FLASH
Shkruar nga Pamfleti
The Special Court Against Corruption and Organized Crime (GJKKO) has returned the criminal file against the former mayor of Kavaja, Elvis Roshi, to SPAK for completion, with clarifications regarding the accusations brought against him for tender procedures that caused the state an economic damage of around 33 million lek.
The decision was made this Thursday by Judge Rudina Palloj, during the preliminary hearing of the case. The court has given SPAK prosecutor Elvin Gokaj two weeks to clarify and argue the change in the legal qualification of the criminal offense that burdens the former mayor.
According to the court's request, the prosecution must explain the reasons why during the investigation it decided to change the criminal offense from "violation of equality of participants in tenders or public auctions" to "abuse of office". This change is considered essential for the continuation of the process and for determining the criminal liability of the persons involved in the case.
Meanwhile, SPAK had previously requested the suspension of investigations into six suspected episodes of abuse of office, arguing that the statute of limitations had run out for these cases. However, the case remains under review for the other investigated episodes.
The case against Elvis Roshi dates back about a decade. In September 2015, the Supreme State Audit Office (SSA) filed a criminal complaint with the Kavaja Prosecutor's Office, naming 10 other local administration officials in addition to the former mayor. According to the audit conducted by the audit institution, it was suspected that violations in public procurement procedures caused economic damage of approximately 33 million lek.
The SAI audit analyzed the financial activity and procurement procedures of the Municipality of Kavaja for the period January 2013 - December 2014. The audit identified irregularities in at least 12 public tenders, mainly related to the reconstruction of the city center, the construction and rehabilitation of several connecting roads, as well as other public projects, including the planting of decorative trees.
According to the auditors' findings, in some cases the Municipality of Kavaja had applied different evaluation standards for economic operators participating in tenders. Specifically, in two procurement procedures it was found that the operator that had submitted the lowest bid was disqualified, while companies with higher bids were declared winners.
In three other cases, the SAI also found that bidders with the most competitive prices were excluded from the competition due to incorrect bid calculations or incorrect interpretations of technical and financial documentation. According to the audit, these actions have had financial consequences for the state budget.
After the initial complaint, the investigation was transferred to the Durrës Prosecutor’s Office. At that time, the prosecution requested the case to be closed, finding insufficient evidence to continue criminal proceedings. However, the file was reactivated following a decision by the GJKKO last year, which ordered the SPAK to conduct further investigations and verify whether there were criminal elements that justified the filing of charges.
The latest decision of the Special Court does not constitute an assessment of the guilt or innocence of the former mayor, but aims to clarify the legal basis on which the accusation is built. After the presentation of the arguments by SPAK, the court is expected to decide on further procedural steps and the continuation of the criminal process.
The case is considered one of the earliest files related to public procurement procedures in local government and claims for financial damages to the state budget, while the upcoming decision of the GJKKO will determine the path that the process will follow against Elvis Roshi and other persons involved in the investigation.
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