
The Special Court of First Instance rejected on Tuesday, May 19, through an interim decision, the request of the legal representative of the former socialist MP, Plarent Ndreca, for the invalidity and inapplicability in the criminal process against him of the wiretaps carried out before his name was registered as a person under investigation.
Ndreca's lawyer, Ermal Yzeiraj, has raised this claim before, while the prosecutor in the case, Dorina Bejko, has considered it unfounded.
According to Yzeiraj, at the time Ndreca was wiretapped, SPAK declared in court that he was a suspect in the criminal offense for which he was being investigated and that his name should have been registered as a person under investigation. According to the lawyer, this would give Ndreca the right to provide explanations and challenge the actions of the prosecution, which he considers illegal.
Prosecutor Bejko has defended the idea in previous sessions that it is up to the prosecutor to decide when to register a person's name in criminal proceedings. According to her, the name of a person under investigation cannot be registered if evidence has not been provided that leads to reasonable suspicion. Even during the session on Tuesday, the parties maintained the same research and submissions.
The court, after retiring to deliberations, noted that the legislator did not determine that wiretapping should only be carried out when the person is under investigation.
"Registering a name as a person under investigation is an action that contains formal and substantial elements, which determine the reasonable suspicion to take the person under investigation. ... The legislator has not determined a fixed moment when the name of the person under investigation is registered," stated the presiding judge, Rudina Palloj, and added that it is the prosecutor who has the authority to decide when there are reasonable suspicions.
The court dismissed the defense's claims as unfounded and, after completing the review of the preliminary requests, decided to open the trial.
The hearing was postponed to June 3, at 09:00, when the prosecution will present its analysis of the evidence in the case.
According to SPAK, a group of officials and former officials of several institutions, under the leadership of Socialist MP Plarent Ndreca, are accused of illegally favoring architect Gjon Radovani to win tenders worth 34 million lek. At the time of the alleged criminal offense, Ndreca held the position of Secretary General of the Ministry of Interior.
In October last year, the case against Ndreca was separated from that of the other defendants, after the former socialist MP requested to be tried under the usual procedure. The other defendants are being tried under the abbreviated procedure. (BIRN)