At the Basic Court of Pristina, the hearing of witness Emin Tmava continued in the trial against the former Chief Executive Officer of the Kosovo Energy Corporation, Nagip Krasniqi, and Isuf Zejna. Tmava, who is the manager of the supply department at KEK, stated that his relationship with the accused Krasniqi was proper.
He further said that for the repair of the A5 boiler, there were no favorable criteria and no material damages, reports KosovaPress.
Initially, the questioning was conducted by the defense of the accused Nagip Krasniqi, his lawyer Vyrtyt Ibrahimaga.
“My relationship was collaborative, depending on the position we held at the time. I was the manager of the Procurement Office and did not report directly to Nagip Krasniqi, but the cooperation was correct,” he said.
When asked by Krasniqi’s defense whether their client exerted pressure on Tmava, he denied it, while stating that he is not aware if Krasniqi exerted pressure on Ymer Dragusha.
“Except for the meeting where I was present with Ymer Dragusha, I was not present at other meetings and I am not aware, so I cannot respond to that,” he said.
The witness Tmava said that the repair of the A5 boiler was planned for 2025, and after the procedure was opened, it was canceled at the request of the management at the time.
According to him, the procurement procedure of June 2022 was conducted as an open procedure but was canceled because no offers were received.
He stated that this procurement procedure was canceled because no offers were accepted.
The supply department manager at KEK, Emin Tmava, said that after the cancellation of the first procedure, a second procedure was carried out in a single lot, which was negotiated in two lots.
“The new procedure was divided into two lots: lot 1 for the turbine repair and lot 2 for the boiler repair. It was a negotiated procedure, and many economic operators were contacted—approximately 15 companies, as far as I remember,” he said.
During his testimony, Tmava explained why the negotiation commission had recommended the cancellation of the procurement activity for the A5 boiler repair.
“For us as a commission, the statement of a subcontractor was not in order. We had our remarks regarding that sworn statement. Our remarks were that the signatures on this subcontractor’s statement were not authentic and did not match the signatures on other documents. We, as a commission, requested clarifications several times, but in the end, the subcontractor did not respond at all to our request. Consequently, it is considered irresponsible from this aspect. Other reasons for our recommendation to cancel this activity were that the economic operator Litëin changed the commitments made during the negotiation phases,” he said.
When asked whether the recommendation of this commission, of which Tmava was a part, is binding, he said their assessment is not mandatory.
The defense of Nagip Krasniqi requested clarification regarding Tmava’s statement that in a meeting where Krasniqi and Ymer Dragusha were present, Dragusha had expressed willingness to continue the procedure only if ordered by Krasniqi.
Regarding this, witness Emin Tmava said that the procurement procedure does not provide for orders.
“According to the procurement procedure, orders are not foreseen. I am speaking from what I heard and witnessed in a meeting with the CEO and Ymer Dragusha. The CEO requested to see the possibility of continuing the procedure for contract signing, even though the commission had recommended cancellation. Ymer Dragusha said he could continue only if he had a written request or order from you. In that meeting, it was discussed what that request or order was, and Ymer said he would help prepare the text of the request/order,” he said.
The judge, Kujtim Krasniqi, asked whether any contractor was favored during the tender process for the A5 boiler repair. Witness Emin Tmava said there were no favorable criteria.
“There were no favorable criteria,” he said.
When asked whether there was any damage in terms of procurement, Tmava said there was none since no payment was made to the contractor.
“In terms of procurement, there was no damage because no payments were made to the contractor, and the work deadline for the block was not extended due to this operator, as they did not open the boiler. The block was returned when the turbine was completed, and KEK, with some material purchases, carried out a small quick repair of the boiler to return it to operation,” he said.
When asked whether there was any benefit from any contractor, he said he is not aware and does not believe there was any benefit.
In today’s trial session against Nagip Krasniqi and Isuf Zejna, witness Mustafë Kavaja continues to be heard.
According to the indictment, Nagip Krasniqi, as CEO of KEK, Ymer Dragusha, in his capacity as acting director of the Procurement Office, and Isuf Zejna, as a representative of the company “Rexhepi Zeqiri-Zejna L.L.C.,” are accused of causing damage to the state budget of approximately 37 million euros through their actions.
In this case, Ymer Dragusha reached a plea agreement with the Special Prosecutor’s Office, agreeing to a two-year suspended prison sentence.
Krasniqi and Dragusha are also accused of unlawfully benefiting the companies “Monting Energjetica” and “Litëin S.A,” which were deemed irresponsible in the previously announced open procurement procedure.
Nagip Krasniqi is also facing another case for abuse of official duty.
