By Boldnews.al
Tirana’s judge Julian Haxhiu may consider as his “career chance” the trial procces in which Rea Xhillari, the daughter of Prime Minister Edi Rama’s wife Linda, is waging against 9 on-line medias ,including journalist Jetmir Olldashi, as an individ.
To increase the chances of Vetting, apparently controlled by senior government exponents, Judge Haxhiu is conducting trial procces, in flagrant legal and procedural violations.
In January 2019, some on-line media reported that Prime Minister Edi Rama’s candidacy for Foreign Minister, Gent Cakaj, was in an intimate relationship with Miss Xhillari. In this story, journalist Olldashi is not personally involved with any writing or article.
However, the on-line agency under Olldashi’s administration, Boldnews.al, part of Media Solution, has published at least 3 articles on the subject. Two articles have been published; Rea Xhillari’s stance on the news, focusing mainly on a virtual refutation to journalist Artur Zheji (360grade.al agency), as well as the latter’s reaction.
While the third article published by “Boldnews.al” is an analysis taken by “gazetaimpakt.com”, which suggests that one of the reasons that President Ilir Meta refused to endorse Gent Cakaj’s post as Foreign Minister may be another possible connection to Rea Xhillari.
That is what Boldnews.al presents, and not the individual Jetmir Olldashi, in this story. But precisely, the publication of the article taken from “gazetaimpakt.com” has turned journalist Olldashi (not the administrator, but the individual) into a person indicted by Rea Xhillari in the ongoing trial by the Tirana Court.
However, this is a matter of substantive judicial review. But what is easily ascertained are the legal and procedural violations of Judge Julian Haxhiu in the consideration of this case.
Breaches
The trial process, in which Xhillari seeks “ascertainment of honor and personality offenses through false allegations of a defamatory nature” and “indemnification of 10 million new leks by the indictees”, began in June 2019.
The defendants are: Physical Person “Arthur Zheji”, AKEP, Physical Person, Celjeta Sherifi (“Albeu”), “Hekla” shpk (“Telegraph” newspaper), Physical Person “Kasem Hysenbelliu”, “Free Information Center” (Eye .net); “Standard LTD” (Standard newspaper) and Jetmir Olldashi.
So far 3 hearings have been held, while at least 3 of the defendants have no knowledge that they are being sued.
Journalist Jetmir Olldashi, who has been indicted as an individual, which also results in the Tirana Court website, has had no official knowledge that he is being sued.
On October 27, 2019, the lawyer of one of the defendants publishes a comment on this litigation in his profile on the social network “Facebook”, which also mentions the fact that one of the defendants is the individual journalist, Jetmir Olldashi.
This is the first moment when journalist Olldashi receives unofficial information about the trial. The next day, October 28, 2019, the day that Judge Julian Haxhiu had scheduled the next hearing, the legal representative of the journalist Olldashi, lawyer Indrit Sefa, appeared in the process to inform him about the situation.
The lawyer is informed by the judge that he (the judge) had made efforts to notify individual journalist Jetmir Olldashi about the process. In the court documents is shown that the court employee received the envelope with the address “Jetmir Olldashi-Kashar” but did not find the address.
Of course, at that address, no postman could find the respondent’s address in an area inhabited by tens of thousands of people.
Following this “failure”, the judge decides to report to journalist Olldashi “by proclamation” in the premises of the Tirana court, deliberately circumventing the legal provisions in the Code of Civil Procedure.
At this Code is given particular attention to the procedural moment of notification of the parties.
At sections 128 and following of the Code of Civil Procedure are provided the mandatory steps of the court’s for notifying the parties.
If the correct address is not found, the court may send the notification to the respondent’s familiars, to the premises where he works, to neighboring residents, to the work center, to colleagues, etc. Finally, in the event that all of these attempts at notification fail, the court decides to make the announcement in the court premises.
But, as it turns out in the present case, Judge Julian Haxhiu, from a completely incomplete address notice, has gone through the final stage, the one with the announcement. In doing so, it has deliberately bypassed the mandatory provisions of the Code of Criminal Procedure.
It seems clearly that Judge Julian Haxhiu did not prefer to have all the defendants in the hearing. In the case of journalist Jetmir Olldashi, the judge and the judicial administration could found it very easy to contact.
Journalist Jetmir Olldashi, although indicted as an individual, is in fact in litigation as administrator of Boldnews.al. Judge Haxhiu and the court, with minimal will, could have found the contact address of journalist Jetmir Olldashi.
The company Media Solution, part of which is the Boldnews.al news agency, is registered at the National Business Center (NBC) on July 1, 2016. The NBC extract, which is public to anyone, is available the full address of “Boldnews.al”. Just a simple click on the NBC site and Judge Julian Haxhiu and the court administration could easily contact to journalist Olldashi.
But the judge and Tirana court have decided to bypass the simple process of searching for the address of individual journalist Jetmir Olldashi.
Now the trial is in the conclusions step, while the journalist Olldashi, as well as the “Kasem Hysenbelliu” and “Gentjan Cekeli” Physical Persons, had no official knowledge of the lawsuit against them.
This fact is also acknowledged by the court itself, which, in the three hearings held, found that the three defendants had no notice of the process.
