After 21 court sessions that lasted almost nine months, the former Durres Court Judge, Neritan Tabaku, was found innocent by the Criminal Room of the First Instance Court in Tirana.
“The court decided to find Neritan Tabaku innocent for power abuse,
since they cannot prove that there is a criminal act”, declared Judge
Bujar Krasniqi.
The process was held against the former judge who
received attention even from the High Council of Justice for not giving
the explanatory arguments of two verdicts, one for Ilir Xhakja and one
for Jordan Findiku. There were discussions if this case was penal or the
administrative measure should be enough.
Although the Penal
Court will give the explanatory arguments this Thursday, Top Channel
learned where the court bases this verdict. The court favors the claim
of the defense that the failure to give the explanatory arguments within
a reasonable legal deadline is an administrative violations and cannot
turn into a penal one.
According to the court, this is verified
by the practices in which even though judges have been punished by the
High Council of Justice for abuse, they have never become subject of a
criminal proceeding.
The court underlines that there are no
documents to prove anything against the law. The court rejects the other
claim of the Prosecution, which insisted that the image of justice had
been damaged with this case. Judge Krasniqi declared that the only goal
of the justice process is to give a right decision and based on the law,
even if it can go against the public opinion. According to the judge,
giving the explanatory arguments or even giving a verdict is never a
crime just because it goes against the public opinion.
Top Channel