After a few hours, the court is expected to announce the indictment of Agnis Tataj's murder

Gogaj is also being charged with the criminal act of illegal possession, as is defendant Isuf Cacaj, reports “Justice Battle”.

Following the recoupling of criminal acts by Gjilan Prosecutor Agron Uka's Prosecutor, from heavy murder in carelessness, accused Shaban Gogaj, at the 16 March session, has pleaded guilty to the work in question.

Under these circumstances, the head of the court, Violet Huja-Rougova, made his decision to plead guilty, while the court's statement appointed him for today at 14:30.

Otherwise, the prosecution of Gjilan represents this criminal case after Appeals Chief Prosecutor Haxhi Drcguti had approved the defendant's defence proposal, excluding Peja's prosecution from handling the case, with the reasoning of the case's unilateral treatment, reports “Betim for Justice”.

According to the indictment filed by the Founding Prosecutor in Pec on June 12, 2019, respelled on March 16, 2021, charges defendant Shaban Gogaj that on September 23, 2018, about 11:05:31, in Decani, on the “road. Luan Haradinaj”, at “Company Gogaj Ag”, from the carelessness of Gogaj defendant, deprives the deceased of life, Agonys Tetaj.

According to the review, as the defendant was communicating on the phone with Nature Melaj, the aunt's daughter around his going up the mountain, ordering him to pick up food supplies, as soon as he completes this conversation, lets the phone on the table, from the chair to the left end of the counter where he was sitting, walks into the other chair in the middle of the counter, bends to the right side of the window on the way and pulls out the third right-hand drawer, gun <x0th> The FS, puts the magazine into the gun, reacts the same, and fires once in the direction of: Asgan Hadergjaj, Agony Tetaj and Faruk Zukaj, who have been at a distance about 70cm in between, while in a report with the remote defendant was 4-5 meters, and from this match, he now beats to the feeling Agonis Tetaj at the right cheek of his face, following this same act where he took the gun where he took his head with two hands, thinking that he had fired a gun with gas, which he had previously announced, Isaj gas, the same weapon has caused the same amount of action that he has caused, or the same amount of intent to do, or cause, or cause, or cause, the same amount of ill-depressive response, or ill-depressive response.

With what he committed a criminal offence “murder by carelessness, by Article 181 of KPRK.

In addition, the defendant Gogaj is also accused of illegal weapons possession.

In this case, illegal possession is also charged with Isuf Cacaj, where, according to the indictment, September 23, 2019, about 2:50 in Decan, at the <x0 store. Gogaj AG”, held the gun and the type pistol “Blow SER 92”, 9mm calibre, found by police in drawers under the ark's counter.

Otherwise, the Kosovo Institute for Justice (IKD), on March 18th, has reacted to developments in the criminal case, accused of already killing the late Agonis Tetaj is Shaban Gogaj, demanding that criminal and disciplinary procedures be initiated against former Prosecutor's Prosecutor of Appeals, Haxhi Dorg.

And State Chief Prosecutor Alexander Lumez has asked the court not to announce the final trial, but to receive further necessary evidence, which he says will completely clear up the truth in this criminal-juridical case, and has decided to reassign the new prosecutor for the subject.

On the other hand, the State Chief Prosecutor's Office, through a press report, has indicated that it has sought from the chief prosecutor of the Constitutional Prosecutor in Gjilan, Arben Kadriu, to take all necessary actions under the law on the disciplinary responsibility of judges and prosecutors to the prosecutor, Agron Uka.

Full response of IKD's:

The Kosovo Institute for Justice has followed with concern the way the criminal case has developed in the case of accused Shaban Gogaj.

In this case, the Constitutional Prosecutor in Pec, in June 2019, had filed charges by Gogaj for the criminal offence of serious murder and for criminal work of possession, control or unauthorized possession of weapons.

The indictment in question was set up by the grave crimes prosecutor at the Constitutional Prosecutorship in Pec, Sahide Gashi.

Still no hearing on this case was held, the defence of the Gogaj accused had filed a request for the launch of the disciplinary procedure against the prosecutor of the Sahidee Gashi case, with the claim that with the establishment of this firm legal basisless indictment, he has committed alleged disciplinary violations in this motion. This plea of protection was rejected by the chief prosecutor of the Founding Prosecutor in Pec, Agim Kurmeheim.

Afterward, the defense was directed to the Appeals Prosecutor, so that the Founding Prosecutor in Pec would be exempt from handling the case.

