“He managed to carry out his decision to exhumation”, Djind shows why he was indicted by Mimoza Kusari

“Mimoza Kusari-Lila has lost his election and has failed to carry out his decision of expropriation, because the same was abolished by me when I was appointed mayor and so I saved the municipality from losing about 800 thousand euros in advance for those decisions. How much more so according to this claim I think the plaintiff has charged me with slander, for something that existed, but with the loss of elections, what has existed has not been realised”, Djind said.

The indictment has been exercised on November 13th 2017, where plaintiff Mimoza Kusari-Lila through the indictment has demanded compensation for moral damage to slander and insults against indictees Ardian Djini. The indictment's object is statements by the president of the Gjakova municipality at the time of the municipal election campaign, where Kusari-Lila, currently deputy in the Vetevendosje parliamentary group, reports “Justice Trust“.

Djind, in the quality of the indictees, stated that in political terms the ethics and public interest of actions taken, not the legality of those actions, the prosecution is taking over

“The people who are in politics talk about public opinion, the same lay up their beliefs about what should happen or not, whether a certain action is permitted by the law, and in this case, we talk about unethic action, according to my political conviction, and as such I have classified and said during the” campaign, Djind said.

The indictee said the statements cited in the indictment had done on time of the election campaign to elect the mayors of Kosovo municipalities.

While fugitive Djindjic's representative, Meshar Selimaj, said that according to the indictment, it is claimed that on October 2nd 2017 on the “Local Magassine” show in Kosovo, Djind has declared that “Zj. Mimoza Kusari-Lila has given herself permission 23m from tower “Sylejman Vokshi”, thus borrowing the citizens of Gjakova“.

Selimaj asked Djind what basis this statement was made, and the indictee replied that there is material evidence that this has happened.

“Property exploration around “tower Sylejman Vokshi”, beyond the perimeter set by the Ministry of Culture, and that these findings are limited to the properties of the Kusari-Lila prosecution family. My controversial claims are based on the decisions of the Municipal Convention for Expedition, the more at the Municipal Assembly session when I was mayor, when the decision was made to annul the decision to explore, the plaintiff entered the session without an invitation and made scenes that are recorded”, Djind said.

He added that such a statement was made when the same ran for mayor and that the counterCandidate now had the Kusari-Lila indictment.

While, for the next statement included in the indictment, when it is said the indictee has declared that “z. Mimoza Kusari-Lila has awarded tenders to businesses in which she is a marriage partner, in this case Mr. Arben Lila, adding here that he has left nothing without doing for personal interests... Arben Lila is a partner in Fiberlink and a discotheque”, said that there was a broad public opinion about it, and as a result of public statements said it.

On the other hand, for the statement that “z. Mimoza Kusari Lila has depleted the lands near tower “Sylejman Vokshi” for personal interests and such has been robbing the Gjakova municipality budget for personal interest”, said it was also his electoral promise to cancel the decision on exploration, which he had at the time praised as against the interests of Gjakova citizens.

Later, prosecution representative Kusari-Lila, Egzon Doli said that from data at the Business Record Agency, 2017, in Fiberlink business and in two of the discotheques that were existing at the time in Gjakova, it is not confirmed to have been Arben Lila partner.

While adding that on October 28th 2017, in the programme “Rubicon” the indictee has declared that the plaintiff has awarded tender to businesses where her partner is, Arben Lila, referring to the above-mentioned businesses.

I would like to add that if I had considered that the co-owner's co-ownership to be legal, probably seven years ago I wouldn't have mentioned it, I would have mentioned only part of the company's contract gain. There has been widespread public opinion that such a thing has been true”, Djind said.

Lawyer Dolly sought to know if he remembered indictees in the event of the auditing in 2018, he found that by the actions of the plaintiff issued in 2016-2017 as the indictee claims to have damaged the Gjakova municipality budget.

Based on the indictment's object, among the points where the indictment has claimed to have been slandered is the fact that here the indictee has claimed the same had robbed the Komuna budget, under the law on public finance management but also auditing. The municipality is subject to auditing for the previous year, so that if, eventually, budget theft by the plaintiff had existed, such a thing would certainly be identified in the audit made to the municipality”, Dolly said.

For this, Djindey said it also constitutes the essence of the indictment's error, because according to him the free word in the election campaign is guaranteed at all international conventions.

Mimoza Kusari-Lila was not present, for which Judge Felanza Knusaj announced that she did not accept the invitation personally but was accepted by a family member.

For this, the Court asked the authorised whether it was announced that it would be heard in quality of the party, while the lawyer Soll said it has been announced, but because of official commitments in the Kosovo Republic Assembly, it has not been possible to participate in this session.

The same, through lawyer Dolly, had demanded postponement of today's session and granting the opportunity for a statement at the next session, which was rejected by Judge Knushaj.

“Since through the authorisation of the prosecution, the court reportedly the same has been announced that at today's session it will be heard in quality of the side, this proposal made by the plaintiff through its authorised, and the request to postpone the session was made right at this session, therefore the court has not been announced in time for such a request”, the judge said.

Otherwise, through the indictment exercised on November 13th 2017, plaintiff Mimoza Kusari-Lila has filed lawsuits for compensation for moral damage to slander and insults against indictees Ardian Djini.

The indictment reportedly indicted Djindani on October 2nd 2017 on the “Local Magaza” show in Klan Kosova had stated alluding that “znj. Mimoza Kusari-Lila has given herself permission 23m from tower “Sylejman Vokshi”, thus borrowing the citizens of Gjakova”.

Also, the indictment said that indictee Djind and on October 24th 2017 on the “Rubikon” on KTV has given these statements: “zj. Mimoza Kusari-Lila has awarded tenders to businesses in which she is a marriage partner, in this case Mr. Arben Lila, adding here that he has left nothing without doing for personal interests.” It has stressed that the husband, or “Arben Lila, is a partner in Fiberlink and a discotheque”.

The indictment also states that on the same show “Local Magaza” in Klan Kosova, indictee Gjini has declared that: “Mayor of the municipality, Mrs. Mimoza Kusari Lila has exhumed the lands near tower “Sylejman Vokshi” for personal interests, and these are the ones that have stolen the Gjakova municipality budget for personal interest”.

According to the indictment, the indictee's claims stand in no circumstances, and in this case the wife of the plaintiff Kusari-Lila, Arben Lila, is neither a partner nor a owner of “Fiberlink”, and actually none of the businesses who have won tenders in the Gjakova municipality.

Also in the indictment, the Kusari-Lila suit reportedly had no personal interest in expropriating lands around the tower “Sylejman Vokshi”, given that the urban plan for this part has been drafted long before Kusari-Lila serves the citizens of Gjakova.

The indictment requires that the indictee be obliged to file charges on behalf of compensation for moral damage to Turkey compensate for the amount of 9 thousand and 500 euros, with legal interest of 8%, as well as is ordered by the indictee to make public apology regarding the slander the indictee has made and to expose them overall.

Otherwise, the Constitutional Court in Gjakova on June 10th, 2019 had partially approved the request of the indictment of Mimoza Kusari-Lila, while the Court of Appeals had turned the subject into retrial, apologising that the indictee's complaint was based on the indictee's complaint, undermining the Constitutional Act with the argument that the legal position of the first degree is wrong.