The file of the Tirana incinerator, the Supreme Court "pulls the ear" of Dhimitër Lara: He exceeded his powers!

For the Supreme Court, the judge of the Special Court of Appeal, Dhimitër Lara, has shown prejudice in the decision of the measure for the officials in the Tirana incinerator file.

But, even though it finds that Lara has expressed himself beyond his powers, the Supreme Court surprisingly leaves the security measures in place.

"The panel notes that the claims raised in appeal by the person under investigation, regarding the fact that the appellate court examined the case beyond the grounds of appeal raised by the parties and unfairly assumed the role of the judge of the preliminary session, stand, but these positions which can really seem prejudicial... ", writes the Supreme Court.

Beyond this, the decision read in the context of justice raises two problems, firstly in the continuation of other processes where Dhimitër Lara is a judge in the foundation of the trial for the incinerator of Fier or that of Elbasan.

This would make him a judge who prejudges the case as long as the subject of the prosecution is the same and so are the defendants.

While he tries to burden the position of the investigated, even though the role in the process is not that of a preliminary judge, it speaks of his subjectivity in dealing with this issue.

"... it is true that the appellate court, during the review of the first instance court's decision-making, had an "order" and not a "decision" and therefore that panel should be paid attention to... ", he writes Supreme Court.

If SPAK would like to show that it is serious about the incinerators file, it should remove this judge who, with his decisions, creates opportunities for the Supreme Court to return this process for a retrial.

Retrial that would apply only to the defendants, with whom the lack of reaction shows and sends a message that SPAK has a hidden agreement.

Agreement that starts with Lefter Koka, one of the defendants with the highest sentences, and then the businessman Klodian Zoto.

It is necessary for the prosecutor Dritan Prençi to show that SPAK is serious and to ask for the removal of judge Dhimitër Lara, who demands more powers than the law gives him./ Prapaskena

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