On November 16, there is a sitting in the case of Leszek Czarnecki, where Roman Giertych was to present new evidence. Everything that happened was an attempt to prevent this from happening – said Jacek Dubois on TVN24. – The allegation that the prosecutor’s office tried to present to Giertych, because it did not present it effectively, is quite bizarre – said the attorney’s attorney Jakub Wende.
The Poznań prosecutor’s office informed on Friday that lawyer Roman Giertych and 11 other people, including businessman Ryszard Krauze, were charged with the appropriation and withdrawal of approximately PLN 92 million from a development company in 2010-2014.
On Saturday, prosecutor Jacek Motawski, head of the Regional Prosecutor’s Office in Poznań, announced that a decision had been made to refer five of them to court for pre-trial detention.
– Following the successful announcement of the decision to present (the charges – ed.) Against Roman G., preventive measures of a freedom character were applied in the form of a financial surety of PLN 5 million, suspension in the activities of a lawyer, prohibition to leave the country and police supervision combined with a ban on contacting other suspects – he said.
Saturday evening the court in Poznań did not accept the requests of the prosecutor’s office to temporarily arrest five other people detained in this case. The prosecutor’s office has already announced that it will appeal against the court’s decision.
“In this situation, the court acted in the best possible way”
Jacek Dubois commented on the matter on TVN24 on Sunday.
He noticed that “this decision makes Roman Giertych extremely credible”. – Two days ago I said that Roman Giertych said that he felt under surveillance, that he was looked for hooks, that his clients were being questioned. And I said that he laughed at it because he has nothing to complain about. And now the court said the same – that the evidence collected by the prosecutor’s office does not make it more probable that a crime had occurred – indicated.
In his opinion the court in this situation “acted in the best possible way”. – Because in order to apply a preventive measure, one must first ask whether a crime has been committed. The court said that the crime had not been made plausible, so it was impossible to talk about preventive measures – noted attorney Dubois.
Wende: the court found that the prosecutor’s office had not substantiated the charges
The court’s decision was commented on by the representative of Roman Giertych, Jakub Wende in an interview with TVN24. – It is extremely rare that in a situation where the prosecutor’s office makes such serious charges (…), the court rejects the application on the basis of the general premise of Article 249 (of the Code of Criminal Procedure on the Premises and Procedure for Applying Preventive Measures – ed.) – he said .
He recalled that the request was directed against five people, and it concerned “the most severe preventive measure, that is, pre-trial detention”. – I am convinced that if it were not for the condition of Mr. Giertych, such a request would also have been addressed to him – he said.
– This means that the court found that the prosecutor’s office did not substantiate the allegations. She did not provide evidence that would show that the probability of committing these acts is high enough to consider the issue of preventive measures at all – he explained.
Wende was also asked about the words of Ryszard Krauze, who, leaving the District Court Poznań – Old Town on Saturday evening, said that in this case “income was confused with loss”. – If this is true, it is difficult to comment on it using parliamentary words – said Giertych’s representative.
– In my opinion, the charge that the prosecutor’s office tried to present because it did not present it effectively is quite bizarre – he summed up.
“I hope that as soon as he leaves the hospital, he will tell about what wickedness has been committed against him”
– A lawyer was chained in court, deprived of his dignity, made unconscious, hospitalized because the prosecutor was unable to interpret the evidence or acted against the law on someone’s orders – continued attorney Dubois.
– It’s good that Roman Giertych is feeling better, that he will not need replacements, and I hope that as soon as he leaves the hospital, he will tell himself about the wickedness committed against him – the lawyer continued
Dubois said that “even in a state of lawlessness, a lawyer should act according to the law.” – I anticipate that Roman Giertych’s lawyers are currently preparing a complaint against the prosecutor’s decision, it will be sent to the court, and since I am full of respect for the Poznań court, I hope that – taking into account the absolute uniqueness of the situation – this complaint will be examined in the first order, he said. He added that he hoped that the preventive measures against Giertych would be lifted.
He recalled that the parties had seven days to file a complaint.
Dubois: The authorities wanted Giertych to be eliminated from practicing as a lawyer
Dubois pointed out that at present there is a “fight against time” in the Giertych case. – Because the authorities wanted to eliminate Roman Giertych from the possibility of practicing the profession of a lawyer – he assessed.
He said that “on November 16 there is a meeting in the case of Mr. (Leszek) Czarnecki, where Giertych (as Czarnecki’s representative – editor) was to present new evidence.” “Everything that happened was an attempt to prevent it,” admitted Dubois, who is Czarnecki’s second attorney.
The TVN24 guest was asked if, in his opinion, Giertych would be able to perform his duties as an attorney again by November 16. “A month is long enough for the court to consider this complaint,” Dubois argued.
On Friday, the District Court for Warsaw-Śródmieście adjourned until November 16 examining the prosecutor’s office’s motion to arrest Leszek Czarnecki. The businessman is suspected in the so-called GetBack affair. According to “Gazeta Wyborcza”, the prosecution’s accusations against Czarnecki were to be based, inter alia, on on the testimony of former associates, on which the businessman himself sent eight notifications about the crime of acting to the detriment of Idea Bank in 2018 for trading GetBack bonds.
Main photo source: Tomasz Gzell / PAP