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

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