Elbląg territory Court dismissed proceedings against a Suwałk justice who was accused of driving drunk. The court found that no prosecution licence was required in the case. The conviction is final. The Elbląg territory Court's decision to discontinue proceedings against a Suwałk justice who was accused of driving drunk will surely rise much controversy. Although the judgement is final, many may have doubts about the fairness of this decision.
The incidental in which the justice caused a traffic collision while under the influence of alcohol seems to be a serious offense, especially given the position he has in society. The judgement of the territory Court of Ostróda, although it imposed fines and a ban on driving, seems to be comparatively mild compared to the prosecutor's demands.
The demands of the National Prosecutor on a more severe punishment, including imprisonment, arise from the belief that adequate consequence to the crime is essential to deter akin acts and to defend society from possible dangers.
The Elbląg territory Court's decision to discontinue proceedings may undermine public assurance in the judicial system, especially if it appears to be linked to the deficiency of the requisite prosecution permit. This may rise questions about the fairness of the judicial process and equality before the law.
In the case of specified controversial decisions, it is crucial that judicial procedures are transparent and well-founded to guarantee the public a sense of justice and equality before the law.
According to Elbląg territory Court spokesman, Tomasz Koronowski, Elbląg territory Court, having examined the appeal, annulled the contested ruling of the Ostród territory Court and concluded criminal proceedings against the accused, Waldemar M., charging the State Treasury with the costs of the trial.
According to SO spokesperson in Elbląg, ‘the ruling of the territory Court present was based on the uncovering that the case was not subject to the requisite prosecution permit’. "This judgement is final, but there are extraordinary remedies for it, recognised by the ultimate Court, in the form of cassation and an exceptional complaint," he added.
Waldemar M. served as president of the Criminal Division of the Suwałki territory Court, but after the incidental he resigned from this function and was suspended in service activities. The trial, initially conducted by the Augustów territory Court, however, was transferred to the Giżyck territory Court, as the president of the Augustów Court is his wife, which prompted all judges of the criminal department to apply for exclusion from the proceedings.
Nevertheless, the judges of the Giżyck territory Court besides refused to regulation on the matter, which led to its transfer to the Ostród territory Court. Applications to exclude judges from that court were besides taken into account, resulting in the referral of the case to another court.
Waldemar M. avoided appearing at trial at the territory Court in Ostróda for more than 2.5 years, presenting medical exemptions or proposing a change of court time. Meanwhile, he retired.
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The dimension of lawlessness. Scandalous decision to dismiss the criminal case of a drunk justice from Suwałk
