FLASH
Shkruar nga Pamfleti
The Special Appeal has confirmed the innocence of the former mayor of Pogradec, Eduart Kaprin, and his 5 former subordinates, who were accused by SPAK of abusing a wood tender.
SPAK appealed in the Special Appeal the decision of the GJKKO that declared them innocent, but the jury Nertina Kosova (presiding officer), Dhimitër Lara (member), and Florjan Kalaja (member) upheld the verdict of innocence.
SPAK accused Kapri that in cooperation with the members of the Bid Evaluation Commission, Enkeleida Kllomollari, Nexhmi Torro and Avdulla Cano, abused the tender worth 9.2 million ALL for the purchase of firewood in 2017, favoring one of the competing companies.
However, with a decision taken on July 4, 2023, by the GJKKO, Kapri was acquitted of the charges "Violation of the equality of participants in public tenders or auctions" and "Abuse of duty". His 5 former subordinates, Avdulla Canon, former Deputy Mayor of Pogradec, Enkeleida Kllomollari, former Dr. of the Educational Center in Pogradec, Nexhmi Torren, former coordinator of Nj. Adm. near Pogradec Municipality, Gurali Blaceri, former maintenance worker at Dr. Arsimore Pogradec and Safet Blaceri, former maintenance worker at Dr. Educational Pogradec.
Kapri and former subordinates according to SPAK, not only abused a tender, but on June 28, 2019, in three schools and a kindergarten, they were caught red-handed by the police, locking three schools approved as voting centers by the CEC.
The Special Court of Appeal for Corruption and Organized Crime, with a panel composed of judges Nertina Kosova (presiding), Dhimitër Lara (member), and Florjan Kalaja (member), on 19.09.2024, announced the decision regarding the case of registered with no. 4/60 act, date 09.11.2023 registration, on the appeal of the Special Prosecution against Corruption and Organized Crime, to decision no. 44, dated 04.07.2023 of the Special Court of First Instance for Corruption and Organized Crime, which decided:
"1. The not guilty declaration of the defendant Eduart Kapri for committing the criminal offense "Violation of the equality of participants in public tenders or auctions", provided by articles 258 and 25 of the Criminal Code.
The not guilty declaration of the defendant Eduart Kapri for committing the criminal offense "Abuse of duty", provided by articles 248 and 25 of the Criminal Code.
2. The not guilty declaration of the defendant Avdulla Canon for committing the criminal offense "Violation of the equality of participants in public tenders or auctions", provided by articles 258 and 25 of the Criminal Code.
3. The not guilty declaration of the defendant Nexhmi Torro for committing the criminal offense "Violation of the equality of participants in public tenders or auctions", provided by article 258 and 25 of the Criminal Code.
4. The not guilty declaration of the defendant Enkeleida Kllomollari for committing the criminal offense "Violation of the equality of participants in public tenders or auctions", provided by article 258 and 25 of the Criminal Code.
5. The innocent declaration of the defendant Safet Blaceri for committing the criminal offense "Abuse of duty", provided for by article 248 and 25 of the Criminal Code.
6. The not guilty declaration of the defendant Gurali Blaceri for committing the criminal offense "Abuse of duty" provided by article 248 and 25 of the Criminal Code.
7. Procedural costs incurred during the preliminary investigation phase, the preliminary hearing and during the trial on the merits, based on articles 393 of the Code of Criminal Procedure, are charged to the parties as incurred.
8. An appeal against this decision is allowed within the legal term in the Special Court of Appeal for Corruption and Organized Crime."
In conclusion, the Special Court of Appeal for Corruption and Organized Crime decided :
- Enforcing decision no. 44, dated 04.07.2023 of the First Instance Special Court for Corruption and Organized Crime.
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