By Boldnews.al
Top Channel’s property trial has entered a vicious circle and backdrop against two shareholders Albert Sino and Aurel Baçit. The Court of Appeals of Tirana, with a suspicious decision, has put into effect the security measure for the temporary suspension of the general assembly of Top Channel, called by the Albert Sino shareholders who owns 40% and Aurel Baci, who has 20 %. This claim has been disputed in violation of the law by the other shareholder with 40% Vjollca Hoxha and her four children Lorela Hoxha, Redia Hoxha, Sara Hoxha and Itan Hoxha.
Today’s decision was taken by 3 appellate judges: Agim Bendo, Zamir Poda and Gramoz Levanaj. Boldnews.al confidently learns that one of these judges was seen under the company of one of the top leaders of Top Channel. The meetings have been frequent between them before the lottery for the Appeals Court to decide on the security measure. This raises strong suspicions about the lottery procedure at the Tirana Court of Appeals.
But what did the Court of Appeal decide today? The two main shareholders of Top Channel, Albert Sino and Aurel Baçi who own 60% demanded the General Assembly’s call but this was not accepted by the 40% stakeholder Vjollca Hoxha who filed the First Instance Court with the lawsuit to suspend the request of two shareholders.
On 09.02.2016, Judge Antonela Prendi decided to dismiss the case after the requesting party, Vjollca Hoxha and her four children as shareholders, did not appear in court.
A few weeks later, as the Judge Teuta Hoxha had begun reviewing the case well, the latter decided in an unprecedented manner the security measure to suspend the holding of the General Assembly.
For this grave violation, the two shareholders Albert Sino and Aurel Baçi demanded the dismissal of Judge Teuta Hoxha who had made a decision in violation of the law and outside the legal framework of the lawsuit. Judge Teuta Hoxha was dismissed on the grounds of lawlessness and the case of the foundation is taken by Marinela Osmani.
On 09.05.2015, the two dominant shareholders of Top Channel win the ground court by dismissing Hoxha’s lawsuit because it was unfounded in law and in evidence. (READ OUT DECISION) With a 17-page decision, Judge Marinela Osmani managed to prevail over the powerful media pressure of Top Channel, which is led by Vjollca Hoxha.
But to take control of Top Channel, Albert Sino and Aurel Baci had appealed the security measure for the suspension of the General Assembly meeting imposed on Judge Teuta Hoxha in violation. Exactly today (10.06.2016), the Tirana Court of Appeal decided to uphold this illegality, where by a suspicious decision the security measures taken by an excluded judge were upheld.
Intrigue history to get rid of Top Channel control
But what are the backdrops that were used to take Top Channel’s power out of the way by two shareholders Albert Sinon and Aurel Baçin, as well as the friends of former deceased Dritan Hoxha?
In the lawsuit filed against two Top Channel shareholders, Vjollca Hoxha claims that the former late husband sold the shares Albert Sinos and Aurel Baçit without her knowledge and to look at the page to meet the criteria of Article 20 of Law No. 9742 , dated 08.05.2007, requiring no media subject to be owned by more than 40% by a single person.
But the right to raise such a claim does not stand. This is because Vjollca Hoxha, with the quality of the shareholder benefit as a result of inheritance from the late Dritan Hoxha, has since 2008 been fully aware of the fact of ownership of the shares of Albert Sino and Aurel Baçi. This is also confirmed in 12 Shareholder Meeting decisions and other key acts for the operation of Top Channel, where all shareholders were present. Also, the Family Code provides that Vjollca Hoxha should have filed this claim within the 1 year period after she inherited the shares of her late husband, ie in 2008 and not eight years later.
Vjollca Hoxha goes further by saying that Albert Sino and Aurel Baçi did not pay the amount for the purchase of shares and that this was not done with any bank transfer. But the Court finds that the law of that time (2007) allowed the parties to the civilian circulation to make payments of any amount through the parties in any form they agreed with each other. Thus, the price stipulated in the contract may be paid in cash, but may also be offset by compensation with other financial obligations that the parties may have had with each other.
Not a few times, Vjollca Hoxha has used strongly the influence of Top Channel to manipulate the judicial process. The most recent case was the dismissal of Judge Zeqine Sollaku at the Court of Appeal a few months ago when it was expected to assess security measures. This is because of the conflict of interest because some media began to circulate photos on the beaches of the Maldives tropical islands where Lori Hoxha (daughter of Vjollca Hoxha) was seen under the company of Adela Sollaku (daughter of Zeqine Sollaku).
