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SPAK sends the former mayor of Finiq and 4 former officials for trial

SPAK sends the former mayor of Finiq and 4 former officials for trial

The Special Prosecutor's Office against Corruption and Organized Crime in Tirana has completed the investigations and submitted to the Special Court of First Instance for Corruption and Organized Crime the request for trial of criminal proceedings no. 152, of 2022, with the citizens as defendants :

Leonidha Hristo, Lefter Karajani, Lefteria Mekshi, Stavro Čavo, Florian Peri accused of the criminal offense "Abuse of duty", provided by article 248 and 25 of the Criminal Code.

From the totality of acts and evidence administered during the investigation, which include statements of persons who have knowledge of the criminal offense and show the circumstances of the investigation, statements of persons against whom investigations are conducted, transcripts of intercepted conversations, documentation administered by the Finic Municipality , inspections from the APP electronic system, inspections of mobile devices, return of answers from the APP and internet bidding companies, it is proven beyond reasonable doubt based on evidence that:

In the Municipality of Finiq, during the period 2017-2019, several procurement procedures were carried out in a fictitious manner and in violation of the Law on Public Procurement.

The defendant Leonidha Hristo held the office of Mayor of Finic Municipality and had the role of holder in the procedures procured by the contracting authority Finic Municipality.

The defendant Florian Peri held the position of Head of the Procurement Unit and had the role of procurement officer in the procedures developed by the contracting authority Finiq Municipality.

The defendant Stavro Čavo has been a member of the NJP (Procurement Unit) and KVO (Offer Evaluation Commission), as well as dealing with the administration of procurement procedures in the contracting authority of the Finic Municipality.

The defendant Lefteria Mekshi has been the member of the NJP and KVO in the procedures developed by the contracting authority Finiq Municipality.

The defendant Lefter Karajani has held the position of Lawyer and Procurement specialist in Finic Municipality.

In the analysis of the evidence gathered during the preliminary investigation phase, it is proven that the procedure of compiling/disposing of the tender documents and the procedure of evaluation of the offers was carried out mainly by the defendants Florian Peri and Stavro Cavo and not by the members of NJP and KVO- specified in the relevant orders. Meanwhile, in the written acts, the holder of the CA, the defendant Leonidha Hristo, charged other persons, who signed the acts compiled and pre-prepared by officials of the Finic Municipality, some time later after the end of the procurement procedures.

The members of NJP and KVO have stated that they had no knowledge that they were part of NJP or KVO and did not participate in the procurement procedures. The members of the Bid Evaluation Committee in most of the procedures declare that they did not evaluate the bids and did not enter the electronic procurement system, as well as did not compile documentation/records, as they were not aware of the procedures of procurement.

It turns out that the evaluation of the offers was not carried out by the citizens designated as members of the KVO, but was carried out defacto by the defendant Florian Peri using the IP of the Municipality of Tirana (where he was previously employed) or of companies owned by his family members.

So, as a result of these illegal actions or omissions committed in violation of the law on public procurement or the law on local self-government, acting as described above, it turns out that a series of fictitious procurement procedures organized and executed by the defendants Leonidha were carried out Hristo, Florian Peri, Stavro Cavo, Lefterie Mekshi and Lefter Karajani, abusing their legal duties and qualifying default EOs that did not meet the criteria, also bringing legal consequences/causing economic damage from bid differences.

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