Prosecutor Wants Sentence of Former LDK Deput for Abuse of Votes

Gashi and Balaj are being accused of misusing votes in early parliamentary elections for the Kosovo Assembly held on February 14th 2021, reports “The Justice Vow”.

Initially, special prosecutor Ilir Morina has delivered his final word in writing and has relaxed it by presenting several photographs of the accused through the laptop.

According to him, after reviewing all evidence, it has been fully proven beyond well-based doubt that the accused in co-ordination with the already convicted accused have committed the criminal acts they are charged with.

He said this group has manipulated 71 votes, which were then handed over through the Bus Station in Pec, which were later handed over to Austria, which he said received the Shala Rescue by first handing them over to the Post and then to the CEC.

According to prosecutor Morina, on the day the bags were delivered at the bus station, there had been 163 calls between Shkumbin Gashi and Kastriot Blaj.

The same said that the court during the assessment of evidence as grave circumstances take into account the motive for conducting criminal acts and the high degree of participation and willingness to commit criminal work.

The special prosecutor has demanded that the accused be convicted and punished according to the law, and therefore protected by democracy.

On the other hand, the defender of accused Fatmir Kurmej lawyer, Sile Balaj, said that during this trial by the Special Prosecutor, except lectures for democracy there is no evidence or other evidence. Regarding prosecution claims of 63 calls between accused Shkumbin Gashi and Kastriot Blakaj, lawyer Kurmeha said how the number of calls, not the reason and content of these calls, would be known.

According to him, even in democracy it is legal and legitimate to support a candidate in the election campaign and that there is no evidence that his defender has been organising this work.

He said even the Special Prosecutor's witnesses did not mention his defense that he had tried to call or vote on their behalf.

“I don't know whether there is any provision in Penal Code condemning the support of a candidate”, lawyer Kurmehaj has said, proposing that against the accused Gashi the court issue a free trial.

Similarly, the defender of the accused Shkumbin Gashi's lawyer, Xhafer Tahiri, said the Special Prosecutor failed to prove that his defender has committed the criminal work he is charged with.

The special procedure presents us with a picture that hasn't been done with any expertise to prove the authenticity of the picture or the time it was taken. If expertise was done, it will prove that this photo was not taken in the country where the prosecutor is claiming, nor when it was made, nor by whom. This photo should not be used as evidence unless expertise is made”, lawyer Tahiri said.

Also, the same one has raised doubts about the prosecution's admission of envelopes, as those prosecution envelopes according to him say he had taken them to the CEC, while the prosecutor had said he had taken them to the police.

“The Prosecutor's claim that Balaj has filled out the ballot papers, and this is seen in the photos, brings down expertise because there are no fingerprints of my defense on the ballot. The prosecution has failed to prove there is evidence of my defense sentence”, lawyer Tahiri said further.

He said the admission of guilt by other co-accuseds in this judicial case cannot be taken as evidence, as prosecutors claimed to submit, because the Criminal Code guarantees the presumption of innocence and the admission of a person's guilt does not mean that other persons in the indictment are guilty.

While accused Gashi and Balaj have backed the final word of their defenders.

Otherwise, at the February 2nd 2024 session following the defendant's proposal, the court had singled out the criminal procedure against him, as it was about another criminal act.

On January 31, 2023, the plea agreement was approved, where accused Milot Balakaj was sentenced to 20 months in prison on bail.

Former LDK President Shkumbin Gashi, Kastriot Blakaj, Dardan Blakaj, Tahir Shala and Syla. Balaj, at the March 17th 2023 session, had been declared innocent in connection with the allegations of misuse of votes in the February 14th 2021 elections.

Indictee Dardan Blakaj, at the April 24th 2023 session following the approval of the plea agreement, was sentenced to a unique sentence of 11 months in prison on bail, on charges of misuse of votes in the February 14th 2021 elections.

While, at the May 29th session 2023 following the approval of the court's plea agreement, Tahir Shala was sentenced to a unique prison sentence of 20 months on bail for misusing votes.

However, at the May 29th session 2023 following the approval of the plea agreement by the Constitutional Court in Pristina, accused Kastriot Blakaj has been sentenced to a unique sentence in length of 24 months in prison on bail.

On August 8th 2023, the accused Shpettim Shala had reached agreement to plead guilty with the case being sentenced to 11 months in prison on bail.

The act against Shumbin Gashi, Kastriot Blajaj, Saving Shala, Tahir Shala, Milot Blajaj, Dardan Blaj, Sylla Balaj and Gevukaj were established on December 29th 2022 by the Special Prosecutor of the Republic of Kosovo.

In the indictment, Gashi as the LDK MP's candidate, in association with Kastriot, Dardan and Milot Blakaj, Shala and Balaj had voted in the name of Kosovo citizens living in Austria, so these actions are accused of committing criminal work:“due to the right of voting” and “Identification and equipment of access”.

And the other indictee Genevukaj reportedly caused fear through the canal to Agim Abdel, so he is tasked for the criminal work “Canning”.