Lawyer withdraws from the protection of Shaban Gogatet, Agnis Tataj assassin in Decan

The lawyer appointed under official duty by the Peja Court, lawyer Gani Kelmendi, has withdrawn from the defense against indictees Shaban Gogaj, after being warned by OAK disciplinary prosecutor Rexhep Wessel that there will be consequences if he represents the Gogaj defendant.

Lawyer Kelmendi was appointed by the Peja Court, following the court's numerous efforts to find a lawyer for protecting the Gogaj defendant after the last one, the Peja Court, had disfellowshipped lawyer Besnik Berisha from breaking and court order.

Such a fact was said by the head of the court, Violet Huja-Rugova, at Friday's hearing at the Peja Court, where lawyer Gani Kelmendi had announced that without his permission he had withdrawn from granting protection to defendant Gogaj.

“With the introduction of March 31st 2022, lawyer Gani Kelmendi has announced to the court that on March 7th, 2022, at 14:51, he received a call announcing and realized that he was OAK disciplinary prosecutor, Rexhep Veselin and warned me of the consequences until the removal of the lawyer's license, if I were to represent the criminal substance “, read the prefix of the lawyer, Judge Husja Rugova.

The session was interrupted in absence of legal conditions until the next one was scheduled for April 20th.

It said that the same without his will had been withdrawn from granting protection to defendant Shaban Gogaj after his profession was threatened if he continued providing protection.

And which reminds me that there is an OAK decision preventing lawyers from presenting themselves in this criminal crime, so without my permission, he gave up this representation because I am in danger of losing the right to OAK representation and, as a result, risking my own existence”, was said in the pre-medition of the Kelmendi lawyer.

The judge announced that lawyer Kelmendi had also attached evidence testifying to the OAK disciplinary prosecutor's call, Rexhep Wessel. These evidence demanded protection of the damaged party, lawyer Berat Tmava, who said he needed it for taking further action.

This session was attended by defendants Shaban Gogaj and Isuf Cacaj, while prosecutor Isuf Sadiku was absent and damaged Albesa Cacaj, who did not result in having accepted the invitation regularly.

Otherwise, at the February 16th 2022 session, lawyer Guzim Kolcak -- who was assigned to the Gogaj accused as a patron under official duty -- was sentenced for the third time to 250 euros in fine, for dragging on criminal procedure, which has refused to defend defendant Gogaj.

At the same session, Judge Husay-Rugova said that since the Lawyers' Oda has not agreed with the lawyer's target, it will call all lawyers in Kosovo until legal conditions are met.

And at the session, held on January 31st, 2022, the defender of accused Shaban Gogaj, lawyer Guzim Kolcak had been sentenced for the third time to 250 euros in fine for procrastinating the trial.

Even on December 30th, 2021, the head of the court, Violet Huysa-Rugova, has imposed 250 euros in fines on lawyer Kolcak, who had missed the December 29th session, rejecting the court's invitation.

At the November 25th 2021 session, the accused Gogaj had refused to appoint a protector other than lawyer Besnik Berisha.

Also, the chairman of the Kosovo Lawyers' Oda (OAK), Behar Ejupi, at a news conference held on December 10th, over the exclusion of lawyer Besnik Berisha in the case of accused Shaban Gogaj, has said the latter is being denied the right to elect a lawyer. Likewise, Ejupi at that conference said that any lawyer who does not respect their decisions commits disciplinary violations.

On December 25th 2021, the Justice Ministry (MD) has approved the proposal to prevent the execution of the OAK decision for failing to determine the lawyer in the Gogaj case.

Otherwise, this criminal was suspended, after the court of the case, Husja-Rugova, had pronounced the 500-euro fine sentence, and later ruled the defender of the defendant Gogaj, lawyer Besnik Berisha, due to corruption and order at the court hearing.

The court's ruling had been charged twice at the Court of Appeals, when the latter had finally concluded that the Peja Court had ruled right when it had fined lawyer Berisha.

Under the decision, provided by “Justice Vow”, to receive the October 27, 2021, the Court of Appeals has refused to file a complaint against lawyer Besnik Berisha and has confirmed the 500-euro fine of the Peja Court because of breaking the order in court.

The Court of Appeals has estimated that the Peja Court has ruled correctly when it has pronounced fined sentences against lawyer Besnik Berisha.

