Sunday, January 31, 2010

The facts do yield their secret sense

“The world exists for the education of each man. There is no age or state of society or mode of action in history, to which there is not somewhat corresponding in his life. Every thing tends in a wonderful manner to abbreviate itself and yield its own virtue to him. He should see that he can live all history in his own person. He must sit solidly at home, and not suffer himself to be bullied by kings or empires, but know that he is greater than all the geography and all the government of the world; he must transfer the point of view from which history is commonly read, from Rome and Athens and London to himself, and not deny his conviction that he is the court, and if England or Egypt have any thing to say to him, he will try the case; if not, let them for ever be silent. He must attain and maintain that lofty sight where facts yield their secret sense, and poetry and annals are alike.”

I began today with a quotation from a truly great American essayist, philosopher, poet and the leader of the Transcendentalist movement of the nineteenth century, Ralph Waldo Emerson. The above quotation is taken from his essay on history and serves always to remind me of my place in the world with no reference to time or geographical location. Anyone who can read and understand this statement is indeed fortunate. However, I think it would be arrogance on my part if I tried to explain what I think Emerson speaks of as it would only be a very subjective view. I only know that a proper understanding would free us of much of the dogma, propaganda and hypocrisy currently being shovelled into our heads by all of the controlling influences we have to deal with on a daily basis, and which makes us afraid to speak our minds.

Many people have told me that what is happening to me is really nothing unusual in ‘the Polish reality’. That is the expression most often used, the Polish reality. My answer is simple. I am completely indifferent to whatever it is might constitute the Polish reality. In fact, to be blunt, I do not give a damn. I am not concerned, at this time, with what the Polish state may or may not do to its citizens. That would be a political issue and I am not concerned with Polish politics. What concerns me is very much a simple legal issue.

My property has been taken by the police acting on behalf of the state, it is being retained by the prosecutor also acting on behalf of the state. Precisely what that property consists of in this matter is of no relevance. My contention is that my property was taken in a manner which is not consistent with any Polish or European (Union) law. The evidence to show the veracity of this statement is available to any interested party. Nevertheless, the state refuses to return my property or answer my request.

Ø I have been given to understand that it is not legally possible for me to appeal for the immediate return of my property. What exactly is it in Polish or European law which precludes me from making such application?

Ø Can the state refuse to allow me the right to appeal to law for the immediate return of my property?

Ø If indeed the state can refuse me such appeal, what specifically (statutorily or otherwise) within Polish or European law gives them the right to do so?

I decided that I would ask the same questions again, only this time I would be much more direct and to the point. This was brought about as a result of a recent conversation. It was also as a result of this conversation that I decided to write an open letter to all of the members of the faculty of law at the University of Warsaw, see below. During this conversation I was told that the moment my case went to the prosecutor that was it. He, the prosecutor, has the power to decide what is permitted and what not, and there is nothing that can be done about that. What specifically gives the prosecutor this power?

Naturally, I wanted to know what would happen if, as in my case, it transpired that the original complaint was a false one. I was told that this is a daily occurrence in Poland and that such cases go on for years. The example cited took eight years to reach its conclusion. Obviously, I was intrigued to hear that the prosecutor can have the knowledge that an allegation was false, yet still manage to keep the process in the Polish legal system for a period of eight years.

That is an astonishing discovery and one which fills one with feelings of trepidation. This is tantamount to saying that the prosecutor may have full knowledge that the process is flawed through the commission of the crime of perjury, yet still seek to obtain a prosecution in the knowledge that this crime has been committed by the complainant. My suggestion was that in such an instance the prosecutor would be acting ultra vires his authority. So, what specifically in Polish or European law gives the prosecutor the right to ignore the commission of a crime in order that he may seek a prosecution?

This was the point at which my interlocutor decided that the discussion should end. The reason for the end of our conversation was very interesting. He believed I was now asking questions for which I would never get answers. Why? Those who knew the answers to such questions would never answer them. It is interesting the answer one gets when one asks, “why?” “They are all lawyers. They all have different titles but they are all lawyers.” I thought I would be clever and suggest that I would ask the academics. My interlocutor laughed and said, “Now you are showing me that you really don’t understand. Those of them who know are lawyers too, and the majority probably do not even know the answers to your questions.The thought entered my mind, are these not some of the leading professors and doctors of law in this country? The people who advise government on matters of law.

