FLASH
Shkruar nga Pamfleti
The trial against SPAK prosecutor Ols Dado in the Administrative Court, following the lawsuit of Mayor Erion Veliaj, who claims that he is an illegal prosecutor, since the entire process of his appointment is not based on the law, has been postponed to July 3. The hearing will be held at 1:00 PM.
In today's session, where the mayor of Tirana appeared in court holding the book "On the Patience of the Wise", there were several debates, as prosecutor Ols Dado chose not to be present in the courtroom, but to be represented by his lawyer.
Debates began over the issue of whether or not the hearing should be broadcast "live" by the media, but according to the panel, the decision given by Judge Hazbi Balliu to not allow the live broadcast of the hearing was made on May 8 and is still in effect.
This has prompted the reaction of Veliaj's lawyer, Plarent Ndreca, who said that this is an absurd decision that hermetically seals the courtrooms. "I can't find ethical words to evaluate this absurdity, the hermetic closure that should be in the public eye is turning into a court closed with bars ," said Ndreca.
Ndreca said that the process is becoming ridiculous, while adding that transparency is not being allowed.
"It seems that in this process, patience is being lost in every sense and it is turning into a ridiculous process, and this is noticeable right at the door. An incompetent police officer stands at the door and prevents citizens from entering the public session."
It is an instruction from the Supreme Court, and the most serious thing is that journalists and the public are present, and filming is prohibited.
You stated something else and the truth is something else about the registration measures, you told me that you would be personally interested.
"You are not subordinate to the Supreme Court, but to the law and the constitution ," said Ndreca.
Then, it was the Mayor who leveled a series of accusations at Ols Dado, whom he considered an illegal prosecutor, who graduated from school with a 5, did not complete magistrate school, which means, according to him, that the appointment procedure is null and void.
"No one is above the law, but no one should be left without the minimum protection offered by the law ," Veliaj said before the court, as he emphasized that Ols Dado does not deserve to come to trial, while adding that his appointment is a blow to the justice system.
"After 500 days, Olsi Dado does not deserve to come. You know that he took the school with five. There is no file. He is a qokë. Even Bamir Topi came out and openly said that he was talking about a qokë," said Veliaj.
The Mayor of Tirana also had strong criticism of the KLP, which, according to a letter sent to the court, requests that it not legitimize Veliaj as a plaintiff.
" If I were you, I would be concerned that the representative of the KLP openly lied. At a minimum, you should draw the attention of state institutions. We have reached the day when the representative of a high justice institution openly lies. For the accused's diploma with five marks, I am today 500 days removed from duty. I am no longer talking about myself, because I do not ask for mercy from anyone.
"If the KLP says that we made the notary public with 5-a who destroyed a man's life a prosecutor, who now represents the KLP? " said Veliaj.
Meanwhile, lawyer Plarent Ndreca emphasized that the Council representative does not have the right to represent the institution since the KLP has not met to make a decision.
Veliaj's lawsuit
The Mayor of Tirana, Erion Veliaj, filed on January 23 at the Tirana First Instance Administrative Court, a lawsuit against the institution of the President of the Republic of Albania from 2007-2012 and the Special Prosecutor, Ols Dado, requesting the determination of the absolute invalidity of the decree appointing the latter as prosecutor by a notary in 2008.
According to the lawsuit, the appointment of the prosecutor was carried out in flagrant violation of the law, as at the time of the decree he did not meet the mandatory legal criteria for exercising the function of prosecutor.
Veliaj also requests that the High Prosecutorial Council be forced to make a decision on the immediate termination of the magistrate's status and the illegal exercise of the prosecutor's duties in question.
“The President of the Republic has issued a decree in open violation of the procedural prescriptive provisions of Law No. 8737, making an appointment without legal basis and in the absence of material competence ratione personae to appoint an entity that did not meet the criteria of the law. This fact constitutes a flagrant violation of the legal order and a typical case of absolute invalidity of an administrative act, within the meaning of Article 108 of the Code of Administrative Procedures, since: (i) the act was issued in flagrant violation of the prescriptive norms of the law; (ii) the appointed person did not meet the general and specific legal conditions; and (iii) the public body has exercised its competence for appointment in violation of the procedural conditions of the validity of the act, making the decree legally ineffective and null ,” the lawsuit states.
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