Court refuses several defence witnesses Haradinaj's Gucati

The verdict was made today by the court, which has announced that the Hysni Gucatt's opening statement will be made tomorrow, while the presentation of evidence and witnesses will begin Monday on December 6th.

At today's preparation conference for defence, the court has refused the hearing of three defence witnesses, one has agreed to hear it in part, while approved other witnesses on the defence list.

The chairman of the court in the case of Hysni Gucatit and Nasim Haradinaj, Charles L. Smith III has accepted the lawyer's request to start with the Gucat defence issue and, after its completion, continue with Haradinaj's, as the latter is facing symptoms of COVID-19.

The judge also announced decisions relating to admission or not to the witnesses presented by the defence for which the written decision will be published tomorrow.

Similarly, the Specialised Prosecutor's Office had filed motions to remove witnesses from the list of defence witnesses.

The panel will address only witnesses proposed to be summoned from the defence, regarding Gucati 1221 and 122, we think certain aspects of the prosecution are of questionable nature, but not so as not to be allowed, as there are some aspects of their testimony that clearly relate to the case. Therefore, the court allows their call, but it requires Mr. Gucatt's protection to ensure that the evidence taken from them is strictly given in these procedures”, the chairman of the panel has announced.

While with regard to two other witnesses, the court has estimated that protection has not demonstrated the importance of their testimony.

In terms of Mr. Haradinaj 1246's witness, the court is pleased that what is proposed is linked to the claim of being put off for criminal acts, so we allow it to be called to that issue without violating the availability of the work of promoting criminal acts under the legitimate legal regime. Regarding witness 1250 and 1251, the court finds the defence has not demonstrated the importance of their proposed testimony, so it refuses their call and will not allow Haradinaj's defence to call”, Smith said.

The prosecution has also opposed witness 1252 of Haradinaj's defence, who is an expert witness, but the court has decided to hear only part of his testimony.

The chairman of the court has announced the second witness's refusal to listen to the quality of the expert with code 1253 and also refuses to listen to witness 1248.

“Linked to Gucati 1243, 1244 and 1245, 1247 and Haradinaj 1254's defence witness, the juro is of the opinion that some parts of their testimony are opinions, but we think that this evidence should be received or offered as evidence, if this happens, if this prosecution might object to receiving testimony, accepting its declaration or parts as material evidence. The court finds it is premature to give you a decision on their acceptance at this stage”, the chairman of the court said.

At today's conference, the SPS has rejected the list of witnesses submitted by defence, arguing that statements by some witnesses do not concern the issue in question.

In this regard, Haradinaj's defence, lawyer Toby Cadman, has said they have already emphasised elements of public interest to listen to the previous witnesses.

As far as witness W1246 is concerned, even though this witness is part of the list of witnesses wanted by us, this witness is important because we have to get out whether the Kosovo Police have been instructed to conduct investigations or have been prevented from conducting investigations. So clearly the position was from this witness how much Z belongs. The SP and the instructions the SPS has given the Kosovo Police. The person in question has been a high-level person in the Kosovo police and the fact that the person has not been in the country at the moment of extracting information, does not check the evidence he can present. He, as a senior police official, could say what are the instructions that were given to the Kosovo police and other officers who were under his direction”, Cadman said.

Haradinaj's defence, lawyer Toby Cadman, has sought to start defending Gucat and then continue with Haradinaj as the latter faces symptoms of COVID-19 and is not participating physically in the court hearing.

“In Mr. Haradinaj's case it's a bit different because it continues to show signs of COVID, we don't have direct access except safe electronic communications, of course that makes us problems because we have to get instructions when the trial begins, so it would be good as we suggested that the Gucatt defense would be first then Haradinaj's defense would come after, that would give me a chance to get contact with Haradinaj when we submit matters. At the moment, we are informed that he will be quarantined by tomorrow at least, we don't know they haven't done the test yet, but he does show symptoms”, Haradinaj's lawyer said.

However, he has conveyed the position of Nasim Haradinaj, who is interested in not having a deadlock in the judicial process, but the same ending as before.

While the SPS is required to go with both defences at the same time, this has been rejected by lawyers.

“We have issued all the statements of detailed witnesses, of any witness we propose to call, we don't need and we don't take lessons in extracting material, especially in the case of the preliminary extraction of the witness list from the prosecution. In our witness statements, we have put forward the cases that a witness is intended to give a witness, if any additional issues arise that would require further extraction, we will make such an extraction”, Gucati's lawyer, Jonathan Elystan Rees, has said.

Rees has also reiterated the defence request that the SPS give a name from their staff, whose defence could ask questions about the flow of documents and their submission to the offices of the KLA War Veterans Organisation.

He has said that until now SPS witnesses do not help clarify this case so according to him, the SPS should offer another witness on the case. However, the prosecution has once again stressed that it does not plan to call other witnesses in this case.

While the chairman of the court has also indicated that he will not allow non-conventional evidence.

We worry that a number of documents that are on the list of material defense evidence do not appear to be related to procedure, highlight the justice of war, and commit crimes during a conflict are not issues related to this issue, and the court will not allow the payment or presentation of such evidence. Evidence concerning the character of war or illegal acts attributed to countries, parties or persons does not relate to this issue, questions asked along these lines or the responses of witnesses to these topics will be interrupted and will not be allowed”, Smith said.

The trial shame targets January 17th 2022 date for the closure of the defence issue.

At today's conference, Hysni Gucatt's defence has again raised the issue of continuing custody in custody, of which the court has said pending the English translation of the Kosovo Police Report, which it submitted on November 25th, 2021.

Today's preparation conference precedes the opening of the defence issue. The prosecution had opened its case on October 7th and submitted its data from October 18th to November 5th to then close its case officially on November 10, 2021.

On November 26th, the court had decided not to reject any prosecution charges at this stage, a decision that has paved the way for defence to open its case.

The flow of some documents from the Special, which by a still unknown person have been sent to OVL-KLA offices, and the publicisation of this event by the organisation's leaders, is why Hysni Gucati and Nasim Haradinaj are being tried.

On them are charges of criminal acts against administration of justice, namely obstructing official persons in performing official duties, fearing witnesses, revenge, and violating the secret of the procedure.

Nasim Haradinaj's Hysni Gucati were arrested on 25 September 2020 and have since been held at The Hague's detention centre. /