The explosion in Zhur, where a cop died: Appeal confirms 12-year sentence on two indictees

The Apel's Jykata has confirmed the ruling of the Constitutional Court in Prizren, with which Iran Backalli and Arben Gashi had been sentenced to a unique sentence of 12 years in prison (each one alone) over the charge of the Jour bombing, which resulted in the death of police officer S.Th.

In this case, Gashi and Bandlai were charged with placing explosive tools at the home of accused Bandali in the village of Zur, in case of police raid, the vehicle had broken out while the policeman was dead, S. Thum, while the injured Arthur Murray, Jtmir Hasanaj and Education Bytyqi, as well as the child S.B., have suffered serious bodily injuries.

The Foundation Act was announced on September 19, 2023. Against him, complaints were filed by the Constitutional Prosecutor in Prizren and the protection of two indictees.

The prosecution filed a complaint because of the verdict on sentences, with proposals that the complaint case be amended and the accused pronounced the harshest sentence.

As for the defenders of the accused Bandali, lawyers Ermira Gavazaj-Gashi and Valdrin Gashi have filed complaints due to the substantial violation of criminal procedure provisions, misconception, and non-reliable confirmation of the actual situation, with the proposal that the complaining act be changed and their protection be released or the case returned to restoration.

Likewise, defenders of the accused Gashi, attorneys Hazer Susur, Elinda Susuri-Humolli and Esat Gutaj have filed complaints due to essential violations of criminal procedure provisions, demanding that the complaint be changed and the accused be released or the case returned to restoration.

Therefore, Appeals with the indictment of January 19, 2024, has estimated that complaints do not stand, nor was there a violation of criminal procedure provisions that would have conditioned the annulment of the complaint.

In turn, Apelit reportedly had given clear reasons for the country, the time and manner of committing criminal acts, and how it had come to carry out criminal acts by the accused.

So the second scale estimates that the reasons given by the Foundation do not constitute substantial violations of criminal procedure provisions.

In the Appeals Act, it is said that the conclusion of the court of the first degree of the accused Bandali and Gashi are doers of the works they are accused of, was fair and that undoubtedly the same have taken incriminating acts.

Similarly, in the same indictment, it is said that by considering the case concerning the sentence, the Court of Appeals has found that the prosecution's complaints and the protection of the accused are not based.

According to the assessment of the Court of Appeals, the Foundation, in the case of pronouncing conviction for accused Bandali and Gashi, had assessed all circumstances and that, according to the tryst, results in the conviction pronounced against the accused, the purpose of the sentence will be achieved.

According to the indictment, two defendants Iran Badali and Arben Gashi, at the beginning of January 2020, in Prizren are supplied with explosive tools from accused Valbon Colak, and then have been hiding the same in the children's bed in the second-floor room of the house of the accused Iran Badalli in the village of Jour, Prizren's Comuna, and after an authorised search of this house by the Special Trafficking Investigation Unit, on January 28, 2020, about 20:00, around this device, where the police official had launched his death. Thum, while other police officers of the responsible unit, Arthur Mrasor, Jetmir Hasanaj and Edsim Byrstyqi, as well as the S.B., have suffered serious bodily injuries.

With these actions, according to the Prosecutor, the accused committed to co-ordination criminal work “The cause of total risk” by Article 356, paragraph 5, 4 and 1 concerning Article 31 of the Penal Code of the Republic of Kosovo.

While, on the device II of the indictment, it is said that in the same place and time described roughly as the point I of the indictment device, contrary to the applicable law on weapons, besides the explosive explosive detonated, the remaining explosives had been hidden. TNTs weighing 809.1 grams and a mechanical detonator in which a slow - moving wick was located at 63cm length.

With this, the accused in co-ordination were accused of committing criminal work “retaining ownership, control or unauthorized possession of weapons” by Article 366, paragraph 1 related to Article 31 of the Criminal Code. /Betimi for Justice/