1 February 2012, Pristina

A EULEX judge at the District Court of Pristina has partially confirmed the indictment against five defendants in relation to the Mobile Virtual Network Operator (MVNO) agreement between PTK and Dardafon LLC and the subsequent transfer of the license to Dardafon.net LLC in 2008 and 2009.

The pre-trial judge has confirmed three counts against I.B., legal representative of both Dardafon LLC and Dardafon.net LLC, B.D. and S.D., the two owners of private companies belonging to the Devolli Group (Count 1: Fraud, contrary to article 261 Criminal Code of Kosovo (CCK); Count 2: Entering into harmful contracts, contrary to article 237 of CCK; and Count 4: Falsifying documents, contrary article 332 of CCK).

The judge also confirmed three counts against S.H., Chief Executive Officer of PTK and R.G., Chairman of the PTK Board of Directors (Count 6: Entering into harmful contracts, article 237 of CCK; and Counts 7 and 10: Abusing official position, article 339 of CCK).

Two counts against I.B., B.D. and S.D. have been dismissed (Count 3: Breach of trust; and Count 5: Organized crime). The pre-trial judge also dismissed two counts against S.H. and R.G. (Counts 8 and 9: Misuse of economic authorizations).

The dismissal can be appealed by the prosecutor within three days from the service of the ruling.

The indictment was filed by a EULEX prosecutor from the Kosovo Special Prosecution Office (SPRK) on 9 June 2011.

The indictment is a result of an investigation initiated on June 2010 by a EULEX prosecutor from SPRK in cooperation with the Financial Intelligence Unit of EULEX Police. During the 15th of July 2010 searches, the investigators seized large amounts of material which were examined by SPRK. Key expert analyses were also undertaken in relation to evidence seized. A number of witnesses were interviewed regarding this case.

The investigation, prosecution and adjudication of corruption and organised crime cases in Kosovo are part of the EULEX executive mandate.