Judge Irena Gjoka has heard the lawyers and the prosecutors and has now withdrawn her decision.
The court session in charge of Jamarbër Malltez and Fatmir Bektashi, to familiarize themselves with the security measures related to the affair of the privatization of the former "Partizani" complex, is closed.
The son-in-law of the former prime minister Berisha is under the security measure "prison arrest", as he is accused of corruption and money laundering, while the builder Fatmir Bektashi is being investigated under the security measure "compulsion to appear".
The hearing for them was announced at 1:30 p.m., but the lawyers asked for time to familiarize themselves with the file and the hearing was postponed for 2 hours. Then time was requested again and judge Irena Gjoka decided to hold the session at 18.00.
The session lasted for about 1 hour and 30 minutes. The judge has listened to the lawyers and prosecutors and has now withdrawn for a decision.
The lawyers have claimed that there is no illegal gain and that the property has been returned to the owners. According to them, the income was obtained from a legal activity.
"There is no illegal benefit. The property has been returned to the owners. The most natural thing in the world. The income was benefited from a legal commercial activity", the lawyers claimed. It is expected to be seen if the judge will reconfirm the measures or we will change them.
According to SPAK, Malltezi is suspected of having committed the criminal offense of "Passive corruption of high state officials or local elected officials", committed in cooperation with Berisha, since in agreement with the latter, using the power of the former Prime Minister, he managed to obtain irregular benefits as follows: Privatization of grounds and sports facilities, with the sole purpose of being shot in the hand, changed destination and used for material benefits by Malltezi.
The changes made regarding the destination of the areas from sports to residential, which has led to the construction, from which Malltezi has directly benefited.
" All the monetary benefits that the citizen JM received as an investor from the company "Homeplan" sh.pk, without investing in the latter, benefits received before he was declared as a spouse in this company, the profits accumulated over the years to this company as well as those distributed in the following, after the year 2018, calculated in total in the amount of 672 976 832 lek or 5 420 345 euros.
The citizen JM is suspected of having, in cooperation with the citizen FB, committed the criminal offense of "Cleaning the proceeds of a criminal offense or criminal activity", provided for by Article 287, second paragraph of the Criminal Code, presenting himself as an investor in the works for the construction of the block of apartments, while it does not turn out to have invested, by carrying out financial actions, fragmented transactions, or in cash, to hide the origin and receive the monetary benefit in the amount of 672 976 832 lek or 5 420 345 euros, (illegal benefit) by presented as legal income secured from investment in economic activity ", says SPAK.
While Fatmir Bektashi is suspected of having committed the criminal offense of "Active corruption of high state officials", provided by article 245 of the Criminal Code, as he is the one who collaborated with Malltez to achieve the goal, which was the use of sports territories for carrying out constructions. Through the company "Homeplan" sh.pk, the citizen Jamarbër Malltezi was provided with illegal benefits in the total amount of 672 976 832 lek or 5 420 345 euros.
" In addition, the citizen FB is suspected of having committed the criminal offense of "Cleaning the proceeds of a criminal offense or criminal activity", provided for by Article 287 of the Criminal Code in cooperation with the citizen JM, as he enabled through the company "Homeplan" sh.pk the realization of concealing the true origin of the irregular monetary benefits of the citizen JM, presenting them as legal income from business ", says SPAK.
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