Jarc Versus Paul Lekat in court: 53m euros shouldn't have been paid to the company

Former Infrastructure Minister Lutfi Zharku said 53m euros had not to be shared “Bechtel&Enkas”, the Online Economy reports. Zharku on Monday has testified in the case known as 53m, where former Infrastructure Minister Paul Lekaj and three other officials of this ministry -- Eset Berisha, Nebih Shatri and Besim Tahiri -- are charged.

They are allegedly involved in nearby corrupts when it was set to divide tools in the name of continuing operations on the “Arba Xhaferi” that connects the capital with Elez Khan, causing the state budget damage worth 53m euros.

Court Speaker Violet Naman asked Zarko if former Prime Minister Lekaj had the right to sign the 53m euro sharing agreement, he said that, in this case, the minister had no right.

The number of 53m euros was not to be divided. No, he wasn't right, because the contract manager is in charge of my contract. There's no bill any paperwork we didn't pay. There's no one to call for not paying this debt. I don't think the case could have gone to Arbitrage”, he said.

Asked whether it has been necessary to pay 53m euros, he said it is a legal issue, so they have not had the right to proceed without the company's approval.

That signing of this contract has been called mismanagement by former Prime Minister Lekaj, as according to Zhark, this has been contrary to the contract contract and recommendations given by the contract manager.

This has been like mismanagement by referring to the signing in many that have been contrary to the contract and recommendation given by the international company Hill Intentation”, he said.

He said nobody has the right to any minister, nor does the Government get involved in an agreement without the contract manager for the deal's connection, EO reports.

“has no legal right to bypass the contract manager”, he said.

Due to disrespecting the contract, the Turkish-American company “Bechtel&Enka” had forced Kosovo Government to pay 53.1m euros.

The reasons were for procrastination in the works, as well as for delay in paying the means in the contrary condition that they cut the works off on the “Arbe Xhaferi” to send the substance to international Arbitrage. Immediately after that warning, Haradinaj's government made a decision to pay off that debt.

The Special Prosecutor of the Republic of Kosovo (PSRK) on February 4th, 2021, filed charges against Paul Lekaj, Eset Berisha and Nebih Shatri. And on February 19, The PSRK announced that in this regard, on February 18th, an indictment has also been filed against Besim Tahiri.

According to the indictment filed on February 4th, 2022 by the Special Prosecutor of the Republic of Kosovo, on September 27, 2017, Pal Lekaj, in the quality of the Ministry of Infrastructure Minister (MI) and as chairman of the Interministerial Committee (KDNM) and Nebinder Shatri, as secretary-general in this ministry, in co-operation and deliberately, even with the defendant Tahiri é director of Public Procurement in MI, exploiting office and official authority, have overstepped the competencies and failed to fulfill official duties, in order to cause damage to the budget damage to the other person of Kosovo.

The charge is said to be the same, contrary to the 04/04 Public Procurement Law. L- 042, Stattatin and KDNM's Code of Conduct and the terms of the July 1st 2014 contract have signed agreements on MI's behalf as employers on one side and the joint venture “Bechtel & Enka” as contractor on the other, for extending the term for completion of the work for even 347 days and from January 18th 2018 as defined in the basic contract, until December 31st, 2018, not specifying the financial cost.

The move, according to the prosecution, has left open the possibility of OE “Bechtel & Enka” so that on November 27, 2017, I can submit to the employer the request for additional payment of 63m euros, on behalf of the extension of the completion deadline, which has subsequently dropped to the value of 53m and 100 thousand euros.

As a consequence of these actions of the defendants, the same has been approved for payment by the Government of Kosovo, much which is in full conflict with the opinion of contract supervisor “Heil International”, under the cerrast, as a result of the actions of the defendants, the Kosovo budget, has been caused to suffer damages of 38 million and 321 thousand and 346 euros.

At the second point of the indictment, Eset Berisha continues from September 27th to June 5, 2018, in Pristina in the quality of official persons -- Lekaj and his senior political adviser -- Eset Berisha deliberately and in co-operation with each other, using the official position, with the implementation of the project “Auttastrada Pristina Hani of Elez R6 “ -- have acted in full opposition to the rules laid down with the Public Procurement Act, Rule Number of the RKStu and the Order of the Inter-Stutorial Office.

As stated in the indictment, Lekaj, after signing the agreement with OE “Bechtel & Enka” as at the first point of the indictment device, in the quality of KDN's chairman, without informing him and taking the consent of the other members, has committed Berisha to the quality of his political adviser, to participate in negotiations with <x2Betel & Enka<3>, with the goal of determining the financial cost under the September 2717 agreement, outside of those positions and whose political advisers are in office.

In the indictment, Berisha has reportedly held talks with representatives of “Bechtel & Enka” and, in full compliance with Lekay, agreed that on behalf of extending the completion deadline until December 31, 2018, MITʹi pays the economic operator additional financial costs worth 45m euros, which at 18% TVS spending totals 53m and 100,000 euros.

P The SRK claims that with the aim of implementing their plan, Lekaj and Berisha, they have generally ignored KDNM members and the Project Implementation Unit, organs which, according to the Stattu, have had authorisations to develop conversations and make decisions on all issues related to the implementation of this project, and also on the topic of development of negotiations, and the determination of costs to extend the deadline.