“In order to effectively dismiss prosecutor Dariusz Barski, the consent of the President of the Republic of Poland is required. Only then will we be dealing with a vacant position of the National Prosecutor and such a position must be filled immediately,” said Prosecutor Michał Ostrowski, Deputy Prosecutor General, in an interview with the portal wPolityce.pl.
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wPolityce.pl: How did you experience the “appointment” of Mr. Dariusz Korneluk to the position of National Prosecutor?
Proc. Michael Ostrowski: The appointment of Mr Korneluk is the same as the appointment of Mr Jacek Bilewicz as “acting” Attorney General. It’s a simple “swap” when it comes to names. This happened against the law. The position of National Prosecutor is filled by Dariusz Barski.
Meanwhile, Mr. Adam Bodnar claims that Mr. Barski is no longer the national prosecutor.
In order to effectively dismiss prosecutor Dariusz Barski, the consent of the President of the Republic of Poland is required. Only then will the position of National Prosecutor be vacant and such a position must be appointed immediately. The new head of the PK is chosen from the prosecutors of the National Public Prosecutor’s Office. As for Prosecutor Bilewicz, the case was simpler, because he was already a prosecutor of the PK – Prosecutor Barski asked for his appointment (already after the elections, and before Bodnar’s attack on the PK in January 2012 – ed.). However, he was illegally entrusted with PK duties. Currently, this situation is getting worse. Prosecutor Korneluk was not actually appointed as PK prosecutor, because it was not the legal national prosecutor Dariusz Barski who requested it, but prosecutor Bilewicz.
What are the dangers of this situation? After all, Prosecutor Korneluk will make decisions with legal flaws. Illegal.
These decisions will be challenged by the parties’ lawyers.
Courts can also challenge such decisions.
Ex officio or at the request of representatives.
Are we in danger of paralyzing the public prosecutor’s office?
Unfortunately, yes.
In your recent statement we read about the activities of the Internal Security Service at the National Public Prosecutor’s Office.
Although my knowledge is limited, it is confirmed by two independent sources that these activities took place. I just assume it’s about the “Hermes” program. This is an unprecedented situation. Not since the early 1990s has there been a situation in which officials from the Bureau of State Protection or, as is now the case, Homeland Security, conducted such activities in such a ostentatious manner.
On Monday you will return from the forced leave imposed on you by Adam Bodnar. Will you appear at the public prosecutor’s office?
I will not be present in the PK building on Monday. It’s not that I don’t work. I look forward to speaking with the Attorney General, Mr. Adam Bodnar, about the scope of my activities, what he expects and how he plans to use my work and experience to date. I am not going to stand in the National Public Prosecutor’s Office building and apply for an access card and then sit in my office and be told that I sit there and “do nothing”. I cannot agree to such rules.
WB
Source: wPolityce