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Lawyer Klodian Skenderi: The incinerator file should have been closed

2023-04-14 09:30:29Aktualitet SHKRUAR NGA REDAKSIA VOX
Lawyer Klodian Skenderi: The incinerator file should have been closed
Klodjan Skenderi

Klodjan Skenderi, the lawyer of two of the accused for the Elbasan incinerator, asks the Anticorruption Court to respect the principle of "res judicata".

Insisting that Mirel Mërtiri and Stela Gugallia have been investigated earlier by Elbasani's charge and the file has been dismissed, the couple's defense recalls the example followed by the same court for citizen Robert Shabai and the late Enver Sheshi.

Both of them, in the trial on the Fier incinerator, had asked the black toga to be released after they had been tried earlier and could not be tried twice. However, the request of the suspects was deemed fair only after one of them passed away. After Shabani spent several months in detention, the preliminary judge declared that the case should be dismissed and ordered his immediate release.

"From the beginning, the Special Prosecutor's Office has had a procedural obstacle to the two defendants that I represent. The obstacle is precisely the decision of the Elbasan judicial district court. In the present case, taking the trigger from other issues. Normally, the Prosecutor's Office, following the procedure, should proceed with a request for revocation of the dismissal decision and then pursues a criminal offense. Which means, that decision is in force today. Criminal prosecution cannot be carried out if the facts have been administered and have served as a basis for issuing a final court decision, as is the case with the decision of the Court of Elbasan. They are the same companies administered in this process".

Recalling the evidence, the lawyer insists to Top Channel that the expertise shows completely different circumstances from the version of SPAK.

"During the phase of the preliminary investigations, it was proceeded with the performance of two acts of expertise, such as the act of expertise of the performance of works and the act of accounting expertise. Meanwhile, in these two acts, as reported by the experts, it is established that the amounts used for the construction of the Elbasan plant are more than the amounts received from the two sources of financing, from the state budget and from the loan contract.


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