A defendant's defender missing, retrial postponed for double murder in Spatej de Decani

Regarding the absence of lawyer Kelmendi, the chairman of Judge Violet Husja-Rugova's court made it known that the same had informed the court through email that for family reasons it would not be present at today's session, reports the “Justice Bettim”.

Therefore, in the absence of legal conditions for holding the same court hearing, it has been postponed for June of this year.

Presented in this session were prosecutor Ersan Qavolli, the accused Durim and Sali Lusaj, as well as the deputy defender with the authorisation of Asdren McCaj.

For his murder, the Constitutional Court in Pec, the first time on April 14, 2018, had convicted Durim Lushain and had pronounced him a unique 25-year prison sentence for serious murder and possession without permission. The guilty had also been declared Sali Lusaj, where he was sentenced to 18 years in prison for serious murder in co-ordination and possession without permission.

The Court of Appeals, on July 3, 2018, had approved complaints of defenders of the accused as based and the case turned into retrial, due to essential violations of the criminal procedure and incomplete confirmation of the actual situation.

In the retrial, on October 28, 2022, the Constitutional Court in Pec, Durim and Sali Lushane had sentenced them to 43 years in prison (all along). On the other hand, Appeals through the decision of April 4, 2023, had refused to base the complaints of defenders and has confirmed the act of first degree.

However, according to demands for protecting the legality of defendants, lawyers Besnik Berisha and Kosovar Kelmendi, the Supreme Court, on November 14, 2023, has again turned the case into retrial.

According to Pec's Constitutional Prosecutor's Act, Durim Lusaj is charged that on August 25, 2016, about 18:30, in the village of Sprothet of the Decani municipality, after a preliminary dispute with firearms has been deprived of life by R.R. According to the indictment, the same one after having deprived his life of R. R, and Sali Lushan are also charged with killing B.R., as well as with firearms.

The Actakuz says that with these actions, they have also endangered the lives of minor A.R. and M.R.

Both are accused by the prosecution of committing the criminal offence of serious murder and criminally carrying out illegal weapons.

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