Prosecutor: “woman Sandocutan” and another official caused 130 thousand euros in damage to the budget

The two mentioned above are being accused of misusing the official position and exercising influence, as according to the Special Prosecutor of the Republic of Kosovo (PSRK), had enabled Albania's citizens illegally to gain the status of war veterans, illegally profiting the amount of 133.280.00 euros, reports the “Bettim for Justice”.

At the session held Thursday at the Special Department of the Foundation Court in Pristina, Prosecutor Paca and the two accused, through their defenders Tahir Rrecaj and Muhamet Mujaj, have given the final word.

Prosecutor Paca, in the final address, has said that with the evidence proposed in the indictment and those administered during the trial, it was confirmed that the two indictees had exploited their official positions.

According to him, from legally secured communications transcripts that the accused had communicated with individuals different from the Republic of Albania, they had instructed them what documentaries should complete for the possibility of applying for recognition of veteran status, then informed them that their demands had been approved or refused.

Also, according to prosecutor Paca in these transcripts, it proves that these persons had asked the accused to help you recognise status, as well as increase the degree of disability, where the accused for purposes that the applicants could influence the commission had also been shown the names of the commission members.

From the entry of border points according to prosecutor Paca, it was proven that the two accused at the time they were accused of misusing official office had travelled to Albania.

Prosecutor Paca also mentioned the request for the annual holiday of the defendant Rexha, who had been on annual leave at the time when the apps were met, even though it was not competent to meet or accept apps, but the same was the head of the internal and external control division at DFIDL.

According to the prosecutor, two documents issued by MPMS had been proven that 31 persons from the Republic of Albania until November 30, 2019 had illegally benefited 133,230,000 euros, and if each is accounted for by the prosecutor, it is said that they had benefited from 5,270 euros, damaging the budget of the Republic of Kosovo from October 2017 to November 30, 2019, had been damaged by the actions of the accused at many,2300 euros.

But according to him, the same budget continues to be damaged today, as those who received the veteran's pension continue to benefit from it.

Even from witnesses' testimony heard in the court review, according to Prosecutor Paca, it was proven that the accused had never been competent to withdraw the forms nor to go to the field to complete these forms, and that their director, Shqip Krasniqi, had never ordered or been informed of the actions of the two accused.

From the audio recordings that were carried out through secret measures, according to the prosecutor Paca had proved to have gone to Raj's office to Sokol Poga, who had told them that he had brought four new courses for veteran, accused Rexha had instructed the accused Bala to get those people on the list, but after Bala had told her that he should have done this job Vlora Blackchiori, accused Reja had called the same and accepted by saying that the applicants would sign them with a rough signature.

We consider that all points of the indictment have been elaborized and that it has proved that the accused committed both criminal acts, so we propose that they be found guilty and sentenced under law”, the Paca prosecutor has said.

He has asked the court to take into account co-ordination circumstances as the major damage caused to the state budget by the actions of the accused.

Also, the Paca prosecutor has demanded from the tribunal that the two indictees be obliged to compensate for the damage caused by November 2019, resulting in 133,230 euros, which he says should be calculated by the day of the integrity of the act.

While Reja's defender, lawyer Tahir Rrecaj has said that no evidence had proved his defense had committed the criminal acts he is being charged with.

According to him, there was no app that the accused Rexha had signed on behalf of any party, but according to him the apps had signed as official after being authorised by Director Shqipe Krasniqi himself at meetings held at the DFIDL, because there had been a huge flow of jobs.

He has said that none of the accused had recognised the veteran's status, but according to him, it had been granted this right by the state verifiable commission that had issued a certificate to these people, recognizing them that right.

The decision of recognition for pension rights is of formal character, since one right these people had already won from the commission, and only had to personally hand in retirement documents, then they had the right to apply, certificates with recognition of status gave the commission only had to fill out the form and carry out a right acquired earlier”, the lawyer Rhecaj said.

According to him, his protection forms for recognising the veteran's pension had not been personally withdrawn but had been accepted by official Vlora Blackchior, who had drafted these forms on the basis of the list with several other officials who had prepared 31 forms for the field exit.

He said that due to the economic and health situation some from the Republic of Albania had failed to try to come to Kosovo to apply for retirement, so according to him, the departure of the indictee to Albania, according to the lawyer, does not present abuse of official office.

