Albanian knifeman can stay in Scotland ... to keep him safe

A MAN convicted of attempted murder after stabbing three people has won a legal battle to stay in Scotland – to protect him from revenge attacks.

Albanian Shkelqim Daja, 44, allegedly knifed the men at a bingo hall in Pordenone, Italy, in December 2006.

He fled to the UK but was later convicted in his absence.

The Italian authorities attempted to have him extradited to serve a jail sentence – but a Scottish sheriff has now ruled that he should stay here, for his own safety.

Edinburgh Sheriff Court heard that Daja had been seeking retribution against a man named Doda Besmir and stabbed him during a confrontation at the bingo hall, leaving him seriously injured.

He also tried to kill Doda Aleksander and wounded another man, Doda Petrit, by stabbing him in the groin.

The court heard Daja fled the scene, cut off contact with his family and travelled to the UK using a fake passport.

He claimed he was worried about an Albanian ‘special law of blood feud’, which would allow people connected to his victims to kill him in revenge. Daja’s lawyers told Sheriff Nigel Ross, QC, that he had been sentenced to 18 years in prison, cut on appeal to 15.

They argued that, for extradition, prosecutors had to prove Daja had fled Italy over fears he would face trial.

But they said he did not find out about the criminal case until a few years ago.

The court heard Daja had cut off contact with family until 2015, when he learned his father was dying after getting in touch with a cousin on Facebook.

His father travelled to Scotland to see him and he heard for the first time about the criminal proceedings in Italy.

Daja’s legal team said he fled because he was afraid of falling victim to the ‘blood feud’, and was not avoiding justice.

They also argued he may not get a fair trial if sent to Italy.

In his judgment, published yesterday, Mr Ross states: ‘There is no information before me which would justify a finding that Mr Daja deliberately absented himself from his trial.

‘He fled the country in incriminating circumstances but that is not enough. I accept as credible and reliable the account which Mr Daja gives.

‘He feared for his life and fled the likely consequences.

‘He appeared to be frank when he said that he was prepared to be answerable before a court for what he had done.

‘His position was that he refused consent to extradition because he feared being murdered in a revenge killing.’

The sheriff added: ‘Because those involved in the incident were Albanian, he was scared of people in Albania.

‘There is a special law of blood feud and he anticipated retaliation. He was worried for himself and his family. He crossed Europe and arrived in the UK. He has lived in Scotland since 2008.’

Mr Ross said Daja ‘can only be extradited if the applicant [Italy] will provide him with certain legal protections in the form of a retrial or review... Daja would be entitled, on return to Italy, to a review on appeal amounting to a retrial, in accordance with Italian procedure.

‘That would involve the rehearing of evidence, or the leading of new evidence, if the appeal court so permits.’

Mr Ross said any appeal hearing would likely focus on evidence from the original hearing, which he feared ‘was not properly tested’.

He added: ‘It is very unlikely Daja will be entitled to test the existing evidence or lead new evidence on his behalf... [he] would not have the right to examine or have examined witnesses against him.

‘Accordingly, the court must order Mr Daja’s release.’

‘Special law of blood feud’