The words given in quotation marks are not my own, but the words of someone I consider to be an extremely enlightened Polish citizen. Incidentally, he also said he was doubtful I would ever get one of these eminent lawyers to leave a comment in English. About this I am also inclined to agree, although I believe the main reason I will not get comments has nothing to do with language, but is to do with a topic which deserves its own time and space. It has to do with being bullied by kings and empires.

The facts do yield their secret sense. I have no wish to submit to the Polish reality. Show me the law of either Poland or Europe to which I am expected to yield, otherwise return my property. Better still allow me my day in court so that I may get a ruling from a Polish court on the legality of the taking of my property. Moreover, I hereby give notice that time is of the essence in this matter and that I am counting every day of my time wasted for obvious reasons.

Friday, January 29, 2010

Six months and still waiting on Polish justice

Today marks exactly six months since my life was brought to an abrupt standstill on the basis of one lie told by one person who your society looks upon as a person of distinction but who in this matter has behaved like... Actually, I think it is better I do not say like what as it is not for me to cast aspersions on the character of someone your society considers to be an upstanding citizen of substance and virtue. So much so, in fact, that they would incarcerate another simply on this persons word without one scrap of corroborating evidence.

Furthermore, this system then asks me to answer to a criminal charge of defamation of this persons character. This same person who accused me of the crime of theft in the knowledge that the accusation was false. If a layperson does this there can be an element of indulgence because it could be thought that he knew no better. If a person who is a lawyer and a judge does this, what could one possibly say about this person? Is there no authority in Poland who deals with such matters in the way in which they ought to be dealt? Naturally, I would not be so bold as to say how such things ought to be dealt with.

During these six months I have remained silent in the hope that the Polish system of justice would act fairly and judiciously. It was hoped that as it was obvious that the person accusing me of serious crimes and busily defaming my character had in fact done so to avoid payment of a debt this would be taken into account and that the only equitable thing to do was to bring the matter to a speedy conclusion. It is now obvious that I was wrong in having such hope. It would seem that this system has nothing to do with fairness or, dare I say it, ‘justice’.

I do not think it takes a genius to realise that I have not just been caused inconvenience. I have been stripped and searched in front of all comers, then imprisoned by a court without any attempt at the substantiation of the accusations made against me. I could elaborate substantially on the humiliation and degradation involved in the treatment I have received, and I will in the future. However, I am sure if I did so now I would be accused of somehow interfering with the wonderful system of justice which has allowed itself to be used to bring a malicious prosecution against me in its name. I say ‘in its name’ as this matter is a criminal one and therefore in the name of all citizens of Poland. This is the fact which is being ignored and should not be ignored in any civilised country and especially one claiming membership of the European Union.

My accuser may continue with his life as if nothing has happened, whereas his actions have seen me made jobless for the first time in my life, in effect homeless and completely unable to do anything about it until the system of justice deems it fit to actually give me a hearing. Just in case anyone has not yet understood, I mean without any form of income since February 2009 in the capital of this country and without any hope of changing this as long as this affair is ongoing. All of this by design rather than accident. Please note that there will be consequences. I would only say that even if I have to starve I have no intention of running anywhere until this matter is resolved in its entirety.

I must repeat, the most astonishing thing to me is being accused of defamation of character. This person could never bring such a charge against me in a civil court where it belongs. So, while we are at it, why not get the system to deal with this one along with the false accusations of blackmail and extortion which has now been conveniently forgotten even though that was the purpose for which the warrant for my arrest was issued. This person was correct in the assumption that if he accused me of everything the system would step in and make something stick. Is that not how it seems? Please forgive me if it appears as if I am being facetious, but am I really supposed to accept this in silence? Would you?

