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.
Who is right and who is wrong would be my first question? I just wonder if the judge dealing with your case has ever asked himself this question… Just on the basis of evidence and tracing all facts and events from your case it seems to be quite obvious that he didn’t ask himself this question. It is also quite obvious that you are innocent. Your story reminds me of a movie and it also reminds me of Poland before 1989. It is rather painful and so sad to think that in post-communist Poland such things happen. I do have no answers for you regarding legal issues because I cannot find any explanation except stating that the way Polish justice treated you is illegal and does not care about goodness, truth and righteousness at all. I suppose people who are living in fear who are high up in the system will do anything to protect themselves and their position, even if that means destroying somebody’s life. Your story reveals the condition of system but also condition of Polish society. Thousands of people died for my country and were fighting to regain freedom but I suppose they did not expect that the next generation would be easily corrupted and will give up freedom and give up democracy. I do understand you frustration, pain and I do hope that there will be people who will stand on your side to fight for justice and truth.
ReplyDeleteWhen I think about your polish law nightmare I’m really scared. I feel shame about the country I leave and his reputed justice. And also one of the most terrible thing is as follows: Your history can be our history some day... Because we can start to be a gate for somebody who have power and justice on this person side.
ReplyDelete