As the Court of Appeals today ordered the prosecution to resume investigations into the murder of former police officer Arben Bilali, where the accused is the "strongman" of "Myslym Shyri", Gjergj Cukali, who escaped justice for this charge.

On January 19, 2022, the show 'Në Shënjestër' on News24, by journalist Klodiana Lala, referring to the facts and testimony of the widow of the former police officer, addressed the case of how Cukali escaped charges.

BalkanWeb Below is the broadcast from that time.

THE SHOW ON TARGET
But even though laboratory analysis revealed Gjergj Cukali's DNA in the biological traces left on the plastic bottle in the crime car and despite his arrest, 16 months after the murder, the Tirana Prosecution Office decided to dismiss the case against the main suspect for the crime.

This is because in September 2020, the Court of Appeals overturned the main evidence on which the investigative body relied, that of the DNA found in the plastic bottle.

The man who was arrested in a scandal for the murder of Arben Bilal was released only four months after being detained, following a procedure by the Court of Appeals.

This is because the Appeals Court considered the manner in which the DNA analysis was conducted to identify Gjergj Cukali as the murderer of former police officer Arben Bilali to be illegal.

A three-judge panel headed by Genti Shala accepted the defense's request and declared illegal the procedure for conducting a DNA analysis of Cukali's saliva, which was found inside the car of the former police officer's killers, as according to them it was compared to old saliva samples taken from this person when he was detained for another criminal offense, a year before the murder.

"On 12.04.2018, the judicial police took a saliva sample from the person under investigation, Gjergj Cukali, for the purpose of determining the DNA profile, without the written consent of the person under investigation, without the presence of the prosecutor, and without the presence of the lawyer."

For this reason, the court reasons that "the judicial police should have meticulously implemented all the steps provided for in the Code of Criminal Procedure, obtaining written consent from the person under investigation and mandatorily guaranteeing the presence of a lawyer."

In this regard, the Appeal assessed that "the result of taking the biological saliva sample of the person under investigation, Gjergj Cukali, is unusable and for the same legal reason, the comparative DNA expertise report dated May 30, 2019 of the Scientific Police Institute is also unusable."

But, surprisingly, the prosecution agreed with the lawyer's request, reasoning that it had the opportunity to provide irrefutable evidence because it claimed that "we are dealing with an action that can be repeated at any time."

In this decision, the Appeal emphasizes that "the act subject to the search is a procedural action, which can be carried out at any time."

In other words, the prosecution could take Cukali's saliva sample at any moment, which it can and should do today.

The prosecution made no effort to provide solid evidence that would put Cukali behind bars.

Meanwhile, a three-judge panel headed by Alaudin Malaj signed off on the release of the main suspect from prison.

The decision signed by Malaj also nullified the fact that the inspection of the 'Benz' vehicle used by the perpetrators for the murder was not carried out at the place where it was found, but according to the court, the vehicle was transported by truck to a police garage, where a further inspection of the vehicle was carried out.

Tell me, based on what evidence and clues did the prosecution arrest Gjergj Cukali, the suspect in the murder of Arben Bilal?

To my knowledge, but also from what I have read and analyzed in the proceeding files, in the vehicle found which matches, I emphasize it is the same and matches the one seen in the family cameras, in this vehicle, among other things, a bottle of water was also found where DNA samples were found, taken according to the standard procedure of the State Police.

Who did this DNA profile match?

This DNA profile turned out to be identical to the DNA profile of citizen Gjergj Cukali, who was subsequently detained by the police.

What happened to the suspect next?

Immediately after his arrest, six court hearings were held in succession, of which I was never aware from the first moment until the moment I was notified of the decision to discontinue the investigation into Gjergj Cukali.

With what argument did the Appellate Court acquit him?

Certain segments of the procedural body, both in the Court of First Instance and in the Court of Appeal, have found the evidence found with the DNA of the person under investigation, Gjergj Cukali, to be invalid.

A DNA sample was taken 8 months before the incident and was not taken in the form required by law, without the participation of a lawyer. Namely on April 12, 2018.

At the moment the investigation was discontinued, did you insist to the prosecution that the DNA of the suspect Gjergj Cukali be recovered?

From the moment of the incident until receiving the notification dated June 10, 2020, I have not received any notification regarding the court hearings that have taken place. During this time, I have only learned from television and the media when the suspect's security measure was changed. I have made endless requests, I have addressed all official institutions, including the American embassy, ​​the prime minister's office and the prosecutor general. I have requested and insisted that the DNA of the suspect Gjergj Cukali be taken.

Matilda Bilali has her own doubts about justice.

Even as she says, segments within her were interested in giving the event another twist.

Ms. Bilali, a little earlier you mentioned certain segments within the justice system. What do you mean by that?

Specifically, I am talking about the prosecutor in my husband's case, Bajram Breçani, who is the prosecutor of the Tirana judicial district. Also, the prosecutor of the Court of Appeal, Dritan Peka, who has participated in two out of three sessions and has not filed a recourse. This prosecutor, a former prosecutor who has already been removed from vetting, in addition to not filing a recourse, I believe that he should not have been included in the last session.

Matilda Bilali raises strong suspicions of corruption in the ranks of the judiciary, because otherwise, she says, the perpetrators of the crime would be behind bars today.

The widow of the former police officer says that she has filed criminal charges with SPAK against the prosecutor in the case, the appeals prosecutor, and the judicial police officer, but according to her, this institution turned a blind eye.

"Even though I didn't have any documents proving that all roads led to corrupt acts."

Arben Bilal's wife also touches on another element in the conversation that reinforces suspicions of compromised justice.

Why wasn't Gjergj Cukali's saliva sample taken during his detention?

Did they recover Gjergj Cukali's DNA and if not, what answer did they give you?

No, only the prosecutor in the case has the right to take a DNA sample from a person. From the moment of arrest on 30.05.2019 until 04.09.2019, no DNA was taken.

What explanation did the prosecutor give you?

After many requests, the prosecutor responded and told me that the DNA sample is not being taken because the person does not consent to the DNA being taken.

But as in similar cases, the widow seeking justice has received her own threats.

On June 30, 2019, Matilda Bilali reported at the time that she had received a threatening letter, which she said was related to the murders of her brothers-in-law and husband.

But as she says in this story for the show 'On Target', she has decided not to retreat until the full and true revelation of her husband's murder is revealed.

Will you seek justice in other institutions as well?

Answer: While I am threatened as a family, while I have gone public, I think that nothing has been done so far. Can anything be done? Yes, the evidence is there, the evidence can be obtained. Rest assured that as long as I have breath, I will demand justice to be done to the end. Not only the clarification of the incident, but also the bringing to justice of those who have prevented the clarification of the truth from moving forward.

If it is judged truthfully, the evidence is not manipulated as it has been, if a judge bases it on the evidence and the taking of evidence. If the legal path is to be followed, if the truth is to be sought, of course yes.

Arben Bilali is now another file that calls on the 'New Justice' eight-party body to carry out its clarification without hesitation.

But also another piece of evidence that calls on this justice system not to remain silent.

Without wanting to get ahead of it, but to prevent, one of the longest series of murders that has troubled Tirana over the last 30 years and where even today we still do not have the bracelets of justice in our hands for those who shoot and flee in the darkness of the bullets they leave behind.