I am fully aware of the Polish hatred of being told anything which is not favourable to Poles and Poland. I am also very much aware of the resentment held against anyone, by anyone I mean any foreigner, who dares to say that the Polish system is not wonderful. I have only one thing to say on the matter and it comes in the form of a question. How much of the next 200 years do you want to spend under subjugation? I ask this question because I know many people see and understand the implications involved in what is happening to me and thousands of others. However, where does seeing, understanding and yet remaining silent lead?

Wednesday, January 27, 2010

Can the Academics give me the answer?

This is an open letter to all members of the Faculty of Law at the University of Warsaw. I have decided to appeal to this faculty of law as the events described took place in Warsaw and the person involved is a former member of this faculty.

I would be grateful if you would leave any comments by using the link provided below, as I would like all comments available to all visitors to this blog. Please click on comments. Then by clicking on 'comment as' it is possible to make a comment leaving your name or anonymously.

If I do not receive a satisfactory reply I shall proceed to send this to every university in Poland. In other words, I shall proceed step by step until I receive satisfactory answers to my questions. I am certain someone has answers to these questions and I cannot understand the reluctance to provide them in this democratic land governed by laws.


Dear Sir/Madam,

As you can see by the fact that I am communicating with you in English, I am not Polish and I do not speak the Polish language. I currently find myself at the mercy of a legal system, the Polish one, which I find incomprehensible. I would therefore be indebted to anyone who could enlighten me as to the workings of certain concepts in Polish law which are beyond my powers of comprehension.

I am currently involved in a dispute with a prominent lawyer and judge with regard to an outstanding debt. In an attempt not to pay the debt, this person went to the police and claimed that I had stolen certain documents from his legal practice, or himself personally, I am not sure which and that I was using these documents for the purposes of extortion and blackmail. As a result of this complaint a warrant was issued which enabled the police to arrest, detain and hold me until it was established that these ‘stolen’ documents were in my possession. The assumption being made that they had been stolen as reported by this ‘gentleman’. Immediately upon my arrest I was taken to my flat and made to hand over two computers. These computers contained irrefutable evidence that the documents were handed to me in the pursuance of my duties on behalf of this ‘gentleman’ and his legal practice and that he simply sought not to pay for the services he had requested and received. Very definitely NOT STOLEN.

I do not wish to go into the intricacies, nor the wrongs or rights of this case, as it is still ongoing, other than to point out that the warrant for my arrest was issued on the basis of false evidence given by my accuser. This is now clearly established and accepted by all parties concerned. Without this warrant and the police action based upon the issuance of this warrant my computers could not have been ‘confiscated’. I use the term confiscated as it is clear to me that my computers were not legally taken from my possession as the warrant issued was based upon an absolute lie. I have always thought it was the responsibility of the system to establish that there was an element of truth in any allegation before acting on such accusation with regard to criminal prosecution. Obviously, in Polish law there is no such obligation. On the basis of this lie I was imprisoned, something else at this point I do not wish to discuss.

So, why am I writing this open letter to the legal academia of the University of Warsaw?
Very simple! I have repeatedly requested the return of the two computers confiscated by the police and now being held by the prosecutor. All requests have been denied, even though the contents have been secured. I believe the prosecutor has no right to retain my property as it was not legally taken. Furthermore, I believe he has no right to use evidence obtained in this manner to bring a prosecution, especially as the intended prosecution has nothing to do with the original accusation which has proven to be false. Is this anything to do with the fact that I was wrongfully imprisoned?

Is it usual in the Polish system of justice that a person can make a false allegation, the accused be arrested and imprisoned without any attempt on the part of the police to establish the veracity of the allegation? If this is the case, what is being done about it as it implies that a large number of people are being wrongfully and maliciously imprisoned?

I believe it could be argued that any case brought against me should fail as any evidence against me was illegally obtained. Particularly as the only evidence against me has been selectively gleaned from the two computers confiscated, while ignoring all that proves my innocence. At the same time refusing me access to that same evidence collected by me for the purpose of proving my innocence. However, these points introduce another discussion.

What exactly do I ask for? I simply want my property returned, my two computers. I would like to make an appeal to a Polish court to have my property returned, but I am being told that is not possible. I would really be grateful if someone could tell me why I cannot make such an application. Does the Polish legal system have the right to confiscate my property on the basis of a tissue of lies told to the police, refuse to return it and refuse to allow me any right of appeal against its confiscation?