According to him, the accused Rexha had not withdrawn applications unauthorizedly and had not exceeded her official authorisations as the prosecution claims, but these forms had been given to Vlora Blackchior on the basis of the list she had drafted.

Even from witnesses who had been heard during the trial, according to lawyer Rreca, going to the village of Krume of the Republic of Albania to help and give them the opportunity to apply some persons who for financial and health reasons had not personally been able to come to Kosovo for application, was not prohibited by law or any direction.

All decisions on recognising the veteran's pension right for 31 applicants from Albania, according to lawyer Rrecaj had signed the Albanian director Krasniqi himself, who, according to him, had there been any doubts, should not have signed them.

No material evidence is incriminating to my defense, to whom I ask for money, if this budget is damaged, then the government commission that has recognized it right, not my protection, so I propose that my defense be freed from both points of the indictment”, the lawyer said.

Even the defender of the accused Bala, lawyer Muhamet Mujaj, has said that there was no element in the criminal act of misuse of official office in his actions.

According to him, after managing all evidence had proved the innocence of the accused Bala, since, according to him, at the time they are allegedly going to the Republic of Albania along with the accused Rexha, he was proven to have never gone to Albania.

Recognition of the veteran's status, based on laws and administrative guidelines according to lawyer Mujaj, was the competency of the government commission, which by the time it issued its certificate for one person, the same had gained the right to apply for retirement, as according to him, without this certificate no one had the right to apply for this election,

From testimony of witnesses heard during the trial review, according to lawyer Muja, it was proven that none of the accused had benefited from their official work.

According to him, even the secret measures of investigation and observation had not been confirmed that the accused had helped someone to obtain status illegally or had influenced any official.

“The fraud has only forged some documents, none of them have even claimed that the filling of the app was done in Albania, but all have claimed that they have filled some in Gjakova and some in the office in Pristina, that none of them have even claimed my protection, so we consider that the accused has committed criminal work according to the prosecution, we request that this court issue a legal act, since in the actions of the accused contain no elements of criminal acts”, lawyer Mujaj said.

Contrary to the end of the trial, prosecutor Paca has said that in the case of drafting the indictment, a technical error had been made, so it had been appointed that the two indictees had committed criminal work “the misuse of official office”, though it should have been “the misuse of official position or authority”.

“There has been a technical release, in the case of drafting the indictment, it is said that the two accused committed criminal work “misusing the official task”, but it should be that they committed the wrong “misuse of official position or authority”, and that by Article 422, paragraph 1, which code at the time of carrying out the criminal work has been in force and is more favourable for the defendants, since the new criminal code entered into force in April 2019, we do the correction of the criminal work <x>, which means that when we take the time of carrying out of the criminal work, the 31x6, the Penal Code has to say, the 31766 code that has been written on the prosecutor.

In view of this change, Judge Musa Kondzhel's court announced that the court outside the hearing will decide, while the announcement of the trial will take place on March 5th 2021 at 09:20.

According to the indictment, filed on December 16, 2019, defendant Sanije Rexha is accused of being a quality of the official person, the head of the Internal and Foreign Control Division at the DIFDL of the Ministry of Labour and Social Management, in co-operation with the accused, Kuqit Bala, during October 2017, have exceeded official authorisations.

As reported in the indictment, the same had without authorisation received 31 applications for recognition of the war veteran's right and have gone to the Republic of Albania, the town of Kruma, where they filled out the 31 applications for persons different from the Republic of Albania.

Always according to the indictment, the completed forms have been brought to Kosovo and delivered to the MPMS, enabling them to gain the status of war veteran in many of 133,280,000 euros, illegally.

By these actions they are accused of committing criminal work “Using official task”, by Article 414, paragraph 2 concerning KKP paragraph 1.

They are also accused of having exerted direct influence on the official with initials V. B, for accepting four forms for application for the status of war veteran Sokol Pogba, citizen of the Republic of Albania, in order that these four persons without right obtained the benefit of the war veteran's status and the right to compensation for that status under the law.

In this regard, they are charged with having committed criminal work “impact training” by Article 424 paragraph 1 of the Kosovo Criminal Code.