Today, on 01.06.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 28/2020, dated 10.07.2020, regarding the appeal of the Public Commissioner filed against decision no. 231, dated 29.01.2020, of the Independent Qualification Commission corresponding to the assessee Anton Martini.
While submitting the final conclusions, the Public Commissioner objected as unfounded in law, the claim of the assessee that the Public Commissioner has filed his appeal outside the legal time limits of 15 days and stated that he stands by the submitted appeal grounds and submissions presented in the preceding hearings with the Appeal Chamber regarding the asset and proficiency assessment criteria.
The Public Commissioner stated that even after the new submitted evidence, the assessee failed to prove the opposite of the appeal grounds. With regard to the assets assessment criterion, the Public Commissioner deemed that the assessee has made inaccurate declaration and lacked full disclosure for his assets as well as lacks the lawful financial sources, while in terms of proficiency, the assessee has undermined the public trust as a prosecutor.
Pursuant to Article F, paragraph 3 and 7 of the Annex to the Constitution, Article 61, paragraph 3, 4 and 5, as well as Article 66 of Law 84/2016, the Public Commissioner requested the amendment of decision no. 231, dated 29.01.2020, of the Independent Qualification Commission and dismissal from office of the assessee Anton Martini.
During the submission of the final conclusions, the legal representative of the assessee objected the appeal grounds, stating that the Public Commissioner has reached incorrect and untrue conclusions. The assessee stated that through the reasoning based on the new evidence submitted during the proceedings carried out with the Appeal Chamber, he managed to prove the opposite of the appeal for both the assessment criteria; the asset and proficiency criteria. The assessee requested the Appeal Chamber to not accept the appeal of the Public Commissioner on the grounds that it was filed outside the legal time limits, as well as asked the Chamber to uphold decision no. 231, dated 29.01.2020, of the Independent Qualification Commission.
After having heard the final conclusions of the litigants, the trial panel withdrew to make the final judgment, which shall be delivered on 10.06.2021, at 15:00.
The public hearing shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.