Judgment against former Pristina inspectors, expert says the damage caused to the municipality is over 123 thousand euros

This statement, expert Vehbi Imer, did it Friday at the Special Department of the Founding Court in Pristina, in the case of misuse of official duty, Ismet Haliti, Mergim Shala, Skender Canolli and Vehbi Abdullah, reports the “Betim for Justice”.

Experts Imer, questioned by the court that, of which actions or inactions were caused by this damage to Pristina's municipality, has said that it has elaborized the resources from which the Pristina Community would benefit if they gave real-time construction permits, for 2010- 2013, and the damage done under it, 123 thousand 713 euros and 30 cents.

According to him, this common damage represents the height of the amount for which the builders were not equipped or applied to be equipped with construction permits and followed has come to the damage that was caused earlier.

Then, during the response to attorney Valdrin Behrami's questions, defender of the accused Shala, what form has the benefit term the expert put on expertise resulted in, expert Imer said that during the drafting of expertise he has referred to the paper.

According to the expert, the accused Shala has bought this flat, but the purchase of the apartment is on behalf of his mother because there is no evidence that the same was paid or in what form was sold to the defendant's mother and based on the personal income that is realised for the period of expertise has resulted in the lack of financial opportunity to buy this apartment and pay.

In addition, Imer added that, if the expertise is read, the buyer is Fajrije Shala, and on the basis of the contract that is linked, this is the main source that finds this residence was purchased in the name of the defendant Shala's mother.

Regarding this statement, attorney Valdrin Behram had remarks. According to him, the expert, except that I offer him no answers, distort facts and evidence that have been the subject of expertise and address issues that are not presented in expertise, according to him, it is necessary to design a new expert.

The defenders of the other accused had remarks, the same required new expertise to be carried out or the expertise fulfilled because, according to them, it has proved that expertise is flawed.

On the other hand, Special Prosecutor Drita Hajdari said there is no need for new expertise, since he considered that the expert has clarified much of what was appointed by the court.

Through the court's decree, Judge Susan Qekini rejected the defenders' proposals regarding the drafting of a new expert or the fulfillment of the same.

The trial went on with the management of evidence, where Judge Qerkeyny added that there were still several silent witnesses left who have been heard in previous court reviews but are now unattainable to the court, with what cases the parties asked if their testimony could be found read.

In this regard, prosecutor Hajdari agreed, while the defendants' defence lawyers rejected him.

And after the court consulted through the decision, where he approved the prosecutor's proposal Hajdari's proposal to read evidence of witnesses left unheard, since the same have been heard in the previous court review and parties have been able to pose questions and challenge their credibility.

Judge Qekin said the defenders after the court's verdict is issued will be able to complain even to this court's decision.

Afterwards, lawyer Ali Beka proposed that Granit Cena, Blerim Bibishi and Ardian Muhabi be invited to the quality of witnesses, while adding that there are other evidence I will present to the court on Monday.

The witness hearing proposal was rejected by prosecutor Hajdari, and was subsequently refused by the Czech Court by the ruling.

Under these present circumstances, it was interrupted as the continuation takes place on April 6, 2023.

Meanwhile, at the December 15th 2021 session, the prosecutor had changed the indictment, where at the first point of the indictment, the accused Haliti and Canalli are charged with criminal work “due to the use of official position or authority” by Article 422, regarding Article 31 of the Penal Code, conducted in the form of co-ordination-ordination in its continuation.

At the second point of the amended indictment, which concerns the “Dona”, according to Prosecutor Hajdari, defendant Abdullah is charged that, in co-ordination with defendants Haliti and Canoli have carried out in the form of co-operation-ordination of criminal work “Keqq usage of the official position or authority”, from Article 422, concerning Article 31.

At the point three of the amended indictment, prosecutor Hajdari said this point has dealt with defendants Haliti, Canol and Abdullah with the object in the neighborhood “Irida”, the “Gedin Kurbaliu”, which at the base indictment was at 1.10, where, according to the amended indictment, the defendants charged with having carried out the criminal co-operation work “Kekqus of the official position or authority (4)5> from the 422nd with the 31nd Code of Kosovo.

At point four and five of the amended indictment, which points according to prosecutor Hajdari have to do with the object from the investor “Ramiz Sadiku” and “Simon Invest”, of the prosecution Haliti accused of using the official position or authority” by Article 422 of the Penal Code

While, at the very bottom of the device points of this amended indictment, namely, at point six, defendant Shala is accused of criminal work, which was at 1.4 in the basic indictment, for criminal work “The use of official position or authority”, by Article 422 of the Penal Code.

In contrast, according to the first indictment, Ismet Haliti, Skender Canolli, Blerina Syla, Vehbi Abdullah, Blerim Ibishi, Ardian Muhadri, Arbenita Ajjeti, Mergim Shala, Granit Cenya and Drita Rukiqii, it is said that in the position of construction inspectors in Pristina's municipality, during the period 2010 ♫ 2014, they had not fulfilled official duties under the law.

