Murder of an axe - tailed brother, Court Refuses forensic defense expertise

At the session held Thursday, the defendant's defender, lawyer Mustaf Kastrati, said the expertise carried out by experts from the Republic of Albania, proved that the death of the deceased had not resulted from his defence action.

However, managing this expertise has been rejected by Judge Sami Shardaku as evidence, reports the “Justice Trust”.

According to Judge Shardaku, forensics expert did not meet the legal conditions, as defence had not seized opportunities for expertise to be realised by experts in the Republic of Kosovo.

“In the concrete case, non-transform Law No. 05L-60 for Legal Medicine, or not all possibilities for expertise in the Republic of Kosovo as envisioned in Article 15, paragraph 1 and 2. In the concrete case, defence by no evidence has proved true that this forensic expertise is proven by other experts licensed by the Republic of Kosovo”, Judge Shardaku said.

By this plea the court did not agree with lawyer Kastrati, who refused to administer expertise, I consider it a violation of the law.

“Arsyet given to the rejection decision, you have violated legal provisions. We on legal grounds have provided expertise which is scientific in relation to the prosecution's two-page expertise. We have asked the tribunal several times to become a new expertise in Kosovo, but it has been rejected”, said lawyer Kastrati.

In this trial, the court also refused to administer certain CDs proposed by the damaged side and the defense of the defendant, since according to the tribunal, conflicting reports between the deceased and the defendants, which were part of the CDs, were not controversial.

The next session in this case is expected to be held on July 2, 2021, by 10: 00 p.m., during which the parties and the court will be re-contamination at the site allegedly committed criminal acts.

Otherwise, according to Peja's Constitutional Prosecutor, killing the late Mete Nikqi, by his brother Aslan Nikqi, had resulted in property problems.

Indictee Aslan Nikqi is accused of taking his brother, Mete Nikqi, by the ax's tail, out of life, and his son, the minor A. We are suspected of the criminal act of participating in beatings.

On August 24, 2020, the court had made the rescindation of criminal acts, and he, from grave murder to serious murder in excess of necessary protection, and against the accused had pronounced 15 years in prison.

The education measure of parent-added supervision has been pronounced against minors, reports the “Justice Trust”.

On November 27, 2020, the Court of Appeals violated the Peja Court's decision after having concluded that it was taken in violation of criminal procedure provisions and that the case has turned into retrial.

The appeal has found that the first-degree indictment device for defendant Aslan Nikqi did not comply with the legal appointment of the criminal act for which the defendant was convicted.

According to the Act of Founding Prosecutor at Pec, founded on September 30, 2019, Aslan Nikcin is charged with being robbed of his brother's life on April 26, 2019, about 6 a.m., in the vicinity of the League Reca in Pec, with an axe's tail, here is victim Mete Nikqi.

According to the indictment, due to poor reports between the victim's families and defendants created from property disputes concerning a mountain property, the defendant on a critical day along with minor A. N, they go to the mountains to pick up trees and the moment they take the trees, wanting to pull the bodies off the tractor, the victim had informed police about logging trees, and after the police don't answer, they stand up to defendants and minors.

As reported in the indictment, the victim had viciously attacked the defendant who managed to take the axe from his hand and ax's tail and hit the victim in the head and other parts of the body, where the minor A.N. participates in the beating, and then leaves the scene of the event while the victim is in serious health.

As a result of these shocks, the victim is found dead after two days on the streets of the village of Aga Reka and the one on an airline of 1,200 meters from where the physical clash started, with what accused Nikqi reportedly carried out the criminal offence of serious murder by Article 173, paragraph 1, points 1.3. Kosovo Penal Code.

The minor A.N. It is said that he had participated in the beating, which has resulted in the death of now victim Mete Nikqi, with what he committed to the criminal act “beating” by Article 187 paragraph 1 of the Kosovo Penal Code.