The 2008 Act, Customs Official: We received information from KFOR that cigarettes were being sold off base

Witness Plana said that during the 2006-2007 period, of which the accused allegedly committed criminal acts, she worked in the investigation sector in Kosovo Customs. According to her, at that time they had accepted information from KFOR, that a portion of cigarettes “freewill” (free from customs duties) destined for KFOR were being sold on the free market. Information was also attached to several bills that, according to them, did not have KFOR stamp, reports “Justice Trust”.

The Witness said that after this information, she had been presented to the Prosecutor, where she had issued secret measures and surveillance with authorization.

What we've noticed from the secret measures is that the transport of these cigarettes by being based on dates, on concrete day cigarettes are drawn from the base of Slavica (KFOR) by driver Lulzim Gashi, according to Shaip Ferizi's instructions. With a van, the stuff went to Miloshite, that rub was pulled by Faton Topanica. The van has gone to the Sfenchel where we've been betting and we've taken in KFOR cigarettes, which have written “duty free” At least at the time they wrote it that way”, she said.

Special Prosecutor Africa Shefkiu asked the witness that under these measures, who was the organizer, according to the hierarchy.

The Witness said that the accused Shaip Ferizi had organised the work inside and outside KFOR, while according to her, Shqipe Avdiu had done the discharge of bills along with Arben Jasharin, who had sealed KFOR bills, with counterfeit seals, as if this commodity was sold on other KFOR bases, enabling these cigarettes to come into black market. While, he said that transportation had carried out Lulzim Gashi.

Asked where they had ascertained the bills were with false restraints, witness Plana said that she had ascertained it on the basis of KFOR's response because as Dogans had no access to their stamps, but the KFRO had said forged stamps and singled out certain characters.

The accused Shaip Feriz asked the witness how it is possible that those cigarettes have gone out of KFOR, and if so, what has the firm done in KFOR? He added that for each sale KFOR has received 10%, with the same seals allegedly being false.

Plana said she cannot respond to work within KFOR, but only for her paperwork, which is also related to physical cigarettes that are busy.

On the other hand, the accused Feriz asked what happened to the merchandise blocked at Pristina Airport. The Witness said that it has been a long time since and is no longer in the same department, so I don't know what happened.

In addition, the witness explained the procedure, which was then due to KFOR's destination of goods. She said BDF distribution has brought the goods to Dogan, which BDF PDF has received and divided into other camps.

“Malli imported with KFOR certificate, with KFOR seal, Kosovo Customs has the signatures of personnel responsible for the goods. That commodity should go to KFOR's bases to free myself of taxes. When she went out with the military base in Slatine, she sealed up the goods, and with that fature she went with the other”, she explained.

The same said he couldn't remember if there was any document showing that the other camps were not supplied with goods, but that the documents issued were available, but only on paper.

The defender of the accused Feriz, lawyer Besim Avdyli, said that Dogana has taken responsibility to employees, while in KFOR he has had management and the highest hierarchy. That's why the witness said there's nothing to add.

Regarding the value of tax evasion, Plana was asked how the estimated 1.5 million had come, when the value of goods was 30,000 euros. For that, he said, 1.5 million has emerged from other bills handed over by KFOR, because, as Dogan, she said they have only received a physical case.

At the beginning of the session, the chairman of the court, Arben Hoti, announced that one member of the Mentor Bayaktar, who has advanced to the Apel, and now, instead, is the Shyt Conception, while the other member is Valon Kurtaj.

Unlike on March 11, 2019, the Constitutional Court in Pristina had sentenced nine accused of organised crime to prison on condition: Shaip Feriz, Albanian Avdiu, Arben Jashari, Mustaf the Year, Medbet Mustafan, Besnik Feriz, Faton, and Arsim Topanica, and Aydar Yashari.

However, to that decision, the Court of Appeals had filed complaints with defenders of the accused on December 18th 2019 that the court has approved their complaints, as well as on official duty has annulled the first degree of bias and turned the case into retrial.

According to the indictment, filed on December 30th 2008, the nine accused from September 8th 2006 to October 9th 2007, had committed serious crime as part of an organised criminal group, each having their role divided into criminal activities.

The indictment reportedly aimed at directly or indirectly benefiting an illegal property or financial benefit, during the importation of cigarettes as KFOR contractors and on behalf of KFOR had misused official duties.

In this case, according to the indictment, cigarettes worth 2,931,929.08 had not been handed over to KFOR, but sold to other companies without banners, causing tax evasion to Kosovo's consolidated budget in many of Kosovo's 2,441,927,71 euros.

Prosecutorial of the accused Shaip Feriz, Shqipe Avdiu and Arben Jashari, charged them with criminal acts “organised crime”, regarding criminal work “Using official task” as well as criminal activity “Shun false duties payments”.

While defendants Mustafe Vitita, Medjid Mustafa, Lulzim Gashi, Besnik Ferizi, Faton Topanica, Arsim Topanica and Aydar Jashari, charged them with criminal work “Organised Crime” over criminal work “Avoid paying dues”.