Verdict announced in case of father and son accused of cultivating hashish

In the trial of a father and son, both accused of cultivating the hashish plant, after the conclusion of the judicial review, the Court announced the verdict.

The trial panel headed by Judge Mustaf Tahiri has announced a verdict by which the accused Granit Rafuna has been found guilty of the criminal offense of cultivating hashish or cannabis plants, in such a way that he has been sentenced to 10 months of suspended imprisonment, for a probationary period of 2 years, so that if the same person does not commit another criminal offense within a period of 2 years, then this sentence will not be executed.

Otherwise, he will serve a prison sentence and will also be punished for the other offense committed.

While against Ibrahim Rafuna, the Court has issued an acquittal.

During the closing statement, the prosecutor in the case, Ferdane Sylejmani, asked the Court to find the defendants guilty and sentence them according to the law, since according to the prosecutor, after the administration of evidence, it was established that the defendants committed the criminal offense for which they are accused.

"After the conclusion of the judicial review in this criminal case, the defense and the evidence administered have proven that through the joint actions of the accused, they committed the criminal offense of cultivating hashish. I propose to the Court to find them guilty and sentence them for committing the criminal offense of cultivating hashish or cannabis plants in co-perpetration," said Prosecutor Sylejmani.

Meanwhile, the defense attorney of the accused Granit Rafuna, attorney Donika Dobruna, stated that according to her, the Prosecution has failed to prove direct intent against her client, who according to the attorney acted in error.

"There is no action, no intention, direct intent is missing. Granit acted in a factual error and in no way can he be responsible for the actions or inactions of other persons," the lawyer said.

She said that the accused Granit Rafuna was not aware that the plants he planted were narcotic plants because he thought they were flower seeds.

"He was not aware that he was producing plants from which narcotic plants would be cultivated, he acted in a factual error, he was not aware because he thought they were flower seeds," Dobruna declared.

Therefore, she asked the Court to acquit her client of the indictment and, in the event of conviction, to take into account mitigating circumstances.

"The accused should be released, possibly if the Court finds him guilty based on mitigating circumstances, age, financial situation, his previous behavior and health condition," said lawyer Donika Dobruna.

Lawyer Shpend Bokshi also said that his client, Ibrahim Rafuna, is innocent because, according to him, no evidence has been provided to substantiate any of the Prosecution's claims, since, according to the lawyer, there is no criminal offense in his client's actions for which he is accused.

"The evidence administered does not argue anything in relation to my client, while in the actions of my client there is no criminal offense for which he is accused. My client has not cultivated any narcotic plants. There are legal conditions for an acquittal to be obtained against my client," said lawyer Bokshi.

According to the indictment, Ibrahim and Granit Rafuna, father and son, cultivated the cannabis plant without authorization for the purpose of producing narcotics or psychotropic substances.

According to the indictment, father and son, Ibrahim and Granit Rafuna, have been planting cannabis plants in the garden of the house of the accused Ibrahim Rafuna, in the village of Shkabaj, Pristina, for an unverified period of time, which they have watered and cared for.

According to the Prosecution on June 30, 2015, during a police inspection, nine (9) suspected narcotic plants "cannabis sativa" with a height of about 50 cm were found planted in this garden, while two plants of the same type were also planted in pots, a total of 11 (eleven) roots, which plants were confiscated by the Police, while after the expertise it resulted that Cannabis (Marijuana), which contains Tetrahydrocannabinol (THC), is present in these plants.

Through these actions, the Prosecution alleges that the two defendants, in complicity, committed the criminal offense of cultivating hashish or cannabis plants./Kallxo.com/