By deciding on this request to protect the defendant, the Appeals Prosecutor, on August 9, 2019, had decided that the Constitutional Prosecutor in Pec, be excluded from this criminal case and the same had been delegated to the Constitutional Prosecutor in Gjilan for further treatment.

Regarding the reasons for this expulsion, former chief prosecutor Hadzi Dorgti had said of “The Justice Act” that the Pec Prosecutor had shown bias.

After looking at the subject's paperwork based on the attorney's request, the defendants have come to the conclusion that the defender's request is based, because the Pec Prosecutor has shown bias and to avoid any partiality to ensure fair judgment we have appointed the Gjilan Constitutional Prosecutor for representation in this case”, the former chief prosecutor of the Appeals Prosecutor, Dergut, had told “

Also, despite having such a decision, against Prosecutor Gashi was never initiated, no disciplinary procedure regarding these claims given in the Appeals Prosecutor's decision.

Following the Appeals Prosecutor's decision, the subject had been delegated to the Founding Prosecutor in Gjilan, to Prosecutor Agron Uka, respectively. The latter, on March 16, 2021, had rescinded the criminal act against Gogate from serious murder to murder by carelessness.

This decision by the Appeals Prosecutor to decide on the exemption of the Constitutional Prosecutor in Pec is unfounded in law, since the chief prosecutor of the Appeals Prosecutor, has no authority to decide on the exclusion of first degree prosecutors.

The Code of Criminal Procedure, in Article 44, paragraph 3, stipulates that the office's chief prosecutor decides on the expulsion of the state prosecutor of his office. In this case, in terms of the prosecution's expulsion of Gashi from the case, competent authority has been the chief prosecutor of the Founding Prosecutor in Pec, but the same had rejected such a request of the accused's defence.

Article 44.3 The Code of Criminal Procedure also stresses that it is the chief state prosecutor who makes the final decision on the exclusion of a state prosecutor under this paragraph. Any decision from this paragraph should be in writing and handed to the state prosecutor in question and to the Kosovo Prosecutorial Council.

In the concrete case, according to the responses of former Chief Appeals Prosecutor Haxhi Dorgti and the chief prosecutor of the Constitutional Prosecutor in Pec, Agim Kurmajaj, for the expulsion of the Constitutional Prosecutor in Pec had decided precisely the Appeals Prosecutor rather than the State Prosecutor as required by law.

The chief prosecutor of Appeals, according to the Code of Criminal Procedure, can decide concerning the exclusion of only prosecutors who are part of the Appeals Prosecutor. While, since prosecutor Gashi had not been part of the Appeals Prosecutor's Office, then, according to the Code, then Chief Prosecutor of Appeal, Haxhi Drcgi had no authority to decide on her exclusion from this criminal case.

Moreover, neither the Law for State Prosecutor in any provision when referring to the Appeals Prosecutor gives the prosecutor or the chief prosecutor the authority to decide on the exclusion of first degree prosecutors or to delegate subjects from one key prosecutor to another.

The State Prosecutor's Law gives exclusive competence to the chief state prosecutor so that he can take over each subject in each prosecutor of the Republic of Kosovo as stipulated by law.

Under this law, each chief prosecutor can undertake the functions of the prosecution, which are assigned to a state prosecutor in that prosecutor's office and from him or she can take over direct development of investigations or criminal procedure, with the consent of the chief state prosecutor.

So in the concrete case, the case by prosecutor Gashi has potentially been able to take over the chief prosecutor of the Constitutional Prosecutorship in Pec, Agim Kurmeha, with the consent of chief state prosecutor, or even the chief prosecutor of the state, but by no means the chief prosecutor of Appeals.

Former chief prosecutor Dorgti, has a 30-year experience in the prosecutorial and judicial system and making such a violation of it, cannot be implied because of his ignorance or lack of recognition of the law.

Moreover, with this action, the image and integrity of the prosecutorial system in general has also been damaged, and in particular the Constitutional Prosecutorship in Pec, whose case was taken because of claims the same had been unilateral.

The IKD estimates that only full accountability address to all acts involved in this case returns public legitimacy and confidence in the handling of the case.

On the basis of all this, The IKD requires that criminal and disciplinary procedures be initiated against former Chief Prosecutor of the Appeals, Haxhi Dörgut, due to the illegal manner the former chief prosecutor, decided that the Constitutional Prosecution in Pec be excluded from this subject and that the same be delegated to the Founding Prosecutor in Gjilan. By such action, Dorg had exceeded his legal competencies, since the same give the Appeals Prosecutor no opportunity to decide on the exception of the basic prosecutors. /Betimy for Justice