I simply want a Polish court to rule on the legality of the confiscation of my property. Why is that not possible?

I thank you in anticipation of a prompt and informative reply,

Respectfully yours,

George Lee

Sunday, January 17, 2010

Thoughts about where to go with this blog

‘Human beings are perhaps never more dangerous than when they are convinced beyond a doubt that they are right.’

I do not remember where I heard it. However, this thought comes to me every day.


I got up early this morning (Sunday) and went for a walk. It was bitterly cold and I kept asking myself what the hell I am doing in this terrible place. I do not mean Warsaw, I mean Poland. I have tried to accept that this Poland was a country of laws, which made it a ‘democracy’. This is what I am always being told by Polish people who believe that there is such a thing as democracy. I am not stupid enough to believe that I could possibly obtain ‘justice’ from the system as it currently exists in your country. Why should justice be available to me when the experience I have just had shows me that ‘justice’ is not available to the archetypal Polish man or woman you may meet in the street? So, I do not seek ‘justice’. What I seek is right, as opposed to wrong. I believe that right is might, not might is right. For this I will fight anyone, because it is the essence of freedom, if such a thing exists. While I was walking I was thinking about where I should go next with this blog to further this fight which will not end until I have obtained right. Why? Because I am right.

I would like you to give this some thought. Are you aware that on the basis of one lie from one person your life can be torn asunder and brought to nought? Does that remind you of anything? Maybe something beginning with C. Are you aware that any criminal can do this to you simply by going to the police and making an allegation against you? No attempt is made by the police to verify the truthfulness of the accusation. On the basis of this uncorroborated allegation the police can arrest you, confiscate your property, and worse still, have you imprisoned by a court without you ever being given the opportunity even to question the allegation.

Furthermore, once they have you imprisoned they can keep extending the incarceration indefinitely while refusing to permit you to return to court to question, not the accusation, but the incarceration. I know you are innocent until proven guilty, but in Poland you can be imprisoned indefinitely without being proven guilty and due to the 'efficiency' of this system of justice indefinite means indefinite. When I asked why, I was given the answer which seems to be the answer for all ills, ‘To jest Polska!’ This is usually said with a big toothy grin. In fact it is not funny at all, it is really rather sad.

Now let met me tell you what is really frightening. By the time it is discovered that they have made a mistake you have been wrongfully imprisoned. Now, you are really in trouble because they must now find something with which to, not charge you, but convict you. You have been imprisoned, so you must be guilty of something and if you are not found to be guilty of something there would be consequences. However, who is to accept responsibility? The police, the prosecutor or the system?

What really saddens me is that when the Polish man on the street hears about what has happened to you his attitude is that you must have done something or that could not happen. I think this says something about the Polish character, but it is not for me to say what. Just wait till it happens to you!

Now do you understand? Once you are in this position you cannot be innocent. You must be found guilty of something, because the system does this to so many people that someone would have to accept responsibility if it was admitted at this stage that you are innocent. The consequence would be a very large number of lawsuits for wrongful imprisonment. This cannot be allowed to happen, so the system is manipulated to ensure that the person is convicted of something, anything. Usually nothing to do with the original accusation.

My accuser went to the police and accused me of extortion and blackmail. These are crimes for which the penalty is a substantial period of imprisonment if found guilty. I believe a minimum of five years. However, I stand to be corrected and would be grateful if someone could enlighten me on this point. The accusation was justified by accusing me of the crime of the theft of certain documents. I am told that a warrant was issued to enable the police to arrest me to confirm the theft of these documents. In order for this warrant to be issued, surely my accuser must have made a complaint in writing making this accusation. I have never seen the warrant nor the complaint which led to the issuance of the warrant. I would be really grateful if copies of these documents were to be made available to me, but suspect I may wait in vain. Could somebody please explain why it seems as if these documents are being withheld?

