The head of SPAK demands the dismissal of prosecutor Petrit Vukaj

SPAK Director Klodian Braho, during the presentation of the final conclusions on February 3, stood by the grounds for complaint regarding the wealth and professionalism of Tirana prosecutor Petrit Vukaj, while retreating from the findings regarding the purity of the image. In conclusion, prosecutor Adnan Xholi, who represents Braho in this case, requested the dismissal of Vukaj from duty for incorrect and insufficient declaration of assets, as well as for the professional findings considered in the comprehensive assessment.

Tirana Prosecutor Petrit Vukaj and his legal representative, lawyer Romina Zano, presented their arguments for the remaining reasons, calling them insufficient for dismissal.

Xholi stated on Tuesday that even after reviewing the case in the KPA, the reasons for a two-story apartment in Fier remained. According to him, the subject did not indicate in the vetting declaration the value spent on the construction of the first floor, while the expenses declared over the years are considered several times lower than those according to the reference of the National Housing Authority or the revaluation carried out after the completion of the works.

Also, Xholi noticed that the subject submitted an expert report that did not match the declared values ​​for the expenses.

The financial analysis conducted by the director of SPAK found financial incapacity in the amount of approximately 1.8 million lek. According to Xholi, the subject is in conditions of inaccurate and insufficient declaration of assets.

The SPAK director also upheld the grounds of appeal regarding the financial impossibility of purchasing a vehicle, the source of which was declared to be the income generated from the sale of the previous car, at a higher value than what was purchased. For this reason, the SPAK director requests that the income from the sale of the previous car not be considered in the analysis for purchasing the vehicle.

According to Xholi, it appears that the subject has committed a simulated act and is contrary to the ethics of the prosecutor. He requested that this finding be assessed in terms of violating public trust.

In conclusion, Jolli found that total financial impossibility exceeds the threshold value for the application of the principle of proportionality.

Lawyer Romina Zano opposed the grounds for the property. She pointed out that according to the analysis they conducted, the financial impossibility remains minimal and cannot result in a penalty.

She argued that they presented in detail the construction history of the house, where the ground floor was completed before the start of the assignment and that the works began based on a permit from 1994.

Zano emphasized that Vukaj has regularly declared this property and the works and expenses carried out since 2003. According to the lawyer, the complaining party refuses to accept the subject's declarations. She described the reference prices of the National Housing Authority as indicative. Zano claimed that when there is data that proves the costs, they should take precedence and not the reference price.

Zano also stressed that the Public Commissioner made a methodological error in calculating the first act. She argued that the first floor is an addition to the ground floor and there were no expenses for opening and building the foundations.

Zano also objected to the finding regarding the timing of the works on the first floor, stating that in the periodic declarations of 2008, 2009 and 2010, the entity has shown the continuation of all investments. "It is clear that the investment is gradual," she said.

According to lawyer Zano, based on the acts administered in the file, the reasons for the property do not hold. Referring to the principle of proportionality, she claimed that the remaining financial impossibility cannot lead to dismissal.

Regarding professionalism, Xholi said that the reasons for professionalism regarding four issues remained. According to him, it remains proven that deficiencies in legal knowledge are found in the subject's work.

Xholi requested that the findings be considered in the overall assessment and that prosecutor Vukaj be dismissed from office.

Lawyer Zano noted that the subject has conducted numerous investigations into these matters, as well as that it has properly assessed the data and evidence it has obtained. According to her, the complainants themselves have not filed complaints against the subject's decisions, considering them fair. Regarding a case where the court has taken a different position, Zano said that this circumstance cannot lead to penalization. She claimed that the remaining reasons do not hold.

Regarding the reason raised in the figure criterion, where it was alleged that the subject had used a vehicle belonging to a person convicted abroad, Xholi stated that referring to the practice of the KPA, this finding is proven. Prosecutor Vukaj emphasized during the process that he had no knowledge of the conviction of the owner of the vehicle and did not even recognize him. He explained that he had asked a friend for the car, but since he did not have one available, he suggested that he take the vehicle of the person in question.

The panel withdrew to make a decision, which will be announced on February 5, at 3:00 PM. Reporter.al