Haxhiu in court: I've never seen any documents that prove tear gas is a weapon

I've never seen any document in this subject that proves that tear gas is a weapon, it doesn't have to do with whether it was a tear gas or not, is it a tear gas weapon?”

In this case, Justice Minister Albulen Haxhiu, Deputy Paul Lekaj and former Presidents Donika Cadaj-Bujupi and Besa Battiu are charged with possession of tear gas in the Kosovo Assembly in 2016.

At the beginning of this session, the accused were acquitted of charges charged.

Haxhiu, said that 1012 years ago he saw a document proving that it is not a weapon, and according to him, he may have the tribunal's archive, for another case is that it is tear gas in a mall.

I've read a report on whether I can find it and share it with the attorney and build up, but it says that tear gas is not a weapon, and we're accused of possession, unauthorized weapons control, and that's the crucial point and it should be explained whether it's a weapon or not, Haxhiu said.

She asked to prove whether or not it was a tear gas weapon, because according to her, that is the essential point of which they are being charged.

I know the law of the police doesn't need the prosecutor's market anymore, but we're being charged under the Penal Code, I know what the Law of Police says about what I'm talking about, and I know what the Penal Code says about the case I'm talking about, so I would ask that since you've addressed the Court of Appeals's request, that you see the possibility of whether or not it was a weapon being that this is the crucial point of which we are charged with, said the same.

In the phase of the trial management, prosecutor Beqiri said that in this criminal case, the prosecution in the indictment has proposed that in the quality of material evidence the proof of temporary acquisition of items be administered, as well as the screening of photo documentation.

It's interesting that I had this criminal case in hand probably dozens of times, but to prove the taking of things has never occurred to me that the confirmation of the charge against the defendants, Paul Lekay, is named as “the confirmation of the return of”, and that fact I have a hundred days that the defendant Paul Lekaj has been identified”, the prosecutor stated.

When I've noticed this fact, a little bit of wonder even by the juro, as if you're expecting a release from the court that the prosecutor told me what this is, should this be done?

And this is where the lawyer Koci intervened, who said that he had noticed.

I asked the prosecution for evidence, because it's notial fact that the investigations were completed seven years ago, on the other hand, the prosecutor is saying that he's been through this subject dozens of times and that the subjects have dealt with them seriously, and in the end, he admits that he didn't notice that he wrote any proof of the return of things, here's what investigations have been made. From the beginning, I have asked that expertise be made”, said lawyer Koci.

The same added that they seek justice and apply the recommendations of the Court of Appeals.

Otherwise, the Court with these trials has no alternative but to take a free trial act as it first received”, Koci stressed.

The defendant Lekaj said he supports his defender's statement.

Also, the prosecutor proposed that, in this trial, be invited as witness, Dastan Rukoli, investigators at the Directorate for Investigation of the War Crimes.

According to him, in the photo documentation you see the bomb found and seized by defendants.

On the other hand, defendant Kadaj-Bujupi said she has been injured and if there is evidence related to the charge against her, be introduced by the Prosecutor.

I didn't see the prosecutor present any evidence for me, I ask this prosecutor to present the evidence I've been holding on to for seven years. I'm held hostage in this case. It means I've been denied the right to run, I've been damaged”, Caday-Bujupi said.

On the other hand, Besa Battiu said that the prosecutor has not brought either of them separately, nor tear gas expertise is harmful or not.

“I agree with the Constitutional Court's ruling, since there is still no evidence, I think the court should take a free trial like the first time”, she said.

Meanwhile, Minister Haxhiu said the prosecutor did not present evidence for everyone separately, but did more show than presentation of the indictment.

I expected the prosecutor to present everything separately for everyone, but he didn't. He did only one show than a presentation of his act, and in such circumstances I have nothing to add to it except that I consider that the indictment is groundless, unfair, and political. I've expected the prosecutor to withdraw from this indictment, but why you're not doing it, I don't understand”, Haxhi said.

On the other hand, Haxhiu said it is not easy for them to hold seven years in court.

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Next, the court took a ruling with which the prosecutor's proposal is approved so that the witness's quality will be heard by investigator Dean Rucoli.

Also, Judge Dermak said that the court under official duty orders ballistic expertise regarding tear gas canisters, which are in custody in the Kosovo Police, as ordered by the Act of Court of Appeals, where the expert's duties will be assigned by special orders.

On the other hand, lawyer Koci said there is a dilemma about how it will be done away because on one side there is evidence that the defendant Lekaj has returned something to him, while on the other hand he said the expertise is premature, so to declare the witness (cop) what has been returned and the defendant what he received.

Under these circumstances, the next session was scheduled on February 10, 2023.

Otherwise, the Constitutional Court in Pristina on May 18th 2021, in the absence of evidence, had cleared them of unlicensed weapons charges -- Justice Minister Albulen Haxhiu, deputy Paul Lekaj and former deputate Donika Kadaj-Bujupi and Besa Battiu -- on charges of possession of tear gas in the Kosovo Assembly.

However, against this act of complaint, the Constitutional Prosecutor in Pristina had filed, where at the hearing held on October 6, 2022, this prosecutor had demanded the return of the case to the retrial.

Later, the Court of Appeals on October 14, 2022, has made the verdict with which it has approved the Constitutional Prosecutor's complaint in Pristina and violated the Act of Basic Court of Pristina, turning the case into retrial.

According to the indictment filed on April 8, 2016, Pal Lekaj, Besa Battiu, Donika Cadaj-Bujupi and Albulen Haxhiu are charged with without authorization having possessed tear gas canisters.

The indictment says that on February 19, 2016, around 12:20, in the Kosovo Parliament hall, after a pause in the Parliament's work, until the accused were returning to the hall during the search by the security workers of the Parliament, the accused had been found and seized by a tear gas tank, which they held without authorization.

For these actions, the four accused are said to have each separately committed criminal work “holding ownership, control or unauthorized possession of weapons” by Article 374, paragraph 1 of the Penal Code. /Betimy for Justice