The retrial of the case known as the “€53 million case” continued at the Basic Court in Pristina, where Pal Lekaj, Eset Berisha, Nebih Shatri and Besim Tahiri are accused of abusing their official positions in connection with the “Arbën Xhaferi” motorway. The defendants stated that they stood by the testimony and statements they had given during the first trial, choosing to remain silent.
Të lidhura
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Pal Lekaj, former minister of the Ministry of Infrastructure (MI); Eset Berisha, his senior political adviser; Nebih Shatri, former secretary-general of the ministry; and Besim Tahiri, former director of Public Procurement at the MI, are being prosecuted by the Prosecution for jointly abusing their official positions, “Betimi për Drejtësi” reports.
Before the defendants gave their statements, the trial panel primarily admitted documentary evidence. The panel consists of presiding judge Violeta Namani-Hajra and members Rrahman Beqiri and Donikë Shala-Abdyli.
The evidence admitted included the agreement between the Government of Kosovo and “Bechtel and Enka” for the construction of the “Arbën Xhaferi” motorway, the response from the Public Procurement Regulatory Commission, information from the Office of the Prime Minister, and the agenda of a government meeting.
Special Prosecutor Valdet Gashi objected to this evidence, describing it as irrelevant to the case. According to him, the Prosecution does not dispute the work on the motorway, but rather the legal basis on which the payment of €53 million for the work on the “Arbën Xhaferi” motorway was made.
Pal Lekaj’s lawyer, Artan Qerkini, argued that this very evidence demonstrates the absence of intent on the part of his client. According to the defense, Lekaj had merely implemented the government’s decision to make the additional payment to the construction company “Bechtel and Enka”.
Qerkini’s position was also supported by Nebih Shatri’s lawyer, Driton Musliu; Besim Tahiri’s lawyer, Urim Vokshi; and Eset Berisha’s lawyer, Teuta Xhema.
At lawyer Vokshi’s proposal, five decisions of the Government of the Republic of Kosovo, adopted during 2017 and 2018 and concerning the expropriation of property, were also admitted into the proceedings. The proposal was supported by the other defense lawyers.
Prosecutor Gashi objected to the request. He explained that the issue was not the extension of the construction deadline due to expropriations, but the way compensation for this extension had been assessed.
After the defendants stated that they would remain silent, the hearing was adjourned. The proceedings will continue at the next hearing, when the parties will present their closing arguments.
Earlier, the former president of the Basic Court in Pristina, Albina Shabani-Rama, had rejected Eset Berisha’s request to exclude the presiding judge of the trial panel, Violeta Namani-Hajra, from hearing the “€53 million case”.
On January 31, 2024, the Basic Court in Pristina found Pal Lekaj, Eset Berisha, Nebih Shatri and Besim Tahiri guilty, sentencing them to a total of 10 years and 3 months in prison.
According to the first-instance verdict, Pal Lekaj was sentenced to 3 years and 8 months in prison. He was also given an additional sentence barring him from exercising public functions in the public administration or public service for 3 years and 6 months.
Nebih Shatri and Besim Tahiri were each sentenced to 1 year and 8 months in prison. The court also barred them from exercising public functions in the public administration or public service for 2 years. Eset Berisha was sentenced to 3 years and 3 months in prison.
Berisha was also given an additional sentence, namely a ban on exercising public functions in the public administration or public service for a period of 3 years.
The Court of Appeals subsequently remanded the case for retrial against all four defendants: Pal Lekaj, Eset Berisha, Nebih Shatri and Besim Tahiri.
“Betimi për Drejtësi” had previously reported on the full decision of the Basic Court in Pristina, publishing its findings concerning the statements of the defendants and witnesses, as well as the conclusions of the Court of Appeals.
The indictment, filed on February 4, 2022, by the Special Prosecution of the Republic of Kosovo, charges Pal Lekaj, who was then minister of the Ministry of Infrastructure; Eset Berisha, his senior political adviser; Nebih Shatri, the ministry’s secretary-general; and Besim Tahiri, director of Public Procurement at the MI, with intentionally abusing their official positions in concert while allocating €53 million to the “Bechtel & Enka” consortium. The amount was intended for the construction of the Pristina–Hani i Elezit motorway, also known as the “Arbën Xhaferi” motorway.
