The judge accepts summary judgment, sides with the robbers

2023-10-18 22:16:19, Denoncim CNA

In this part of the "Stop" show, we returned to the case of Elidon Gjikoka, who through a lease contract for a property in Dhërmi became the owner, corrupting the legalization and mortgage system of Vlora.

After the publication in "Stop", the Prosecutor's Office of Tirana started another proceeding, sending to justice 16 accused, headed by Elidon Gjikoka, for abuse of office and corrupt acts.

Prosecutor Albert Kuliçi initially eliminated Elidon's associates, not accusing the 15 officials of Aluizni and Hipoteka. But the Supreme Court decided on November 22, 2022 to replace the measure from Compulsory Appearance to House Arrest. We have seen how on January 12, 2023 Elidon Gjikoka broke his house arrest.

Ilia Koka, one of the brothers, whose property was stolen, denounced this fact. After the announcement by the "Stop" journalist, the police of Vlora went to the scene and made it possible to escort Elidon Gjikoka to the police station, to continue the procedures.

After judge Enkel Peza dropped the charges against the 16 people in the preliminary hearing, the Koka family appealed and won the two levels, the Appeal and the Supreme Court, which decided that the 16 accused people should be punished.

At this stage, the case comes again to the Court of First Instance Vlora. Judge Hektor Sinanaj's next scandal is related to the fact that he accepted the summary judgment for the defendants, at a time when the law forbids it.

In this way, Sinanaj comes out openly in favor of the accused and Elidon Gjikoka. For this flagrant violation, we have received the opinion of three experts in the field Gentian Trenova, former prosecutor of serious crimes, Genci Gjokutaj, former prosecutor/lawyer and Andri Ymeri, former president of the Shkodër Court.

"I don't think there are any judges who will accept the request for a summary trial when it is proven that the file submitted by the prosecutor is invalid or unusable evidence. This is a consolidated practice since at least 2001. I rule out the possibility of proceeding with a summary trial because this implies that the judge does not implement the decision of the united panel of the Supreme Court", said Ymeri .

"The judge cannot accept the summary judgment. Put more popularly, this story is the foundation, because the whole purpose is the judgment and giving a decision in the end. But for this decision to be a synthesis of the evidence, this evidence must have been obtained in the form provided by the law. The finding of invalidity indicates precisely no more and no less the fact that the law was violated in obtaining or making that evidence. So there is a prohibitory provision that taxatively stops the court, in two cases where we have life imprisonment and in cases where the parties request invalidity or unusability, but the law mainly charges the court to ascertain it", said Gjokutaj .

"It is not possible for the court to accept the abbreviated trial by making this act part of the fascicle, for which there is a court decision that has declared it invalid. This court decision essentially contradicts a decision of a higher court that declared it invalid. This would lead to an irregular process and would then lead to an invalid null decision and I think that then in another process at a higher level this process will be considered invalid", said Trenova./tvklan