2021-09-21 09:26 - 2021-09-21 09:26
Today, on 09.09.2021, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) 12/2021, dated 03.03.2021, corresponding to the appeal of the Public Commissioner against decision no. 324, dated 11.12.2020, of the Independent Commission of Qualification, related to the assessee Sokol Ngresi.
The presiding judge informed the parties on the delivery of the response from the State Cadaster Agency upon the request of the Chamber, as well as of a denunciation forwarded by the Institution of the Public Commissioner against the assessee.
To the purpose of the examination of the case, the assessee submitted several new acts sent at his request by the Prosecution office at Vlora First Instance Court and Vlora Regional Directorate of Taxes, which he demanded to be collected as evidence by the trial panel.
Pursuant to the interim decision of the hearing dated 26.07.2021, in order to investigate the denunciations where it is alleged an undisclosed property by the assessee, the trial panel summoned the citizen F.K. as witness, who presented his testimony, some original acts of the preliminary immovable property sales contract and responded to the questions of the trial panel, assessee and the observer of the International Monitoring Operation.
When requested by the presiding judge to maintain a position with respect to the witness’s testimony, the assessee stated that it proved the lack of any circumstance for the conclusion of a regular sales contract. According to Mr. Ngresi, the contract submitted by the witness, which was made available to the Public Commissioner and assessee, is forged and untrue.
Based on Article 213 of the Civil Procedure Code and Article 49 of Law 84/2016, the trial panel decided to allow the administration as evidence of the acts submitted by the assessee Mr. Sokol Ngresi, as well as by the witness, citizen F.K. Subsequently, the assessee reiterated his position that the acts submitted in today’s hearing by the witness do not constitute evidence since, according to him, they are falsified and that they are the subject of a criminal proceedings, to prove their intellectual falsity.
With regards to the acts administered as evidence by the trial panel, the Public Commissioner reserved the right to make a statement with the final conclusions, after the closing of the judicial investigation.
Pursuant to Article 49, para 1/b of Law 84/2016, as well as Article 224/a of the Civil Procedure Code, the trial panel decided to submit to the expertise the original acts filed by witness F.K., if there are elements of forgery, as follows:
- Preliminary contract for the sale of real estate; three payment orders and the payment mandate, as well as the declaration of the revocation of the contract.
Also, the trial panel decided to summon an expert from the Scientific Police Institute at the General Directorate of State Police, in the capacity of forensic expert.
As per the above, the hearing shall be adjourned until 21.09.2021, at 10.00h. The public hearing shall take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no.3. Tirana.