“Bon Vivant 2”, the damaged side says the indictment is flawed

Lawyer Sylejmani said the indictment was done in haste on the part of the Prosecution and that the necessary investigative actions were not carried out, reports “Justice Vow”.

"Initially, let me tell you that we have carefully analyzed the indictment and for us as protection, this indictment has substantial shortcomings. It appears to have been done in a hurry, failing to assess the case and performing all necessary investigative actions”, attorney Sylejmani said.

He also said that no witnesses, including the wife of the deceased who, according to him, would be able to give interesting details about the case, and which details matter in enlightenment of the truth.

According to him, the murder has taken place well planned and that it is not carried out by strong mental shock and that shortly before the incident the Pajaziti accused had long automatic weapons and that the bar was demented by the same one.

For the moment of gun shooting, lawyer Sylejman said the accused Pajaziti had the bullet in the barrel, which he believed was obviously ready for action.

Lawyer Sylejmani explained that he will propose the extraction of material evidence and the hearing of several witnesses so that the truths concerning the K.R.'s murder can be enlightened.

According to him, the expertise has not shown any elements suggesting mental shock, even the report to the part of psychic status has described Pajazit as conscious, oriented and without obstacles to articulation.

Sylejmani said the participation of a neurolog in the design of expertise is essential to conducting a full and accurate assessment of the state of mind of an individual, and that in concrete cases, the lack of these specialists has led to an incomplete and incorrect expertise as well as unclear.

Similarly, the opening word was given by the prosecutor, Nebahate Salihu, who said that through the expert's statement, it would be explained how the accused Pajaziti's action has come to pass and will prove that the murder was committed by the state of severe mental shock.

While Pajaziti's defender, attorney Fanol Krasniqi, in the opening remarks, said that during the trial they would prove that the Pajazit's goal was not to hurt someone and that by arguments they would prove this, and that the arguments of one might cause concern.

Lawyer Krasniqi said the situation was also built at the bar to strain (situate) and the attack occur.

According to lawyer Krasniqi, at the end of the trial it will prove that elements of the criminal act are missing for which Pajaziti is accused by the prosecution, arguing that in his actions there is no will and lawlessness.

Later, the session was interrupted at the request of the damaged party, since they have not been notified that forensic expert Arsim Gashi will be heard at the session, asking the court to give him sufficient time to prepare questions about Gashi.

Such a request has been rejected by the protection of Pajaziti, lawyers Fanol Krasniqi and Florent Latifaj, with the reasoning that during the entry address of the damaged party, it has been talked about expertise, which they say turns out are prepared to confront the expert with the same.

The defence added that Pajaziti lies under the detention measure and that postponing this session is unfair to him.

Similarly, case judge Erol Gashi has approved the prosecution's proposal and the damaged side for witness hearing: Hysni Gicaj, Gezim Zakuti and Nicole Loly.

However, Judge Gashi has approved the request of the damaged party and the session was interrupted to continue in the following months.

Otherwise, the Pajazi accused has also been declared innocent.

The Constitutional Prosecutor in Pristina on 21 June 2024 has filed charges against Andy Pajazit over the August 4th 2023 murder at the “Ban Viant”. Pajazit is charged with criminal work “Murder conducted in a state of severe mental shock” after, according to the Prosecutor, the shock he had received from now on of the late K.R., the accused without his blame and without thinking of the consequences had drawn the weapon and shot K.R.

According to the indictment provided by “Justice Bettim “, on August 4th 2023, around 23:17 at the local “Ban Vivant” in Prustin, in which the defendant Dukagjin Lekaj is on the run, along with now the late K.R., goes accused Pajaziti, which Lekaj invites to sit at the table where he is now feeling.

The event says that after Pajaziti sits and starts talking to Lekay, the situation soon begins to tense and that seeing the situation tense, the security of the Hisni Gicaj club, who grabs the right hand of Lekaj defendant and tries to calm the situation down, but now the late K.R., who was behind security, hits him with a bottle in his head twice now accused of Pajazi.

According to the indictment, Gecaj constantly holds Lekat's hand, while Pajaziti after the strike from now the deceased pulls the gun out of his belt and without even thinking about the consequences hits the late K.R. in the direction now.

“... defendant Andy Pajaziti after the sting, the late man is now pulling his weapon out of his right-hand side, due to severe mental shock, without his fault, without thinking of the consequences of extracting the weapon from his right-hand side, firing firearms, now hitting the deceased K. R”, said in charge.

The indictment also says that the weapon was pulled out of the bag by the defendant Lekaj, during this time the security was holding his hand to try to get rid of him but has not arrived, and Lekaj had the gun pointed at Pajazit and fired on him, causing the accused Pajaziti severe injuries in his left hand.

And it is said that the death of the C.R. has resulted from internal and external bloodshed, which has led to bleeding shocks caused by the firearm.

Therefore, for these actions Pajaziti is being charged with criminal work “assassination conducted in a state of severe mental shock” under Article 174 of the Republic of Kosovo Penal Code (KPRK).

Also, Pajaziti because in the same place he had held the type “gun. Smith” against the law. So it's also being commissioned for criminal work “ownership, control or unauthorized possession of weapons” by Article 366, paragraph 1 of KPRK.

Otherwise, in this banned case there was also N.L.l., suspected of criminal activity “The provision of assistance following the conduct of criminal acts”, which was assigned a month-long detention measure on 5 September. The same, after a month of this measure, has been suspended from detention, as there was no request from the Prosecutor for continuing detention. On the other hand, Gezim Zakuti and Hisni Gecaj, suspected of involvement in the case, on August 29, 2023, were released from the detention measure. The other suspect in the case, Dukagjin Nikollaj, is on the run.

The Constitutional Prosecutor in Pristina, on August 5th 2023, announced that all suspects in the case of “Bon Vivant” have criminal past. And Interior Minister Jedal Svecla has made the justice system guilty of killing “Bon Vivant”.

Regarding the August 4th case, Kosovo's Clinical Hospital Service and University University had announced that 17 people have been injured, while one of them died as a result of injuries. The case reportedly occurred as a result of a dispute among the defendants.

Kosovo police had confirmed in the early hours of August 5th that in the incident that occurred at a local in downtown Pristina, there are persons injured with firearms, but also from glass fragments.