Prosecution on political order?

The “X” platform reported that the Public Prosecutor’s Office has opened an investigation into Jarosław Kaczyński’s “Two Towers” case and the actions to the detriment of Gerald Birgfellner. To recap, it concerns the plans to build luxury office buildings for PLN 1.3 billion on a Warsaw plot of land belonging to the “Srebrna” company, with connections to the Law and Justice Party (PiS) environment. Gerald Birgfellner is an Austrian businessman who was supposed to prepare this investment, but claims that he was not paid for it. He has therefore filed a complaint with the public prosecutor’s office to that effect. However, the District Prosecutor’s Office in Warsaw refused to open an investigation, stating that no crime to the detriment of the businessman was substantiated.

Having considered the aggrieved party’s complaint against such a decision of the public prosecutor, the District Court in Warsaw, in its decision of 7 February 2020, upheld the decision to refuse to open an investigation. It thus ruled that the legal and factual assessment of the case on the part of the Public Prosecutor’s Office was correct. The complaint was examined by Judge Maria Turek of the 8th Criminal Division of the District Court in Warsaw (the division in which Judge Igor Tuleya sits, among others). The Judge was appointed by the President of the Republic of Poland Bronisław Komorowski. She was a signatory of the appeal of the Association of Polish Judges ‘Iustitia’.

Therefore, if it turns out to be true that the investigation was in fact initiated, despite the Court confirmation of the correctness of the Prosecution’s decision to refuse to initiate the investigation of the “Two Towers” case, it is very likely that this was due to an order from the “management” of the Prosecutors Office appointed by the Minister of Justice Adam Bodnar.

Thus, the “depoliticization” of the Public Prosecutor’s Office according to the head of the Ministry of Justice consists in the initiation of an investigation against his political opponents, which had previously been properly closed by investigators from the District Prosecutor’s Office in Warsaw (and confirmed by the District Court).

This topic should have been explored by journalists, especially those, who knew about the opening of the investigation earlier than Gerald Birgfellner’s attorney Roman Giertych, as he himself confirmed in a post on “X”.