“This court agrees to the findings of the first-degree court, given that the lawyer has violated order in court several times that he has been warned, and in spite of that, he has continued to break the order, which is supported by the observation of the court review process of 28.06.2021, by the audo and the videoincing of the same session, but also by the processes of judicial examination of the 10,12.2019, 11,12.20,2005 and 7,2018x1>, the Appel argument is said.

Otherwise, the Peja Court on September 7th 2021, after Apel broke the Peja Court's decision to fine defendant Shaban Gogaj, lawyer Besnik Berisha because of vague reasons in stating the sentence, it has again fined the lawyer Berisha 500 euros, according to the Court of Appeals guidelines.

Such a decision has been made by the head of the court, Violet Huja-Rougova, on September 1st 2021, who in the decision's device has imposed a fine sentence on many of the 500 euros on Berisha for violations of 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 7th 2021 session, before the court is issued into judicial examination 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”, says the Peja Court's argument.

Reasoning is said that the judge had warned the defenders Berisha, since the same one has received the 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 20 August 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 to lawyer Besnik Berisha.

Appeal argues that the Peja Court has not provided clear reasons regarding the proclamation of fine sentences to 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; “quore 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 Huja-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.

And on September 24th, 2021, the Kosovo Lawyer's Office for Disciplinary Oda (OAK) had found no legal violation in the actions of defendant Shaban Gogaj, lawyer Besnik Berisha, where he was fined and excluded from Gogaj's defense, due to the contempt of the Peja Court.

In the ruling, provided by the “Justice Vow”, it is explained that on September 1, 2021, the OAK Disciplinary Prosecutor's Office from managed evidence had not been confirmed that lawyer Besnik Berisha had committed disciplinary violations.

Also, report the Pec Court that it will not appoint other defenders under official duty for defendant Saban Gogaj.

Otherwise, according to the indictment filed by the Founding Prosecutor in Pec on June 12, 2019, Shaban Gogaj is charged with being charged with about 11:04 in Decani on “Street on September 23, 2018 Luan Haradinaj”, in the “company, respectively Gogaj AG” is deliberately deprived of life by Agonys Tetay, with which he has risked the lives of the injured Agzon Haddrjjna and Faruk Zukaj.

According to the indictment, after the defendant receives a phone call from which the conversation appears to be clearly exasperated and as soon as he completes this conversation, the defendant from the left side chair of the counter passes on to another one that was in the middle of the counter, narrows down and pulls out of the last drawer on his right hand of the type “Beretta”, puts the magazine and retypes the same, now takes the mark of the late Tetaj.

The indictment says that the deceased was now among the other two injuries, and the defendant shoots once in his direction and turns the gun he had taken, then immediately taken out of the chair, with the result of injury receiving a head wound, resulting in immediate death.

In this case, illegal possession is also charged with Isuf Cacaj, where, according to the indictment, September 23, 2019, about 2:50 in Decan, at the <x0 store. Gogaj AG”, held the weapon and the type pistol “Blo TR 92”, 9mmm calibre, found by police in the drawer under the ark's counter.

On the other hand, according to the indictment that was rescinded on March 16, 2021, by prosecutor Agon Uka, Shaban Gogaj was accused of being on September 23, 2018, about 11:05:31, in Decan, on “Street. Luan Haradinaj”, at “Company Gogaj Ag”, from the carelessness of Gogaj defendant, deprives the deceased of life, Agonys Tetaj.

According to the review, as the defendant was communicating on the phone with Nature Melaj, the aunt's daughter around his going up the mountain, ordering him to pick up food items, as soon as he completes this conversation, lets the phone on the table, from the chair to the left end of the counter where he was sitting, goes into the other chair in the middle of the counter, bends to the right side of the window on the way and out of the third right-hand drawer, the pistol <x0th> The FS, puts the mag in the gun, reacters the same and shoots the same once in the direction, Asgan Hadrceljaj, Agonis Tetaj and Faruk Zukaj, who have been at a distance about 70cm in between, while in relation to the remote defendant has been 4-5 meters,

From this match, according to prosecutor Uka, is now hit by the late Agonis Tetaj at the right cheek of his face, and after this act, the accused brings back the gun he's taken with two hands, thinking he's got a gas gun, which his uncle, Isuf Cacaj, previously announced to him, that the gas gun is there.

According to the indictment, which had been rescinded by prosecutor Uka, the accused has not desired the effect caused, respectively, the consequences are caused against his will, as a result of his neglect or indifference, so that despite efforts to provide aid, now the late Agonis, the same one has failed to survive the wound.