Supreme leaves the sentence on Shaban Gogate for impervious suicide against Agonis Tetaj

The Supreme Court, with the decision of February 27th 2025, has rejected the request for protection of the legality issued by the State Chief Prosecutor's Office, in effect of the Constitutional Court's decision in Pec and the Appeals, with which Shaban Gogaj was convicted of criminal acts “Murder from carelessness” and “maintaining control or authorised possession of weapons” that was the victim of the murder was Agons Tetaj.

“is rejected as uninvented for the protection of the legality of the Kosovo Chief State Prosecutor's Office, brought against the Act of Foundation Court in Pec .2024*, dated 15,03.2024 and the trial of the Kosovo Court of Appeals Department of Criminals,... date 03.2024<241>, reported in the Supreme Court's decision, reports <x224> The Justice Bet<3.

The verdict on Justice “had reported that the Court of Appeals sentenced him to prison for 7 years and 6 months until it sentenced Gogain to the first degree, had reduced him to 6 years and 6 months in prison.

Against the decisions of Foundation and Appeals, the request for protection of legitimacy has prompted the Office of the Chief State Prosecutor and him for essential violations and violations of the Criminal Law, with the proposal that the Supreme One cancel preliminary decisions.

The defendant's defender, Gogaj, lawyer Besnik Berisha in his opinion, had demanded that the Supremey cast as illegal or reject the request for protection of legitimacy submitted by the chief state prosecutor's office.

State chief prosecutor's office claims:

In a plea for protection of legitimacy, the State Chief Prosecutor's Office has claimed experts have found that the accused Gogaj has had knowledge of the use of weapons, filling, repeting and targeting. And that, according to them, all of this proves that there was a desire to commit murder and to do it gravely after having endangered other people in the place where Agonys Tetay was killed.

According to the request, Gogaj based on knowledge, which experts have found out he enjoys, the same one has had to know about the consequences of using a gas weapon or the real gun from the distance it is used.

https://www.periskopi.com/sl/sled-from-burg-shaban-gogaj-i-denuari-per-kill-e-agonis-tay/

Furthermore, according to the request, it is said that the first-degree court has not taken these findings to heart, but has only been given a few sentences within the expert's findings, which go in favour of Gogaj.

“Where the first-degree court has not taken these findings to heart, but has received only a few sentences based within their findings, which go in favour of the” convict, the verdict said.

It is said that it is surprising how the court has pardoned the faith of the Gogaj's statement that it has not been intended to deprive Tetay of his life and that he has had the conviction that a gas - and - not - fire weapon is on the spot.

This, since by demand, all this Gogate statement has been to flee criminal responsibility and condemnation for “grave murder”. It says that this Gogate statement does not coincide with video recording and ballistics expertise.

According to the request, if Gogaj hadn't intended to deprive Tatay of his life, he wouldn't have targeted the victim but shot into the air.

“... and as if the purpose of convicts were not to be deprived of the life of now the deceased would not have targeted it, but would have shot it into the air”, the decision is further stated.

All of it, the request is said to be that Gogaj is being watched in the video recording, nervous after the end of the phone conversation, where it points out that there's a cause for murder.

“... the same after carrying out the call with an expression of nervousness where the motive of the murder comes, sits on the side of the window on the right side of the table, pulls out the gun loaded with bullets and now targets the deceased and with it endangers the life of two other people who were close to him”, says further in the Supreme Decision.

The request of the Chief State Prosecutor's Office also mentions the unaware opinion of the court's chairman, Judge Violet Husa-Rugova over that Gogaj should be found guilty to “Heavy homicide” and not “Murder from carelessness”.

The Supreme Court's findings:

According to the Supreme One, the State Attorney himself, without legal grounds and without new evidence he had no right to stay close to the first indictment for serious murder, which had rescinded him to murder by negligence.

So the third scale emphasizes that the State Attorney has full competence in the rise of the indictment, representation until the stage of its change and expansion, but then the procedure is considered by the court. And the latter, it is said, has two possibilities for taking the test and the one behind the final word and during taking the case, respectively.

Always according to the Supreme One, the claim regarding the motive mentioned in the demand for protection of the legitimacy submitted by the State Chief Prosecutor's Office is unequivocal, since this motive has not even been presented in the initial indictment, where Gogaj was accused of serious murder.

Unfounded, the Supreme has also found the other claim to have been entrusted by the court with the statement Gogaj made because according to this Court, the Foundation in Pec has analysed and praised all the fully administered evidence.

On the other hand, the Supreme One has clarified that it is not in their power to dismiss the Court's non-recognitional assessment and that incompatible thinking may be presented and that it was important that the majority of the court was Gogaj found guilty of murder by carelessness.

Hence, the Supreme Court estimates that the request to cancel the lower court decisions and that the case be turned into retrial at the expense of the accused can only be made in cases of serious offenses that do not, according to them, exist.

On October 14, 2022, the Constitutional Court in Pec had declared a punishment case against accused Shaban Gogaj, condemning him to 7 years and 6 months in prison for the reckless murder of Agony Tetaj. As for Isuf Cacaj, with 2,000 euros in fines for possession without permission.

The Court of Appeals on March 23rd 2023 had reviewed the complaints of Gogate's defender, lawyer Besnik Berisha, the damaged party, lawyer Berat Trava and the Constitutional Prosecutor's complaint in Gjilan. But after reviewing complaints, Appeals on March 23, 2023 has turned the subject into retrial.

On March 15, 2024, however, the Foundation again sentenced him to 7 years and 6 months in prison for murder of negligence, while Isuf Cacaj was sentenced to 2 thousand euros in illegal weapons penalty. On the other hand, Appeals changed the Constitutional Act against Gogate as regards criminal activity “retaining ownership, control or unauthorized possession of weapons”, condemning him to two years in prison. So Gogatet was pronounced a unique sentence of 6 years and 6 months in prison.

Through the November 24, 2024, the Supreme One released Gogain from custody. On January 14, 2025, the prison sentence began.

According to the indictment filed by the Founding Prosecutor in Pec, on June 12, 2019, Shaban Gogaj is charged with being charged on September 23, 2018, about 11:04 in Decani, on “Street. Luan Haradinaj”, in the “company, respectively Gogaj AG” is deliberately deprived of Agonys Tetain's life, and with that he has risked the lives of the injured A.H. and F.Z. In this case, illegal possession is also charged with Isuf Cacaj, where according to the indictment, at “store. Gogaj AG”, held the gun, found by police in drawers under the ark's counter.