Former Minister Haradinaj- Stublla says the lawyer had instructed him not to declare business in London

She is charged that on the occasion of taking office as political adviser to Prime Minister Ramush Haradinaj, on September 11th 2017, she had not declared her ownership of the Anti-Corruption Agency (AKK) on business “IN MDIDLE LTD”, registered in London, though mandatory.

At the last session to be held on Tuesday, Haradinaj- Stublla said her business in London had not declared it in the AKK since it was thus instructed by her English lawyer.

She said that on the occasion of her appointment as adviser to Prime Minister Haradinaj in September 2017, she had taken care of meeting the property form in exact order.

For this reason, she said she had turned to her lawyer in London to ask her if she meant business, a business that she thought had no transactions, no investments, and it had been dysfunctional.

The response he received from the lawyer, Haradinaj- Stublla said it was not to declare it because according to him, business which is the object of the prosecution had been unfunctional.

“Avokat at the time is an oral answer that under English law the status of the company is “dorant”, is a word that is translated in Albanian as the sleeping “”, not functional, and under Kosovo's law must be in circulation of over three thousand euros, and therefore I have not stated the”, Haradinaj-Stubla said.

On the other hand, she said that if the form of wealth she had fulfilled is looked at, it can be seen that she had fulfilled it accurately. This, as he said, had declared family gifts, which many other officials do not.

She has said that regarding business statement “IN MDIDLE LTD”, it had not been addressed to you The AKK, with the argument that this company had been registered in England and that according to it, legal status is defined according to English laws.

And this proves that I'm going back after no reason not to declare the 10-pound business that goes back to the kingdom, and they've also returned to the kingdom on March 5, 2019. I also asked the lawyer if I should take any action to close this registered business, and he has replied that when the business is “dormant”, then he enters automatic closing procedure so he needs additional action”, she said.

You said you didn't get any benefit from this company, right?

No, that sʹka has acted, the only transaction is the bank account maintenance stop, which is, I don't know 3 cents or 1 cents, which is marked in evidence delivered to court”, was the response of the former minister.

Otherwise, Haradinaj-Stubla said business “IN MDIDLE LTD”, she had opened it in 2016, having been unemployed and had an idea for business. She said she had opened the “online” and without investments.

There was a time when I was living in England, and at the time I was out of work at home than I was born as a housemaker that I was at home had an idea to open up a business and I had an idea. It's a very easy procedure in England for opening a business, it fills a “online” and very practical it's not an investment cent.”, she said.

Asset value in this business, Haradinaj- Stublla said it was 10 pounds.

And by the closing date that was the value of the assets d.m. Ten pounds. Which goes back to the kingdom, so the state, which means those 10 pounds turned back to the kingdom that it paid for the kingdom itself in case of opening the business”, she said.

Haradinaj- Stublla said this business hadn't had transactions.

While, in prosecutor Bekim Kodraliu's question, if I accused Haradinaj- Stublla, with the company registered in the state of England had the right to apply for winning any project, the latter said there were no such claims when it opened it.

When asked by prosecutor Codraliu if charged during the completion of the property declaration form, she had been aware of the feature in which she is required to be fulfilled if the high official is a stock owner, the same has responded with yes.

“I'm totally aware, but I reiterate that my obedience according to the obligations I've been described as a top official was that I'm not obliged to report anything about a business that's dysfunctional and according to English law with a sleepable “status”, and that's confirmed to me by the counsel of the attorney orally and written”, she replied.

Presequently, Judge Lumije Krasniqi has announced that in terms of the request filed by the preliminary judge, Alban Ajvazi towards the United Kingdom authorities for providing business data, which was the object of this indictment, the latter had returned the response on April 16, 2021, with what was handed over by a copy of the parties in the procedure.

Judge Krasniqi said that in one of the answers to this authority given along with the council, it was that the data for this business or evidence is public and can be taken from “Companies House”, or the company's home, which, according to Judge Krasniqi, are evidence in criminal speculation as well as in the indictment.

Therefore, Judge Krasniqi has said the court has assessed that there is no need to address these authorities again for additional clarifications.

The response of Great Britain's authorities, prosecutor Kodraliu, has seen it as relevant proof of the fact that, according to him, the accused had an open business in this state at the time it was appointed as a senior official and that the same had to declare it in the AKK.

While lawyer Stublla Emini has said that in this letter it only proves that her defense had business in Great Britain but that it does not prove that this business, according to her, has been inactive and not functional at the time when the prosecution claims that criminal acts were committed.

Also in this hearing, lawyer Stublla-Emini has handed new evidence to the court, in which it proves that the company Haradinaj- Stabula is being charged with has been disbanded or deregistered on March 5, 2019 and has not acted on any transactions after September 12, 2017.

These tests prove that the company has been active, non-functional, never acted, and under English law, its status when it was reported in the AKK was “dormannt”, which means sleepable or dysfunctional company”, the lawyer said.

Also, the lawyer again presented the English lawyer's legal counsel to accused Haradinaj- Stubula, with which she had instructed the latter that the company “IN MDIDLE LTD”, because of status it should not be reported.

She added that in England from the moment a company is declared “dormant” until it is definitely unregistered by the business registration agency register, according to her, it is a time procedure for two years and that it is an automatic process of deregisteration.

