The Special Court clarified the clash between Sali Berisha's lawyers during today's session for the former prime minister.
GJKKO says that it has accepted the request of Berisha's lawyers, Sokol Mêngjesi and Genc Gjokutaj, to make available the "CD" with the audio of the first session for Berisha, as well as the copy of the preliminary investigative documents.
Therefore, GJKKO says that it rejected the request of Gjokutaj and Mangjesi to send the issue of Berisha's detention measure to the Constitutional Court for interpretation.
And from the moment of the boycott of the court session, GJKKO has decided that it will continue with a lawyer mainly from the Local Bar Association and he is Artan Simoni.
GJKKO's reaction:
- On 25.10.2023, at 2:30 p.m., in the Special Court of First Instance for Corruption and Organized Crime, a court hearing was held for the continuation of the examination of the request presented by the Special Prosecutor's Office, with the purpose of questioning the citizen under investigation Sali Berisha.
- The court, after verifying the presence of the parties, found that the investigator Sali Berisha had not appeared in person and that his 2 defenders had appeared, chosen with a special power of attorney, Mr. Sokol Mêngjesi and Mr. Genc Gjokutaj.
- On the part of the defenders, 2 requests were submitted, namely: For making available the copies of the acts of the preliminary investigations filed by the proceeding body, the CD-audio of the previous court session and its transcription, as well as simultaneously requesting the sending of case to the Constitutional Court for an incidental trial, related to the interpretation of Article 73, point 2 of the Constitution.
- After the court retired to the consultation room, it ruled as follows regarding the requests submitted by the chosen defenders of the investigated Sali Berisha:
Regarding the request for making available copies of the acts of the preliminary investigations filed by the proceeding body, the court has decided with a decision in the previous court session dated 24.10.2023, which accepted their request for recognition of the acts and at the same time to receive their copies in accordance with article 105, 110 and 248, point 1 of the Penal Code.
Accepted the request for making available the CD-audio of the previous court session and its transcription, against the respective fees.
Dismissed the request to send the case to the Constitutional Court for an incidental trial, related to the interpretation of Article 73, point 2 of the Constitution.
- On the part of the defenders, av. Sokol Mêngjesi and av. Genc Gjokutaj, it was announced that they have submitted a request for the exclusion of judge Irena Gjoka from the trial of the case, and in these conditions they left the courtroom, declaring that they cannot fulfill an effective defense.
- The court announced that in the first court session, in the conditions that it was not aware of the choice of a defender by the investigated Sali Berisha, referring to the list of lawyers mainly, it ordered the notification of the lawyer Artan Simoni, informing the latter to appear before the chief secretary of this court to familiarize himself with the documents in advance, in the event that the investigator Sali Berisha would not choose a defense counsel.
- After receiving the opinion of the prosecutors, under the conditions that the 2 lawyers chosen by the investigated Sali Berisha, av. Sokol Mêngjesi and av. Genc Gjokutaj left the courtroom, based on article 6, 48 and 248 of K. For criminal cases, the court decided to appoint mainly the lawyer Artan Simoni, a member of the Tirana Local Chamber of Advocacy, to protect the legal interests of the investigated Sali Berisha.
- The court stopped the judicial review for a few minutes, waiting for the arrival of the lawyer Artan Simoni, for the continuation of the court session.