Prime Minister Albin Kurti's chief of staff again today was subject to court

Prime Minister Albin Kurti's chief of staff again today was subject to court

At the Constitutional Court in Pristina, it has continued with the hearing of witness Zijadin Isaac in the case where Xhemajl Syla is being charged with misusing official information. Syla is being charged with misusing official information with the purpose of benefiting [...]

Syla is being accused of misusing official information aimed at benefiting the company “Management Development Association”, reports the “Battle for Justice”.

During Monday's hearing, responding to prosecutor Drita Hajdari's questions, witness Isaac, anti-corruption investigator, said he had been a officer of the police case while carrying the case to the prosecutor has been prosecutor Drita Hajdari.

He claimed he had acted on authorisations by the prosecutor and that he had communicated in writing according to reports.

He also said there had been court warrants for control of the suspect's workplaces and had participated in the sequencing where suspects Luan Dalip and Silas, and for this there are processes of flow control and selection of equipment.

He said it's been a long time, but as he's remembered by Luan Dalipi they've seized a laptop, which has been a device for the last generation of laptops on the market, and that there's been a specific programming language.

After the decision-determing is required that these seized equipment be examined by the Kosovo Forenzica Agency and the Forenzica Unit in the Kosovo Police.

According to him, from the reports accepted by these two institutions had found that it found that in Dalip's sequencing laptop, there is an operational Linux system that is a specific operating system and the system that Forenzica uses is In-Case has not supported the Linux operating system.

According to him, the state's Linux system has not provided a programme since in 18 years only one computer with such a system and probability is small, so no data-free support programme has been purchased from this system.

The Witness Isaac claimed that Forenzica was obliged to reveal related information, namely, the communication of Luan Dalip with Xhemajl Syla through email or otherwise because they had not previously been able to know what the laptop contains.

He has added that through the Agency and Forenzica, he had sought to find ways for help from their colleagues outside Kosovo, but this takes longer and lasted up to three months.

On the other hand, the witness said the prosecutor in the report had announced at Dalip's constant request that the data he had on Laptop and were relevant to the case would be voluntaryly delivered.

According to him, Dalipi had expressed this readiness during his interview with the police, and there is also a declaration of the same writing.

Having had the prosecutor's authorisation, the witness said they had notified Dalip and that in the presence of Forenzice expert Ardijan Krasniqi, he had pulled them out and placed them on the CD and handed them over to the prosecution.

According to him, these same communications had been made and declared all the time he had in the Desktop.

The same said that these emails had been given before I was printed and that after comparing them, they were the same as those provided by Dalip.

The witness also said that after handing over this data to Dalipi, the same has been returned to Laptop on the basis of confirmation for return.

On the other hand, answering charges defender Syla's questions, lawyer Mahmut Halimi, the Isaacs witness has confirmed that Dalip's seized laptop was a Apple brand, while he said it could not mean at certain percentages but that most laptops use the Windows system.

As for the Linux system, it's a specific operating system used by specialists who use it in specific areas and it's not designed as a Windows window program and so the use of the same is easier.

While in the lawyer's question whether he is aware of the operating system IOS, the same answer that you don't know by reasoning that he's not an engineer.

The same said that under the ordinance they had conducted control in the Syla office, where they had seized “Hard the computer disk” that had been used and that after the examination of the same had not been found the alleged email regarding Syla's communication with Dalip.

In the case of the lawyer “se Dalipi at some stage of the procedure has rejected the authenticity of the mountains, has he called the supposed”, the witness said that he has placed all that I've been aware of in a criminal statement.

Among other things, the witness said that with full responsibility that during extracting data, one of the first cases that happened to be blocked, but this does not mean that there has been pressure or tribulation, in all the records of the subject existing in the file shows that he has, in full will, co-operated and wanted to return the device, the laptop.

While responding to prosecutor Hajdari's retake, the witness said the email delivered by Dalipi was in the PDF format and, with the reasoning that he is not an expert, cannot say for sure whether he could intervene in the PDF format.

Finally answering the court's questions, witness Isaac stated that in Syla's classified computer, their main orientation was communications made through emails between Silas and Dalipi, which they had previously accepted only as suspicion by “O LAF” (EU institution).

He said that on Syla's seized computer, they didn't find the communications through emails between Dalipi and Syla, and that in that computer in a technical way they haven't been written, but the same could have been written by another computer.

He added that email as an email does not indicate which computer it communicates with, but it does tell who it is that they are names and surnames.

On the other hand, he said that “Olaf” has made administrative investigations and then, in the criminal sense, is held to the Special Prosecution and with the decision of launching the investigation has been acted further.

The Witness said that it has been eight years, but the time she remembered had first been authorized by the prosecution for collecting and collecting information.

The same one said the subject of the investigation has been suspected of an EU project in which accused Syla has been a local project assessment commission, while Dalipi has been competitive.

In addition, he said that in terms of corespondence between them, the enamel described is clearly seen how the project originated with the actual situation in the field communications is seen as being based on suspicion.

In the end, he said how he responded earlier he couldn't open his e-mails without Dalip's will because this procedure has been confidential and has been respected as he added that the same one had said that what we're asking is only in the Desktop.

In the absence of conditions for continuing the session, Judge Bytyqi has postponed the session for 22 April 2022.

Otherwise, in this case Luan Dalipi was also accused of using official position or authority “but that the indictment was amended after the Supreme Court's trial.

The Constitutional Court in Pristina on July 3rd 2017 had rejected Xhemajl Syla's defence lawyers' requests and Luan Dalipi for dropping charges and rejecting evidence.

To this act, defence lawyers had filed complaints at the Court of Appeals.

On July 25, 2017, the Court of Appeals had rejected the appeal of accused Xhemajl Syla's defender, while having approved Luan Dalip's complaint with the argument that against Dalip, there is not sufficient evidence to support the well-founded suspicion that the same had committed the criminal work he was charged with.

Thereafter, the Supreme Court had also refused the request for protection of legitimacy filed against the court's rulings in the first and second degree.

Contrary to the amended indictment following the Supreme Court's trial, Xhemajl Syla is charged with misusing formal information with the aim of gaining priority for the company “Management Development Association”, which has been released in the tender, according to the Trade Ministry and Industry Project “competitiveness and export promotion of the European Union's two-million-euro export office, the two-dollar investment sector.

All in accordance with the indictment, after the contract had been released on April 30, 2013, for the tender in question, accused Syla, during July, August and September 2013, has been sent to Luan Dalip, manager of the company MDA, MTI internal documents and information regarding the terms and criteria for tender.

Based on these information, the charges continue, Dalip had then changed the contract criteria for selecting experts in this project, thus adjusting their company's bid for the tender in question.

After that, according to the indictment, Xhemajl Syla, as a member of the bidding assessment commission in this tender, on September 24, 2013, had signed the declaration of impartiality and privacy, which forced him to keep strictly secret about any information received as a result of his involvement in the assessment of bids in the procurement process.

Despite this indictment, however, Syla, contrary to the signed statement, has been sent to Luan Dalipi, information about assessment and submitting bids in this procurement process, announcing the company's priorities The MDA, along with other competing companies in this tender.

He is accused of committing the criminal act “Using official information” by Article 423, par. Two connected to par. 1 of the Penal Code, the work with which the chief is fined and sentenced to prison for three to twelve years.

 

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