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PHOTO: The author
The Kardzhali District Court returned the case of the accident with Lyutvi Mestan to the prosecutor’s office. The DOST leader is accused of causing the negligent death of a 6-month-old baby.
The incident occurred on April 14, 2019 at the Kardzhali International Highway – Makaza Border Checkpoint. When Mestan tried to merge onto the main road, he was hit by a BMW driven by the dead boy’s father, Ussein Ahmed. He is also charged with causing wrongful death..
At the beginning of the hearing, Mestan and his lawyer requested that the session be adjourned, arguing that they had not been provided with a copy of the case and were not aware of it. Their request was rejected by the court on the grounds that they had the opportunity to view the materials in the office.
The case was processed and the mother and the brother of the deceased baby were constituted as private prosecutors. Mestan demanded that the case be returned for further investigation because, he said, “the prosecution has flagrantly violated his rights to a fair trial.” According to the policy, the experts did not correctly calculate the speed of the other car, since they did not take into account that before leaving the road, it knocked down a traffic signal with two concrete metal tubes. Mestan also said that 108 bushes around the road, which disturbed visibility, were cut down after the incident. In addition, 3 days after the accident, a stop line appeared on the road, which was significantly away from the “Stop” sign, where it had stopped.
The court returned the case to the prosecutor’s office for significant procedural violations, but they were unrelated to Mestan’s request. The prosecution was ordered to appoint a special representative for the younger brother of the deceased child. Another violation is that the prosecution allowed the accused father Usain Ahmed and the mother Emine, who became a private prosecutor, to have the same lawyer. According to the court, they should have taken the lawyer.
After the hearing, Lyutvi Mestan announced that the judgment against him was an order.
“The prosecution violated my right to a fair trial, charged me without committing a criminal act, created and implemented a media strategy to build the image of the murderer of a young child at the highest level, including through defamatory accusations from the spokesperson. Direct political interest in these actions of the prosecution belongs to the MRF, ”said Lyutvi Mestan.
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