Two of the accused in this case, Ismet Haliti and Skender Canol, were also charged with illegal weapons and for the criminal offence of the documents was also charged by businessman Kemeel Pozheg.

Initially, in the first trial, the Constitutional Court in Pristina on April 20, 2018, the accused Haliti had sentenced him to 3 years and 6 months in prison for misusing his official position and with a 1,000-euro fine on illegal weapons, also seized by cars and money in the amount of 11 thousand euros, as well as a pistol.

Skender Canolli for misuse of office was sentenced to 2 years and 6 months in prison, as well as a thousand-euro fine for illegal weapons. He had his car confiscated “Passing” and 10,000 Swiss francs.

Inspector Blerina Syla had been sentenced to 2 years in prison for abuse of office, Vehbi Abdullah, also to 2 years in prison, Blerim Ibishi to 2 years, Mergim Shala, to 2 years and was also seized from residence in the quarter “Kalabria”, until Drita Rukiqi had been sentenced to 1 year and 6 months, Arbenita Ajeti 1 year and 6 months, Ardian Muhadri to 1 year imprisonment, and Granni 1 year in prison.

And businessman Qajel Pozheg was sentenced to 20,000 euros in fines for counterfeiting documents.

Disgusted with the first degree act, the defence lawyers of all indictees had complained at the Appeals about the Constitutional Act under claims that there are essential violations of the procedural provisions, wrong confirmation of the actual situation, violation of criminal law, as well as the decision on criminal sanctions.

Approval of the defenders ' complaints, in December 2018, the Court of Appeals had annulled the Constitutional Act and turned the subject into retrial.

The Pristina Constitutional Court on November 10, 2020, accused Ismet Haliti of criminal activity “Kuse of official position or authority”, had sentenced him to two years in prison, while for illegal weapons had imposed fines on many of the 1,000 euros.

For abuse of office, the accused Skender Canol had been sentenced to 1 year in prison, while for illegal weapons, he was sentenced to fines in many of the 1,000 euros.

Indictees Syla, Abdullah and Ibishi had been sentenced to 6 months in prison, which with their consent could be served as a fine of 12 thousand euros.

To 6 months in prison, accused Ajeti, Shala and Rukiqi were also sentenced, but with their consent that sentence would be fined in many of the 10,000 euros.

Also sentenced to six months in prison were accused Muhadri and Cenya, but with their consent, that sentence would be fined in many of the 8 thousand euros.

For criminal work “falsification of documents”, the accused Pozheg has been sentenced to 18 thousand euros in fines.

On the other hand, the accused Haliti, Canolly, and Shala were seized with assets acquired with the commission of criminal acts.

Disgusted with the convictions filed had been exercised in the Court of Appeals, even the accused through their defenders, seeking for the second time innocence.

On August 19th 2021, the Court of Appeals has confirmed the sentence of the first degree to 3 years in prison and 42 thousand euros in fines against four former Pristina municipality inspectors charged with corruption, as well as to the company's owner “Pozheg Brothers”, Kemal Pozheg. While, in the absence of evidence, he has released six other inspectors charged with having not stopped construction without permission from 2010 to 2014 against the eight builders in the capital.

Against Apel's decision, defenders of the accused Haliti, Canol, Abdullah and Shala had filed a plea for protection of legitimacy at the Supreme Court, where the latter has approved these requests and the case has turned into retrial and re-establishment to the first degree only for the criminal work of “KESKE misuse of official duty”.

While, this court had rejected the request for protection of legitimacy submitted by the defender of accused Kemeel Pozheg.

Otherwise, the Special Prosecutor of the Republic of Kosovo (PSRK) had filed an indictment on June 12th 2015 with the claim that defendants Ismet Haliti, Skender Canolli, Blerina Syla, Vehbi Abdullahu, Blerim Ibishi, Ardian Muhadri, Arbena Ajeti, Mergim Shala, Granit Ceny and Drugqi, in the position of construction inspectors in Pristina's municipality during the 2010 period, had not fulfilled official duties under the law.

Two of the accused in this case, Ismet Haliti and Skender Canol, were also charged with illegal weapons of arms, while for the criminal record of counterfeiting documents, businessman Kemeel Pozheg was also being charged.

10 former inspectors reportedly did not prevent anti-legal construction of investors Isen Sadiku from the” Group”, Ymer Veliu” Naki Trade”, Arben Kryeziu” Al Petrol”, Bedri Pristina, <6>Travia<7>, Sefici <xter> Abi”, Russia <ex10form> VG Construction” and noble Morina from the <x14 company > ART Group”

The accused, on the other hand, are said to have not executed the Inspectorate's decisions on the collapse of these objects.

Meanwhile, in this case defendant Qajel Pozheg, owner of the company “Pozegu Brothers”, was charged with counterfeiting documents, since the same, allegedly changed construction permits in order to use it as an original document.