Ajola Xoxa, the wife of Mayor Erion Veliaj, has requested that today’s hearing be postponed following the birth of her child and that the judicial review be suspended for 63 days, in line with her medical report.
The defendant’s lawyer, Gurali Brahimllari, argued that Xoxa is unable to review the contents of the case materials and to communicate freely with her defense lawyers after giving birth by surgery.
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According to Brahimllari, Xoxa’s position is the one set out in the request submitted to the court, while her health condition does not allow her to take part in the proceedings.
“Mrs. Xoxa’s position is the one expressed in the request submitted to the court. She has been unable to familiarize herself with their contents. Even previously she was on medical leave, but we prepared and worked on the preliminary requests. The defendant has expressed her position, making known the fact that on June 29 she gave birth by surgery and cannot communicate freely and privately with her defense lawyers, therefore an effective defense cannot be carried out. The postponement of the hearing is requested until the end of the work incapacity report. Under the Labor Code, the postponement of the process is requested until this issue ceases. The law guarantees 63 days of leave after childbirth. In view of the above, in this factual situation, being unable to ensure an effective defense, the suspension of the process is requested, based on the right of every mother,” lawyer Gurali Brahimllari said.
According to the request filed with the court, Xoxa argues that she wishes to be personally present in the proceedings to guarantee an effective defense and does not authorize her lawyers to represent her in her absence.
“I request to be personally present and I do not authorize my defense lawyers to continue my defense without my presence,” Xoxa said in a statement.
On the other hand, SPAK opposed Xoxa’s request, asking the Special Court Against Corruption and Organized Crime to separate her case from that of Veliaj and the other defendants. Prosecutor Altin Dumani said the conditions have been met for the judicial process to continue and that the defendant’s lawyers’ request to suspend the trial until the end of maternity leave is not provided for by law. Speaking about Xoxa’s request to be present at the proceedings, Dumani said the law refers only to postponing the hearing, while suspending the trial is not a measure предусмотрено in this case.
Altin Dumani: We believe the conditions are in place for the judicial process to continue. Regarding Xoxa’s request, the law refers to postponing the hearing, while the lawyers have requested suspension of the trial until the end of maternity leave. The law does not provide for such a thing. But we are in a situation where the defendant states that she wishes to be present. This judicial review began in September of last year and she has not been present at any hearing. If the court considers Xoxa’s presence necessary, then her case should be separated.
Gurali Brahimllari: We oppose the Prosecution’s position, because the law provides for the uninterrupted conduct of the trial. However, suspension of the review is provided for in certain cases, such as when an expert examination is carried out or an assessment of the defendant’s mental condition. So there are cases where suspension is expressly determined. In circumstances where the mother has given birth by cesarean section, we are in such a situation. Since she is on medical leave, determined by the doctor, like every mother in the Republic of Albania, we request that the request for postponement and suspension of the process be accepted. If the court decides to separate the case, that would not be economical.
Maksim Haxhia: The fact that she comes sometimes and sometimes does not is not an argument. That has nothing to do with it.
Gurali Brahimllari: If the court decides to separate the case, let it separate it, but our aim is to guarantee an effective defense. She is cooperating with her husband and the other defendants, therefore the case cannot be separated. However, the decision rests with the court.
