Today, on 19.04.2021, at 11:00, the Appeal Chamber held the public hearing on the case (JR) no. 28/2020, dated 10.07.2020, regarding the appeal of the Public Commissioner filed against decision no. 231, dated 29.01.2020 of Independent Qualification Commission related to the assessee Anton Martini
In his submission regarding the new evidence and the public denunciations, the Public Commissioner held that the acts administered by the trial panel as evidence, do not prove different circumstances from what was investigated and documented by the Commission during the administrative investigation and from what was submitted by the Public Commissioner in the appeal grounds regarding the assets and proficiency assessment criteria, as well as regarding the overall evaluation of the case, as per the provisions of Law no. 84/2016.
The Public Commissioner held that it shall be the Appeal Chamber’s assessment to decide on the probative value of the public denunciations, after ascertaining that the Chamber administered these denunciations in the framework of the opening of the judicial investigation upon the request of the assessee.
By standing by his appeal grounds, the Public Commissioner asked the Appeal Chamber to amend decision no. 231, dated 29.1.2020, of the Independent Qualification Commission and dismiss from office the assessee Anton Martini.
The assessee stated in detail his position regarding the denunciations by objecting all of the claims and allegations put forward in them.
The trial panel after having consulted, pursuant to the requirements of Article 45 and Article 53, paragraph 3, of Law no. 84/2016, decided:
- To open the judicial investigation for two denunciations, one filed by a lawyer, citizen D. Z., and for an anonymous denunciation.
- Regarding the anonymous denunciation, be requested information and copies of the acts on the fact whether the assessee had any procedural role in the criminal case against the individual A. G.
- To request information and copies of acts related to the procedures of lot drawing, assigning cases or replacing prosecutors in the Prosecution at the Court of First Instance Shkodra, for the period that the assessee was seconded as head of prosecution in December of the year 2017 until the moment he was removed from this prosecution as a seconded head of prosecution.
- Regarding the denunciation of the lawyer A. T, in the framework of the facts related to the citizen D.Z., to request information from the General Prosecution, if there was any request/complaint for sending for competence the case corresponding to the individual D.Z. to the Prosecution of First Instance Fier,
- To request from the Prosecution at the Court of First Instance Fier information and copies of procedural acts, in which, the case that belongs to the individual D. Z. with no. 286/2013, was forwarded for competence to this prosecution.
Pending the administration of the above acts by the relevant institutions, the trial panel decided to adjourn the public hearing on 11.05.2021, at 10:00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tiranë.