Mimoza Kusari and three former ministers are cleared of charges for “

The announcement of the trial in this case was made on Tuesday in the Special Department of this court by the head of the court, Valon Kurtaj, reports “The Justice Vow”.

Otherwise, at the last session, Mimoza Kusari-Lila, Dardan Gashi and Nenad Rassic had given the final word, demanding that the indictment against them be rejected.

On the other hand, at the pre-breaking session of Special Prosecutor At and Demas in the final address, he had demanded the court sentence of the accused, while defenders of the accused Beqaj and Hoxha, lawyers Besnik Berisha and Artan Kerkin, had said the prosecutor failed to prove the actual situation described as in the indictment.

The main review in this case was launched on July 1, 2021, during which the trial hearing has again been declared innocent of the SPRK's charges.

In May of this year, the Court of Appeals had announced that it had left the first-instance court ruling in force, confirming the indictment against indictees Besim Beqaj, Mimoza Kusari-Lila, Dardan Gashi, Nenad Rassic, Flanza Hoxha and Arben Djuka.

Through a media communiqué, Appeals had announced that the trial will continue against these indictees.

Otherwise, the Constitutional Court in Pristina, in March of this year, had rejected the requests for dropping the indictment, four former Thaci government ministers 2, Besim Beqaj, Mimoza Kusari-Lila, Dardan Gashi and Nenad Rassic, as well as accused Flanza Hoxha, Arben Djukka.

While this court had stopped criminal proceedings due to the relative prescription of prosecution for accused Fadil Chitaku, Mujy Rugova, Agim Nika, Flamur Keqa, Izet Ibrahimi, Gani Jashar, Burim Besha, Gelor Shala, Naim Hyseni, Avni Alidaj, Besnik Haziri, Lorik Fejzullahu, and Krenar Bupiu.

The 19 accused in the case known as “The Afera of Hydrocentrals”, in the initial review held on October 28, 2020, at the Constitutional Court in Pristina, had been declared innocent.

According to the Special Prosecutor's Act, founded on April 10th 2020, Besim Beqaj is accused of being head of the Government Committee for Privatisation (KQP), as well as Mimoza Kusari-Lila, Nenad Rassic, Dardan Gashi and Lorik Feyzullahu, in order to benefit the other person and harm the other person, have overstepped its powers.

According to the indictment, the same May 8, 2013, they unanimously voted that the hydropower plants, which generate electricity such as: The Lumbardide hydro power plant, Hidro power plant in Burim, Radavci's Hidro power plant and Hidro power plant “Dakance”, be transferred to the Kosovar Company for Distributation and Energy Supply (KKDFE) and then privatised by the company “Limak-Calick”

The same day, the indictment continues, the agreement for imports, the transfer agreement, the supply agreement, the implementation agreement, the debt agreement and the signing of these agreements has been signed, despite the fact that the same ones have not had to be transferred and privatised because such a thing prohibits the Law for Electrical Energy Regulatory with No. 05-L-04, Article 35, par4.

According to the PSRK, these assets have been under concession, as well as the recommendation of the IFC has been that the same remain within KEK's framework, and with these actions the same have damaged KEK's and Kosovo Government's interests as shareholders, namely, only for monthly rent for the remaining period, the damage is 1,054,000.00 euros, because the same action has had to be paid to KEK and not the privatisation company.

With these actions, P The SRK charges these with criminal abuse of official position or authority by Article 422, par 2 over Article 31 of the Republic of Kosovo.

P The SRK also charges Flanza Hodza, that in the quality of the manager in the privatisation project commissioned by the Ministry of Economic Development, she has surpassed her competencies, even though she has had knowledge that among assets that will be privatised by KEK at the “company. Limak-Calik” is also found in the hydro power plants, which produce electricity and are aware that the same should not be privatised, has not acted in line with its duties.

Moreover, according to the indictment, Hoxha has consented that such an act would take place, the action with which KEK and the Government of Kosovo's interests have damaged as shareholders, so that only as a monthly rent the damage value has been 1,054,000.00 euros, while another is the value invested in hydropower plants of 12,62,166.41, which continues to be caused permanently further.

With this, Hoxha is accused of committing criminal acts of misuse of office or office.

Arben Djukaj, who according to the PSRK, is also being charged with misuse of office, acting in quality of KEK Director Management, even though he has been aware that four power generation plants have not had to be privatised because legal grounds are forbidden, the same has neither stopped nor taken any action to keep those assets in KEK's framework.

P The SRK also charged Fadil Citak that, in quality of KEK Board leader, as well as Muj Rugova, Agim Nica, Flamur Keqa and Izet Ibrahimi in quality of KEK Board members, that they have overstepped their competencies, even though they have been aware that among the assets that will be privatised are four hydropower plants, which should remain in KEK's framework, the same on October 15th 2012, have adopted such an effect that causes damage to the EC and Kosovo government.

For this reason, the same were accused of committing criminal acts of abuse of office or official authority.

To allow the passage of four hydropower plants in word from KEK to the company “Limac Calik”, in a legitimate manner according to the SPRK, former KEK Board chairman Gani Jashar and KKDFE Board members Burim Basha, Gelor Shala, Naim Hyseni and Avni Alidaj were also charged.

The same, according to the indictment, have misused their official position, since they have had knowledge that the hydropower plants in question had to stay further under KEK's ownership, have not acted in conformation on their responsibilities, and have allowed the transfer to take place even though it has been forced to protect the interests of the newly formed company.

The prosecution also charged Besnik Haziri that in the quality of the official person, the co-ordinator for the deviance of KEK, in order to enable any property gain and to cause harm to the other person, he has exceeded his competencies, since he has been tasked with finalising assets and inventory from KEK to KKDFE, he has not addressed the concession given hydropower stations, even though he has had knowledge that among the assets that will be privatised from the EC to <01> Limak-Calik”, including the four hydropower plants in question, thus causing damage to KEK and the Government of Kosovo.

With this, Haziri was accused of committing criminal abuse of office.

For misuse of office or official authority, Krenar Buyup, who according to the SPRK, as a member of the Board of Electric Energy Regulatory and delegated to the Governing Committee has overstepped its competencies by accepting the agreement to transfer assets between KEK parties, KKDFE and later to “Limak-Calick”, as legitimate despite the fact that the ZRRE Law, Article 35, par4 has banned such an act.

Thus, with his move, Buyupi was accused of misusing his official position, as well as other indictees, have caused damage that amounts to millions, KEK and the Government of Kosovo as its shareholders.