There is already a written justification for the bizarre June verdict withdrawing the case closure of Mariusz Kamiński and other former heads of the CBA, convicted at first instance and pardoned by the president. The motivation was published on Monday on the website of the Supreme Court. According to the Supreme Court, the case can be referred back to the court. It is clear from the grounds that the Supreme Court “did not notice” the ruling of the Constitutional Court of 2 June this year. He also doesn’t seem to see the provisions of the constitution, which gives the president the right to pardon anyone, regardless of the agency’s issue.
READ ALSO: WE REVEAL. They pardoned Sawicka and decided to extend the statute of limitations on Przemyk’s case. These judges decided on the case of Wąsik and Kamiński
READ ALSO: The Supreme Court is blind to the ruling of the Constitutional Tribunal! The case of Mariusz Kamiński and other former heads of the CBA was dropped
According to the wPolityce.pl portal, of the three Supreme Court judges considering this case, two of them had previously acquitted Beata Sawicka, repealed the sentences for the judge accused of ties to criminals and dismissed Grzegorz Przemyk’s case considered. murder definitively ruled out. The same judges have now launched a risky legal operation to hunt down PiS politicians.
The Court of First Instance ruled that the actions of the defendants went beyond their powers, acted against public and private interests, as well as the performance of a number of other prohibited acts. However, the opinion given by it was not substantively verified during the assessment by the body
– reminded the Supreme Court in a written statement of more than 30 pages.
Meanwhile – as the Supreme Court stated in this motivation – “such a review was not only legally required, but also desirable from the point of view of the public interest.” “The importance of this case goes far beyond the interests of the defendants and the victims,” emphasized the judges who signed the verdict at the beginning of June this year.
The Supreme Court in the Criminal Chamber on June 6 this year. consisting of three judges – Andrzej Stępka, Piotr Mirek and Małgorzata Gierszon – overturned the March 2016 discontinuation of the case of the former heads of the CBA by the District Court in Warsaw and referred the case to this court for re-examination.
T.K. is right
Meanwhile, four days earlier, the Constitutional Tribunal has ruled in this case. In the event of a dispute over powers between the President of the Republic of Poland and the Supreme Court, the Constitutional Tribunal ruled that the power of clemency is the exclusive and unverifiable power of the President of the Republic of Poland, which has final legal effect, and the Supreme Court has no power to control the exercise of the power of clemency by the president.
What about the panel of judges in the Supreme Court? He decided that the ruling had no legal effect!
Due to the content of this ruling, the Supreme Court is of the opinion that the ruling of the Constitutional Court of 2 June 2019 with regard to the dispute over competences has not produced any legal consequences**
– however, the Supreme Court decided on June 6.
The case has been dragging on for nearly ten years
In March 2015, the Warsaw-Śródmieście District Court at first instance sentenced the former head of the CBA Mariusz Kamiński (today the head of the Ministry of the Interior and Administration) and Maciej Wąsik (then Kamiński’s deputy in the CBA; currently deputy minister of Home Affairs and Administration) to, among other things, 3 years imprisonment for exceeding authority and unlawful management of the CBA during the “country scandal” in 2007. Two other former members of the CBA management were sentenced to prison terms after 2.5 years.
In November 2015, before the District Court in Warsaw examined the appeals, President Andrzej Duda pardoned all four unlawfully convicted persons. In March 2016, the SO overturned the SR’s verdict and, given the President’s clemency, legally discontinued the case. The assistant public prosecutors have lodged an appeal in cassation with the Supreme Court against this judgment of the Supreme Court.
The case was then suspended for a long time at the Supreme Court, due in part to the dispute over powers between the President of the Republic of Poland and the Supreme Court, submitted to the Constitutional Court by the Marshal of the Sejm. Earlier, however – before submitting the jurisdictional dispute to the Constitutional Court – the Supreme Court issued a resolution in May 2017 regarding the issue of the right to a pardon.
At that time, seven Supreme Court judges – in response to a question from the Supreme Court judges investigating the cassation of the former heads of the CBA – decided that the presidential pardon should only be applied to legally convicted persons. The former heads of the CBA have not been legally convicted. “The application of the leniency before the date of the expiry date of the judgment has no procedural effect,” the Supreme Court resolution said.
The above resolution is binding on the Supreme Court in the present case, as a result of which the cassation appeal has been considered and the contested judgment has been quashed
– was stated in the written justification for the decision.
As emphasized in this justification, following the position expressed in the resolution of May 2017, the Supreme Court, in the composition that hears appeals in cassation concerning the former heads of the CBA, has decided that “on the basis of the case under investigation , has not lost its binding force”.
At the same time, the Supreme Court added in the written statement of reasons that in connection with the previously noted submission by the lawyers of Kamiński and Wąsik of statements on the withdrawal of the appeal, it should be noted that these statements have not yet been made, but had no procedural consequences . “The defendants cannot bear the negative consequences of their decisions made on the basis of an act of a public authority that did not produce the procedural consequences stated therein. In the reality of the present case, this must mean that the defendants must be given the opportunity to take a position on the merits of the previously submitted statements, the Supreme Court has concluded.
He also added that “issues remain open for further proceedings” regarding the implementation of the mandate of the Member of Parliament by the defendants Kamiński and Wąsik, which “became valid as a result of the annulment of the judgment under appeal” .
The Supreme Court’s bizarre decision on Ministers Wąsik and Kamiński means that the “caste” of judges does not care about the decisions of the Constitutional Tribunal and the prerogative of the president, which clearly shows that the president had the right to pardon both politicians grant. This is another manifestation of the war declared by the “caste” of judges against the democratically appointed authority in Poland.
PAP, WB
Source: wPolityce