I must admit that I am very surprised, and very negatively surprised by the form in which it was communicated to me and disclosed to me – prosecutor Ewa Wrzosek said in an interview with TVN24. She referred to the disciplinary proceedings initiated against her, about which – as she said – she learned from the media. – I was accused of a gross and obvious contempt of the law. I don’t know what rules. I also do not know what this blatant and obvious insult to these provisions would be – emphasized the prosecutor, who wanted an investigation into the presidential election in April.
On April 23, Ewa Wrzosek from the Warsaw-Mokotów District Prosecutor initiated an investigation into the decision to hold the presidential election in a pandemic. On the same day, after three hours, it was discontinued by another representative of the same prosecutor’s office. A day later, the national prosecutor ordered disciplinary proceedings to be initiated against Wrzosek. As RMF FM reported on Thursday, the proceedings against Ewa Wrzosek have already been initiated and are being conducted by the disciplinary spokesman at the Regional Prosecutor’s Office in Łódź. The reason for taking these measures is the suspicion that the prosecutor has committed a service misconduct described in the Act on the Public Prosecutor’s Office as “an obvious and gross violation of the law”.
Wrzosek: I am very negatively surprised by the form in which it was communicated and revealed to me
On Friday, in an interview with TVN24, prosecutor Wrzosek commented on this situation. – The very initiation of disciplinary proceedings, I expected – she said. – Already at the time of my decision to initiate an investigation into the activities undertaken during the pandemic, aimed at holding presidential elections in Poland during the pandemic, such a decision has already been officially announced in the media by the prosecutor (national, Bogdan – ed. ) Święczkowski – she noticed.
– But I must admit that I am very surprised, and very negatively surprised at the form in which it was communicated to me and revealed to me – she admitted. As Wrzosek explained, she learned about the initiation of the procedure from the media and “officially does not have any information”.
– I only know, and it is also from the media, that I was accused of gross and obvious contempt of the law. I don’t know what rules. I also do not know what this blatant and obvious offense against these provisions would be – she emphasized.
“Nobody asked me to provide any explanations regarding these allegations”
The prosecutor emphasized that she had received “neither a letter nor any information” about the initiation of the proceedings.
– The procedure in these kinds of situations should be that the preliminary phase is a so-called investigation. And at this stage, the prosecutor is called to submit a statement in which he has a chance to present his position, argue it, may make an attempt to defend himself – Wrzosek pointed out.
– In my situation, there was no such investigation, or I do not know about it, because no one asked me to provide any explanations for these allegations – emphasized the TVN24 interviewer. She added that she “couldn’t even guess” what the allegations against her might sound like.
She initiated an investigation “on bringing a danger to the life and health of many people”
In the justification of the decision to investigate the organization of the elections, prosecutor Ewa Wrzosek wrote that she decided to “initiate an investigation into the threat to the life and health of many people by undertaking actions aimed at holding the elections of the President of the Republic of Poland in 2020 during the period announced on the territory of the Republic of Poland. Regulation of the Ministry of Health of March 20, 2020 of the epidemic status in connection with SARS-CoV-2 virus infections “.
The proceedings were initiated by her in the direction of article 165 of the Criminal Code, point 1.
Whoever brings a danger to the life or health of many people or to property in large sizes: causing an epidemiological threat or spreading an infectious disease or an animal or plant disease (…) shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.
The National Prosecutor’s Office: the decision of the prosecutor Wrzosek was groundless
Prosecutor Mirosława Chyr from the District Prosecutor’s Office in Warsaw informed in April that the investigation was discontinued on the same day. It stated that the justification stated that the case was discontinued “due to the fact that the act had not been committed”.
According to the National Prosecutor’s Office, the decision made by Wrzosek to initiate an investigation into the organization of the presidential elections was “of a political nature and context”.
“The decision had no basis, because the event that triggered the procedure did not even take place. The rules, including the date of holding presidential elections, are still being discussed in parliament’s legislative work,” argued.
Ultimately, the elections ordered on May 10 did not take place
Initially, according to the order of the Marshal of the Sejm, the elections were to take place on May 10. Then, due to the threat of coronavirus, the vote was to be held only by correspondence. Finally, the president of the Law and Justice party, Jarosław Kaczyński, and the leader of the Covenant, Jarosław Gowin, stated in a joint communiqué that “after May 10, 2020 and the anticipated annulment of the elections by the Supreme Court, due to their non-holding, the Marshal of the Sejm will announce new presidential elections at the earliest possible date.”
Ultimately, the elections ordered on May 10 did not take place. The State Electoral Commission stated in the resolution issued that day that “there was no possibility to vote for the candidates” and added that this fact was equivalent in effect to the lack of the possibility to vote due to the lack of candidates provided for in Article 293 of the Electoral Code.
Main photo source: TVN24