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Prosecutor Esmeralda Basho, in charge of the case, has dragged out the case for two years and, according to the lawyer, she has clearly sided with the police. Ms. Basho bases her accusation on video footage and a cellphone that filmed the police that evening.
But these two pieces of evidence that show the situation differently have disappeared.
"I think that the prosecutor has disappeared this phone because they are the sons of this prosecutor's uncle. There is a clear, pure influence, plus what I have learned is that the prosecutor has other connections in the police that have influenced the investigative procedure and I think that prosecutor Esmeralda Basho is the main person responsible for the administration of the file and I assess that this phone was stolen by the prosecutor. Because we are dealing with a criminal offense of theft by abuse of office," said lawyer Arben Llangozi.
Former prosecutor Eugen Beçi shows the procedure, how evidence is obtained from business cameras.
"Above all, when you go to court, not only the report goes to court. Concrete material evidence also goes to court. To explain more clearly, if you as a prosecutor have seized a phone, the report of the seizure must definitely be accompanied by the phone, because in the courtroom the real evidence is not the report, but the phone that contains this data so that you can review it and reflect it in the relevant report. This is the essence of criminal procedure, to have a due process of law", said Eugen Beçi.
Meanwhile, the method used, according to him, is amateurish and does not serve to clarify the incident.
"We have an investigation that has dragged on for almost two years. Then, at the moment of the completion of the investigation, we were familiar with the acts and there I found a series of investigative actions, which were invalid. I asked the prosecutor to find the investigative actions as invalid, and the prosecutor even went so far as to "copy-paste" the prosecution's report. I also conducted an expert report, where the experts found that this police officer's report was identical to the one at the end of the investigation. There were the same spelling errors," the lawyer added.
Another detail about the manipulation of this case is the report, filled with spelling errors and typos, which were taken at face value.
"We have found that in the paragraph, in the content, in the words or phrases, in the punctuation, we have found that there is a complete match between these actions carried out with different people. We are dealing with a mechanical 'copy-paste'. An incorrect investigation that is not objective, but subjective and simply a taking of statements from one technical person to another, with the copy method, "said the former head of the Scientific Police.
The former head of the Scientific Police, who analyzed the video, does not identify anything, not even the distinctive signs of the state police.
"We have used all the most modern examination techniques available to the homologous services of the Scientific Police, as well as our scientific center, but we have not been able to identify general and specific characteristics that identify the persons involved in this environment. At the same time, we have not been able to identify distinguishing marks that would identify them as persons performing functions of State Police employees, but we have, as far as the camera's range of action, the number of persons present," added the former head of the Scientific Police.
"The prosecutor has only submitted the minutes of the examination of the video footage, which according to the minutes states that there is a conflict between the chief of the police station and the clients I represent. This is what is written in the minutes, while nothing is visible in the video. That is why this video has disappeared. The prosecutor knows this very well, which is why she helped the parties in the process, manipulating a court process. The court itself has admitted that these video footage are not. Even the phone seized by the chief of the police station is not part of the court file," the lawyer added.
"Stop confronted prosecutor Esmeralda Basho, who also happens to be the cousin of two police officers. But the prosecution representative chose to remain silent./ tvklan.al
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