
Former Minister of Environment, Lefter Koka, through his lawyer at the Special Appeals Prosecutor's Office, opposed SPAK's request for the calculation of the sentence served for the Tirana incinerator affair.
The Special Court of Appeals accepted on March 4 a request from prosecutor Dritan Prençi to partially repeat the trial for the Tirana incinerator, and administered the evidence presented by him, in order to calculate the sentence for Koka.
Koka's lawyer, Maksim Sota, stated on Wednesday that the Prosecution's interpretation is unfounded in law and contrary to judicial practice regarding cases of overlapping security measures with prison arrest. He emphasized that the subject of this trial is the decision of the First Instance Court and not the security measure that SPAK opposes.
Sota stated that his client was investigated and tried in "prison arrest" for this matter and that this measure was executed and left in force at all levels. He also highlighted the fact that during the trial, the detention periods were suspended several times, when the hearings were postponed. According to Sota, former Minister Koka was in detention in connection with this matter and that the court rightly declared the termination of this measure.
"The prosecution's position that the execution of the measure was suspended as a result of another measure is unfounded and results in it being unforeseen by law. The effects of the measures begin from the moment the decision on that measure is notified," argued lawyer Sota and brought to attention the practice of the Supreme Court.
On Wednesday, the last defense in this process in the Appeals Court was concluded, that of the defendant Taulant Tusha. His legal representative, lawyer Ermal Yzeiraj, requested the requalification of the criminal offense for which Tusha is accused, from abuse of office to violation of equality in tenders. He noted that Tusha cannot be accused of abuse of office, since his function as a commission member can only charge him with the criminal offense of violation of equality in tenders.
Tusha's lawyer also claimed that his client is innocent, as it is proven that he gave fewer points to the winning company, which was the only one in the competition, thus not favoring it. In conclusion, he requested the reclassification of the criminal offense, the determination of the statute of limitations and the dismissal of the case against the defendant Taulant Tusha, as well as his declaration of innocence for abuse of office.
The court declared the judicial review completed and withdrew to make a decision that will be announced on May 14, at 1:00 p.m. (Reporter.al)