The 2017 accident case of Prime Minister Beata Szydło remains 1 of the most controversial events in Polish public life. A fresh study by the National Prosecutor's Office reveals new, shocking details of the investigation, which raised serious doubts from the beginning.
Controversial actions of prosecutors and police
According to the report, the charge against Sebastian Kościelnik, the seicient driver, was formulated 7 hours after the accident. Investigators relied solely on the evidence of government safety officers (BOR) who claimed that the government's vehicle column had sound and light signals on. However, in December 2021, a erstwhile BOR officer, Peter Friday, revealed that these signals were not active, which undermines the officer's version.
The study besides criticises interrogation methods. The police officer conducting them copied the statements of BOR officers, indicating their schematicity and deficiency of objectivity. Police were besides expected to hold the safety of surveillance and interrogation of key witnesses, specified as those from the AA club close the scene of the accident.
Pressures on prosecutors
The study reveals that the charges were initially considered against BOR officers. However, annotation in the case files indicates that the option is ‘to eliminate’. The investigating squad was disbanded by prosecutor Rafał Babiński, who himself directed the indictment against Kościelnik.
Court decisions and fresh facts
In 2020, the territory Court in Oświęcim recognised Kościelnik's fault, indicating that the accident was caused by a plexus of 2 situations: a turn manoeuvre performed by a seicient driver and behaviour of government column drivers. The conviction was maintained by the Kraków territory Court in 2023, although attention was paid to the contribution to the accident of a multivan driver from a column that did not usage sound signals.
Is there any chance of reopening the investigation?
Prof. Zbigniew Ćwiąkalski stresses that the reopening of proceedings requires the presentation of fresh evidence which was not previously known to the court. However, the study points to many irregularities, specified as the deficiency of access of the defender to applicable papers which are exclusively in the handwritten files. Counselor Władysław Pociej, the protector of Kościelnik, believes that revealed irregularities may be the basis for repealing the sentence.
Legal Perspectives
Lawyers are divided in assessing the anticipation of reopening the case. any argue that procedural violations are besides serious to be ignored, others point out that it is highly hard to resume proceedings under the law. The National Prosecutor's Office is presently examining whether there is simply a basis for submitting a request for reopening proceedings in accordance with Article 540(1) of the Code of Criminal Procedure.
Conclusion
The published study sheds fresh light on the scene of the investigation into the accident of Beata Szydło. many procedural shortcomings and deficiency of transparency rise questions about the objectivity of law enforcement and justice. Is the fresh facts adequate to decision judgment? The answer will inactive gotta wait, but the information disclosed will surely influence further public and legal debate.
Read more:
Shocking findings on Beata Szydło's accident. Can the driver's responsibility be undermined?