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Friday, October 30, 2020

Roman Giertych. Charges and actions of the prosecutor’s office. Attorney Jakub Wende and Barbara Giertych comment

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At the time of the interrogation, Mr. Roman Giertych was completely unconscious. He did not take part in this activity at all. He could not declare that he understood the content of the allegation made against him, whether he admitted or not, whether he was explaining or not, whether he was answering questions or not. It was an absolutely apparent activity – said the representative of Roman Giertych, Jakub Wende, in “Fakty po Faktach” on TVN24. The wife of the detained lawyer, Barbara Giertych, said that now her husband “becomes aware once, and then this awareness disappears somewhere.”

The Poznań prosecutor’s office informed on Friday that lawyer Roman Giertych and other 11 people, including businessman Ryszard K., were charged with the appropriation and withdrawal of approximately PLN 92 million from the development company in 2010-2014.

On Saturday, prosecutor Jacek Motawski, the head of the Regional Prosecutor’s Office in Poznań stated that a decision was 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.

“I am outraged as a man, as a lawyer, as a wife”

– I have such feelings that absolutely everything was done to eliminate Roman Giertych as an attorney who represents clients in many sensitive trials – said Barbara Giertych, wife of Roman Giertych in “Facts after Facts”. As she added, the court’s arrest hearing regarding Leszek Czarnecki – Giertych’s client – was to begin on Friday, which due to the situation was postponed for a month.

When asked about her husband’s well-being, Barbara Giertych replied: – If we compare it to what was three days ago, she feels bad. But if we compare to yesterday, when he lay unconscious, he feels better and better. He is aware of what is happening around him, but this is a time when he is aware once, then this awareness flies away.

She also referred to the prosecutor’s suggestion that Roman Giertych was simulating during his arrest. – This is an absolutely outrageous position of the prosecutor’s office. I am outraged as a man, as a lawyer, as a wife. The prosecutor does not have the power to decide about someone’s health, about someone’s simulation or not, she said. As she pointed out, this position is all the more “scandalous” for her because she knows what her husband’s health condition actually looks like. – If I talk to doctors and they answer my question whether there is a threat to life and health, they answer: “there is a threat”, and on the other hand, I see a statement by the prosecutor’s office that Roman Giertych is simulating, there is a far-reaching inaccuracy somewhere – the lawyer noticed.

“The basic rules and regulations of the criminal procedure were absolutely violated”

Jakub Wende, Giertych’s attorney, reported “in Fakty po Faktach” the events of the day the lawyer was arrested.

– One group of CBA officers went home together with attorney Giertyk, and the other group went to the attorney’s office, where the search was started in a completely unlawful manner, because without the presence of a representative of the District Bar Council, who arrived an hour later, and above all without the presence of the person concerned himself, who is the only administrator of case files and information that are in the office on electronic media. The absolutely basic rules and provisions of the criminal procedure in this respect were violated – said the lawyer.

As he said, Roman Giertych was taken to the hospital, where the prosecutor from the Regional Prosecutor’s Office in Poznań soon arrived and “tried to bring charges” against his client.

– Only that at that time Mr. Giertych was completely unconscious. He did not take part in this activity at all. He could not declare that he understood the content of the allegation against him, whether he admitted it or not. Finally, does he explain or not, whether he answers the questions or not. It was an absolutely apparent activity and I think that a moment later the prosecutor realized it – said the guest of “Facts after Facts”.

As he continued, “a moment later, the experts came to the hospital to conduct a personal examination of Mr. Giertych”.

– It is true that they confirmed the preliminary conclusion that Mr. Giertych may participate in the procedural activities, but only in hospital conditions, cannot be transported and cannot be deprived of liberty, i.e. temporarily arrested, because it is a threat to his life or health. Therefore, the prosecutor’s office, having such an opinion, decided to apply measures of freedom, explained Wende.

Main photo source: PAP / Rafał Guz



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