In closing for today, I would like to point out that though the computers confiscated contain incontrovertible evidence that the documents were not stolen and that the accusation was made in order to avoid payment of a debt my accuser walks free and with no consequences. Yet, the prosecution seeks to charge me with threatening to reveal banking secrets, which I cannot explain here in spite of the Bond-like inference, and defamation of the character of my accuser. I am sorry but I cannot help laughing out loud each time I think about it. Defamation of character is a criminal offence! Now I have to say, 'This is Poland!' Hold on a minute! What about extortion and blackmail? Are you listening? Once you have been imprisoned they will keep trying until they find something from which they believe they can get a conviction.

Moreover, you can forget the fact that the original warrant was issued on the basis of a lie told by your accuser, that your accuser was aware of the fact that this was a lie, that everyone is aware that your accuser lied in order to obtain the warrant which was used to justify your arrest and that your property, thus obtained, is being used to provide the evidence with which they hope to convict you.

This is the Polish justice for which I was imprisoned in order to prevent me from running away. Think about it! If I had run away they would have called me a fugitive from what? Polish justice.

Friday, January 15, 2010

Reason for this blog

I spent the whole of August and half of September 2009 in a Polish prison, namely Białołęka, Warsaw. I was sent there because my accuser claimed that I would attempt to run away from Polish justice, hence the title of this blog.

On 29th July 2009, I was arrested by the police in Warsaw because I had been accused of blackmail and extortion by a prominent lawyer and judge. I choose quite deliberately not to name this person, nor to divulge the amounts involved in this supposed crime.

The issue I would like to discuss is the behaviour of the Polish legal system towards me as a result of these allegations. I do not want to enter into any discussion about my guilt or innocence. However, I would like to promote a discussion about the process which brought about my arrest and detention.

This prominent person and I was involved in a dispute with regard to a sum of money owing to me for services provided to him by me but which he denied owing. Here it is important to point out that he sought me out and asked me to move from Krakow to Warsaw to provide these services, and that all documents referred to was handed to me by him in order that I could provide these services. After a period of somewhat unpleasant negotiation he decided that he would carry out his threat to have me locked up, rather than pay the amount owing.

He then hired private detectives, told them I had stolen documents from his legal office and was using these documents to blackmail him. He paid them to produce a report which stated precisely what he had told them I had done. Furthermore, they arranged two meetings with me on the grounds that he would pay me the amount he owed and which I attended for the purpose of being paid what I was owed and he now admitted he owed. These two meetings were recorded without my knowledge. He then went to the police and accused me of extortion and blackmail. I will only state here that neither extortion nor blackmail is now spoken of by the prosecutor. However, they seek to charge me with threatening to reveal banking secrets and, in my opinion ironically, defamation of this persons character. This came about as it was immediately established that the warrant issued was based on the falsehoods of my accuser. It is now clearly established that every single document said to have been stolen was handed over to my possession by this ‘gentleman’ and not stolen.

A warrant was obtained by the police to arrest me at the second of the two aforementioned meetings. I am told that the warrant was issued in order to establish if the documents said to have been stolen were in my possession. Upon my arrest, I was taken to my flat in handcuffs, after a somewhat harrowing experience at the police station. The police took away my two computers in order to establish the veracity of the claims made against me.

The above explanation was only necessary to explain the background. This now is the purpose of this blog. I have repeatedly requested the return of my two computers, the contents of which has been secured by the prosecutor. He refuses to return them. It is clear to me that as the warrant was issued on the basis of falsehoods knowingly committed by my accuser, was not the taking of my property illegal confiscation?

Is it usual in the Polish justice system that a person can make a false allegation, the accused be arrested and imprisoned without any attempt on the part of the police to establish the veracity of the allegation?

I believe it could be argued that any case brought against me should fail as any evidence against me was illegally obtained. However, that is another discussion. I simply want my property returned, my two computers. I would like to make an appeal to a Polish court to have my property returned, but I am being told that is not possible. I would really be grateful if someone could tell me why I cannot make such an application. Does the Polish legal system have the right to confiscate my property on the basis of a tissue of lies told to the police, refuse to return it and refuse to allow me any right of appeal against its confiscation?

I simply want a Polish court to rule on the legality of the confiscation of my property.

I welcome any replies and comments and thank you for reading my first post.