The prosecution seeks Konjufca's sentence for dropping tear gas in the Assembly

In the final address, prosecutor Bessart Mustafa has demanded that Parliament Speaker Glauk Konjufca be punished for the criminal offence to be charged, while his defender, lawyer Arbnor Zeqiri, demanded that Konjufca be acquitted.

These statements were made at Friday's session at the Constitutional Court in Pristina, in the case that Konjufca is accused of dropping tear gas in the Assembly, reports “Justice Vow”.

The indictment reportedly states that in the Kosovo Assembly on August 10, 2016, in the quality of the MP, Konjufca has thrown tear gas into the hall, with which staying in the hall has been unable.

Prosecutor Besart Mustafa said that based on material and professional evidence administered during the judicial review, it has proved that Konjufca has committed criminal work “the use of dangerous weapons or tool”.

“From witness testimony to Adem Grabovci, Ismet Beqiri, Slobodan Petrovic, Valdete Bajrami, has proved that in 10,08.2016 during the assembly of Kosovo's Parliament's chairmanship has thrown tear gas. On the other hand, witness Pal Lekaj had stated that he cannot remember that tear gas was dropped”, the prosecutor said.

Prosecutor Mustafa added that from the country's report to the event, a tear gas tank has been found near the scene, and that a tear gas bomb has been found near the site of the defendant Konjufca.

The meeting's “From the collection process has proven that the defendant Glauk Konjufca was at this meeting and has proved that during the development of discussions in the C301 hall he threw tear gas, and because of the inability to continue the meeting of the”, the prosecutor added.

Mustafa said Konjufca in the statement issued at the Prosecutor's Office on September 8, 2016, has stated that he has used tear gas, but has said he does not consider it to be a weapon and that based on the law on weapons, where it is suggested that tear gas is ammunition and nothing more.

“Such a claim by the defendant is incompatible with the Penal Code 04l-082 after Article 120, paragraph 88 of this code determines that weapons are ammunition, weapons parts and components, as well as biological, nuclear and chemical weapons”, prosecutor Mustafa added.

So in the end, he demanded that Conjufca be found guilty of the work brought upon him and be punished by law.

While, in the case of declaring the indictment, the court requests to take into account extenuating circumstances: co-operation in investigations or prosecutions, and the defendant's behaviour following the conduct of the criminal offence as well as grave circumstances: the high degree of will and the defendant.

On the other hand, Konjufca lawyer Arbnor Zeqiri said that based on the course of judicial examination and on what we have heard in this judicial examination and the evidence that was administered, they consider with certainty that the thesis of the indictment has not been disputed over the fact that its defense has carried out the criminal act that is imposed on it.

The procedure has failed to prove that in the Kosovo Assembly Hall in 10.08.2016, my protector has used tear gas, with cases of Assembly leadership participants being forced to abandon the hall from smoke that has caused tear gas”, said lawyer Zeqiri.

According to her, the prosecution has failed to verify what tool it has been and what effect this device has caused, which was found at the scene, given that there is no professional expertise that would determine what tool it has been.

The “Tym may have been artificial, or decorative smoke that can be used at a party and can be bought anywhere by anyone. In the absence of such evidence, the actual situation remains only in the waters of doubt that it could have been tear gas”, the lawyer said.

The Zeqiri stressed that the police bodies, who have appeared at the scene and seized a suspicious tool and later set up criminal rowing on August 11, 2016, under which it is found that during the examination of the site a remnant allegedly to be tear gas was found.

According to her, the absence of an expert makes this indictment unsupportable, and such an act will not pass and will be refused as unmanaged by the court.

He added, however, that the actual situation has not been confirmed by even the hearing of witnesses who have proposed it, since none of these witnesses have claimed to have seen its defense use the suspected instrument according to the indictment.

She added that they consider that the bomb can't be considered a weapon, since the tax lawmaker has determined that the weapon is a tool which is destined for the injury.

The “E which in this case lacks cause-prosecuted causal connection, this essential element in determining the purpose, motive and criminal responsibility of any person who is accused of a criminal offence”, she said.

The lawyer added that the witness's hearing does not produce consequences to hurt the situation described in the indictment.

On the other hand, for the process of the chairmanship meeting, he said they are convinced that the court will not forgive their trust to such a test, for it is a circumstantial test.

The “E that the procedure itself of getting such evidence on the part of the Prosecution is illegal, informal, and by the self-control of such a chip, it is seen that there is inaccuracy in its contents”, she said.

According to the lawyer, ranging from the date of the chip to the conclusion that during the discussions the chairman of the Vetevendosje Parliamentary Group threw tear gas into the C301 hall, and because of the inability to continue, the Speaker of the Assembly interrupted the chairmanship meeting, having been led by the Parliamentary Assembly chairman at the time, Kadri Veselin, for whom the Prosecutor has stepped down to be a witness, that defence be unable to confront that witness regarding the evidence.

Zeqiri said the defence has been unable to confront other witnesses who have been present and testified, with the reasoning that, according to her, the prosecution has failed to ensure this evidence in previous stages of the investigation, or at least until the start of the trial.

So she requested that her protector be acquitted.