On the other hand, prosecutor Kodraliu has said that such a claim by the lawyer is not relevant to the prosecution, since, according to him, the request for the deregulation of this business was made after September 30th 2017 and after the prosecution handed over the form for a statement of property in the AKK.

Also, according to prosecutor Codraliu, at the time the accused had to declare full assets in the AKK, business “IN MDIDLE LTD”, it was registered to the agency for company registration in England.

And as confirmed by the prosecution's letter in Great Britain, Mr. Arthur, who was confirmed by the judge today, the same was worth 2,800 euros,”, prosecutor Codraliu said.

In his final address, the prosecutor said that on the basis of evidence attached to the subject's papers, the accused is responsible for her actions regarding her failure to declare her business in Britain, and of which no declaration, according to the prosecutor, the same has done it with full consciousness.

So the same from the court demanded that he plead guilty and punish him by law in power and that during the measurement of the sentence, both difficult and extenuating circumstances be considered.

On the other hand, lawyer Stublla-Emini, who has delivered the final word in writing, the court has proposed to protect her from prosecution in the argument that she was not proven to commit the criminal act for which she was charged.

During the elaboration of the final word, the lawyer has said that the legal basis of the indictment is <x0m> (encumbered”), and that we are dealing with an issue that there is nothing in a judicial way that would qualify as a criminal act.

She has said that as the defender of the accused Haradinaj-Subla had believed that the state prosecution would take into account KPP's Article 7 where she examines and appreciates all evidence before establishing the accusation.

“This circumstance is illustrated with the fact that not declaring property has been initiated with an AKK report then continued at the chief state prosecutor's office, under which the AKK has issued a decision to proceed with procedure but have been awaiting annual reporting. The prosecution in 05.02.2019 has requested data from the AKK, which has surrendered in 07.02.2019, and this circumstance has prompted the AKK to close the case. These are all statements of the AKK witness, for us even today, the haste” is unclear, she said.

According to the lawyer, the prosecution was aware that there was no harm in this criminal case, no damaged parties, and no consequences or will, adding that the company's value was negligible.

To consider a crime as a criminal offense, it must certainly reach quantum of harm and danger, otherwise if the scale of damage and danger does not reach the quantum, then no criminal offense is involved, and not any perceived offense could be rendered as a criminal offense. The value of the company is negligible, it's 10 pounds, a funt per share, which means this company is worth only 10 pounds and is a company with limited responsibility.”, she said.

According to the lawyer, the prosecution, with the establishment of the indictment act, had violated legal provisions, concerning the fact that this company according to it is subject to English legislation and that for the prosecution, the case had no significance at all.

Finally the lawyer said that the company's status “In MDIDLE LTD” it is defined and governed by the law for companies, “U n K Companies Act” of 2006, so she said she could neither be tried nor established for a commercial society registered in the foreign state, considering the fact that the rules for commercial societies are not the same.

Her defense's words have also been supported by the accused Haradinaj- Stubula, who has asked the tribunal to declare a free trial against her in the case of taking the verdict.

The announcement of this act will take place on June 4th at 1: 00 p.m.

Haradinaj- Stublla was found guilty by the Constitutional Court in Pristina on October 4th 2019, for criminal acts “No reporting or losing property, income, gift, other material benefits or financial obligations.

For this crime, she was sentenced to eight months in prison on bail. She was also sentenced to a thousand euros in fines, which she was legally obliged to pay within 15 days, after the court takes a formal form, but if not paid, the penalty would be turned into prison, where 20 euros would be calculated for one day in prison.

After the defense complaint, however, Appeals had canceled the foundation act and the subject had turned into retrial.

According to Appeal, the first-instance court's bias is involved in essential violation of criminal procedure provisions, because the device of the complaint is contrary to itself, as well as to reasoning, because it contains no crucial facts that characterize criminal work.

And it turns out that the first instance court, with the bias released, has not correctly confirmed the incriminating elements of the criminal work, which are burdened with the accused, because it has initially had to prove the elements which characterize criminal work, which implies in the actual description the device of the complaint bias is flawed. For these and other reasons, the case was decided to become retrial”, the Court of Appeals announced.

Otherwise, Pristina Constitutional Prosecutor, on March 26, 2019, has filed an indictment against Melza Haradinaj-Stubla in the direction of conducting criminal work “mmons the false reporting or reporting of wealth, income, gift, other property benefit or financial obligations” by Article 437 paragraphs 2 of KPRK.

Always according to the prosecution, accused Melza Haradinaj-Stubla, in the quality of the High Public Official, and that Political Adviser of the Prime Minister of the Republic of Kosovo, has acted contrary to Article 5 paragraph 1.3 and Article 6 par. 1.1 of Law No. 04/L-050, for the declaration, background and control of the assets of senior public officials and the declaration, background and control of gifts for all official persons.

The prosecution claims that the alleged Haradinaj- Staubla has been obliged to declare property at the Anti-Corruption Agency (AKK), on the occasion of taking office on September 11th 2017, for the previous year where the same form for property statements has not declared ownership of a business called “IN MDIDLE LTD”, registered in London even though it was mandatory. /Betimi for Justice/