT” had started shooting at the late Besart Sobhab and Valdet Kelmendi, who was wounded.

As described in the indictment, on the critical night of Granit Elshani, the target of the murder was the member of the Kelmendi family, Valdet, but the bullet had hit Besart Shabi, who had shot close by him.

According to the prosecutor, others who had gathered to celebrate had suffered injuries that night, including police official Hasan Buqaj.