Court condemns lawyer Besnik Berisha with 500 euros

After Appeals broke the Peja Court's decision to fine defendant Shaban Gogaj, lawyer Besnik Berisha, the latter has again fined lawyer Berisha 500 euros, according to the Court of Appeals guidelines.

Such a decision has been made by the head of the court, Violet Husja-Rougova, on September 1st 2021, who in the election device has imposed fine sentences of many 500 euros on Berisha for breaking the order at the court hearing.

Until the verdict on the fine sentence of lawyer Besnik Berisha at the hearing of June 28, 2021, the chairman of the court has come based on the provision of Article 302, par.1 of KPRK, as the same has violated order and quiet in court several times, has been drawn back and again continued with a breach of rank”, the court's argument Huje-Ruvova said.

In line with the Peja Court's decision, the lawyer Berisha was addressing the court's chairman that it was unworthy to conduct the main, biased and biased examination.

“At the May 7, 2021 session, before the court is issued to the court and the defender in question seeks the word and addresses the court: “has lost confidence and that you have prejudged the case” with his claim to follow, then “you have left a stain on justice”, the Plate Court's argument states.

Reasoning is said that the judge had warned the defenders Berisha, since the same one has taken a word without the court's permission, announcing the consequences of the penalty.

So, as it turns out of the top, the defender has broken the order and the calm in court several times during the court review, when addressing the court's chairman, “unworthy to lead this trial, “priorory to the case”, then when he makes comments when he takes the word without the permission of the court, when addressing the witness that “you've emerged there as cosmetics<5>, and for each case the head of the jury has warned, but just as he was mentioned earlier, the consequences are reported to the court,<6>

Otherwise, the Court of Appeals on September 1st, 2021 has approved the complaint of defendant Shaban Gogaj's defender, lawyer Besnik Berisha, and has turned the Peja Court's decision on fine sentence against lawyer Besnik Berisha.

In the ruling, provided by “Justice Vow”, Apel argues that the Peja Court has not provided clear reasons about the pronunciation of fine sentences against lawyer Berisha.

“From the ruling's argument is not clear if the av defenders fine. Loyal Berisha has been pronounced because of the failure of order or disobedience of the court judge's orders, because in reasoning it is found that he has been warned several times not to prevent the work without giving any clarification of when and how it has been warned, because he should subsequently be disclosed and informed of the consequences that he may have followed according to this legal disposition, stating exactly these procedures or that the repetition by the same court is prejudgment, considering that the consciences of the court's failure to prevent the court or the failure of the court's order of the Dab.

Otherwise, on June 28th this year, the chairman of the court, Judge Violet Husja-Rugova, has expelled lawyer Besnik Berisha from protecting Shaban Gogaj.

That is because, lawyer Berisha was addressed to the court with the words “prior to the criminal case”.

Initially, he has been sentenced to 500 euros in fines, for which, lawyer Berisha has not been surprised and expressed in words “that there are other steps”.

After that, Judge Huseya-Rougova took the stand for his expulsion.

With fine sentences and the expulsion of lawyer Besnik Berisha from the defense of accused Shaban Gogaj, the Kosovo Lawyers' Council (OAK) has not been hired, with the latter naming this decision, honour breach and attorney profession.

In reasoning on the verdict provided by the “Justice Vow”, it is said that Judge Violet Husja-Rougova had not included in the process the entire statements made in that session.

As a result, the Steering Council has asked the Kosovo Judiciary Council (KGJ) to make a assessment of the legality of the Peja Court's decision to condemn and exclude lawyer Besnik Berisha.

In addition, the Council has asked Peja Court Chairman Armend Berisha to also initiate the disciplinary procedure against Judge Violet Huja-Rugova.

While, according to the Steering Council, until the completion of the disciplinary investigation into lawyer Berisha by the OAK disciplinary prosecutor, he will not make the lawyer's appointment according to the official duty of indictees Shaban Gogaj, in case of a request by the Constitutional Court in Pec.

Otherwise, the Constitutional Court in Pec, President Armend Berisha, has either rejected the request of the Kosovo Lawyers' House (OAK) to initiate disciplinary procedure against Judge Violet Husa-Rugova.

According to sources within the tribunal, “The Justice Vow” finds that the Peja Court has not found the request for disciplinary initiative and re-evaluation of the decision to exclude Berisha lawyer, and as a result, that request has not been denied as unfounded.

Meanwhile, Kosovo Judiciary Council Chairman Albert Zogaj has said he cannot interfere with the professional work of judges, as the institution leading him only deals with the administration of the judiciary in general.

Zogaj has returned this response to Kosovo's Oda of Lawyers President (OAK), Behar Ejupi, when he has refused to make a assessment of the legality of the Peja Court's decision, which has fined and exempted lawyer Berisha from defending the accused of murder, Shaban Gogaj.

Note: The individuals mentioned in this article are considered innocent unless the court finds them guilty with decision of form. /Betimi for Justice/