5 minutes agoThe indictment against Agron Mustafa confirmed that it caused damage to some 7m euros to Telekom
Periskopi(2 years ago)
(2 years ago)The Constitutional Court in Pristina has confirmed the indictment against former Telekom Chief Agron Mustafa in case “PAYCOS”, which the alleged damage to Telekom is supposed to be close to 7m euros. Mustafa is charged with committing criminal work “accessing harmful contract”. In the verdict provided by the “Justice Vow”, which turns out to be [...]
In the ruling, provided by “Justice Vow”, which turns out to have been taken on March 5th 2024, says the Constitutional Court in Pristina has rejected the request to drop the indictment and object to evidence submitted by Mustafa's defender, lawyer Driton Muharremi.
Lawyer Muharrem had demanded that the indictment be brought to the claim that it does not meet even the minimum standard of suspicion based that the defendant Mustafa has committed the burdened criminal act, as well as the evidence found in the subject papers does not prove that he committed the same criminal work he was charged with.
The other presumption of the defence is also the act of suspending the investigation, which according to the defence has been illegally taken because the prosecution subject sent to Albania in order to ban the absolute prescription and the reasons for which investigations have been suspended have nothing to do with cases allowing the suspension under the KKP.
The defence has also opposed super-expertosis, with the claim that the State Prosecutor over the commitment of experts abroad has acted contrary to Article 9 and 10 of the Law for Judicial Experts.
The request for opposition to the evidence and to drop the indictment, this court has rejected it as unfounded, with the argument that the indictment as such has been compiled in accordance with Article 235, paragraph 1 of the KKPPK, as well as the same does not contain shortcomings that enable the continuation of the criminal procedure to continue and that it contains all the necessary elements to be processed away.
“... once based on substantial supporting evidence and contracting legal provisions and that there is no room for throwing an indictment and opposing evidence as claimed by the defendant's defender that evidence found in the subject documents does not prove the same has done the criminal work for which he is accused and is contrary to the rules of chapter X VII of the KKPPRK” is said to be further in the court's ruling.
In terms of the claim that the super-expertosis sent to Albania has been intended to stop the absolute prescription, the court has found such suspension to be confroned under the 155th of the KKPPRK and is not issued on investigative goals.
Meanwhile, in terms of the claim that the State Prosecutor over the commitment of experts abroad has acted illegally, according to this court at the time when the prosecution made the commitment of experts abroad to Albania's consciousness, the aforementioned law (Law for Judicial Experts) has not been in force, so that until August 2023 it was the regulation for the Certificate Procedure, Name, Constitution, Law, Obligations and Reward of Judicial Experts approved by the KR, where the same case had not been arranged under defence claims.
Under that ruling, the court has found that to prove the guilt or innocence of defendant Mustafa, it should go into judicial examination, so it estimates that at this phase of the procedure all these defence claims are groundless.
Otherwise, on this criminal case, this court on January 9, 2024, has held the initial session in which defendant Mustafa was declared innocent of the criminal act he is accused of.
The “Justice Vow” has also secured the indictment filed by the Founding Prosecutor in Pristina, which turns out to be compiled on May 3rd 2023.
According to the indictment, the accused Mustafa in the quality of Kosovo's chief executive chief of Kosovo Telekom in Pristina, on March 16, 2015, and has consistently acted at the expense of PTK, so that he has initially contracted agreements with Paykos L. L.C., where the economic operator plays the third-hand broker at the third side for selling products mostly electronic fillings and electronic code generated for scratching cards, product prices and services have included VAT, where the total sales bill was 9.7% of the transaction.
The alleged act, says accused Mustafa deliberately and in order to cause damage to the Public Enterprise “The Kosovo Telekom on the one hand has repeatedly signed additional polls where each type of projection to be paid to the economic operator has added to the VAT, favouring Paykos on the other has damaged Kosovo Telekom.
According to the prosecution, harmful ones have been deemed Anex I I, III, V and VI, 2016 Mmorandium and the commercial co-operation agreement-offing services for rewarding games.
With the link to these polls-agreements, the prosecution says the accused Mustafa has knowingly acted at the expense of the company that has repeatedly changed the terms of the contract to the disparity of the company he represented, instead of defending its interests, so the same has deliberately caused damage to Kosovo Telekom, and that is worth 6 million and 796 thousand and 732 euros.
With these actions, Mustafa is accused of committing criminal work “accessing the harmful contract”, from Article 291, paragraph 2 concerning paragraph 1 and concerning Article 81, paragraph 1, subparagraph 1.2 and 1.5 of KPRK.
Otherwise, Mustafa was charged on another occasion, which in December 2022, the Court of Appeals has confirmed the first degree act, which on September 21, 2021, had declared a free trial against him and two other former Kosovo Post and Telecom leaders (PTK), Ejup Qerim and Raj Gjonbalaj, accused of corruption. /A Vow for Justice
