Constitutional Court

The Applicant alleges that the Municipal Court of Gjakova, the District Court of Peja and the Supreme Court violated his rights to a fair and impartial trial as guaranteed by Article 31 of the Constitution and Article 6(1) of the ECHR, The Applicant contends that the expertise relied upon by the trial courts had failed to determine whether the various drivers involved in the road traffic accident had been driving under the influence of alcohol, and that this flawed expertise had led to a faulty interpretation of the circumstances of the accident, The Applicant alleges that, by denying him a re-trial based on his independently obtained expertise, the courts have violated his right to a fair trial, The Court finds that the Referral has not been submitted in a legal manner, because it was not filed within the four months time-limit prescribed by the Law and the Rules of Procedure, and thus must be rejected as inadmissible, because it is out of time