“MPs from Sovereign Poland have filed a notification with the Prosecutor General about the commission of a crime by prosecutors, headed by Adam Bodnar himself. Michał Woś, MP from Sovereign Poland and former Deputy Minister of Justice, informed the Sejm today.
On Wednesday, the parliamentary rules committee will consider the request of the national prosecutor for permission to hold former deputy head of the Ministry of Justice, politician of sovereign Poland and member of the PiS club, Michał Woś, criminally liable. The request concerns, among other things: spending money for the purchase of Pegasus software from the Justice Fund.
According to the former deputy head of the Justice Department, this commission “will be devastating for Attorney General Adam Bodnar, the neo-prosecutors, and for the current administration, which uses the prosecution for political attacks on the opposition.”
Woś: Prosecutors have withheld very important information
Woś informed that the members of Sovereign Poland had submitted a report to the Attorney General about the commission of a crime by prosecutors, led by Adam Bodnar himself and the First Deputy of the Attorney General Dariusz Korneluk.
He said that the application also concerns the commission of a crime by the prosecutors of the investigative team of the National Prosecutor’s Office – which deals with irregularities in the functioning of the FS – Marzena Kowalska, Piotr Woźniak, Marcin Wielgomas and Ryszard Pękała. It was this team that submitted a request to the Sejm to lift Woś’s immunity.
They accuse me that the CBA has obtained a financial advantage through financing from public funds and that I have acted in this way at the expense of the public interest.
– said the MP.
As he explained, Sovereign Poland’s application concerns prosecutors exceeding their powers. According to Woś, the prosecutors he named “hid very important information from the Sejm and misled everyone.”
They based the entire request to waive immunity on the claim that the CBA could not be financed from sources other than the state budget. This is supposedly art. 4 Section 1 of the Central Anti-Corruption Bureau Act. However, the prosecutors have concealed the fact, which is known to them – and which is contained in the files – that the existence of the legal opinion of the Supreme Court of Audit of 26 March 2018.
– explained the politician. As he noted, this opinion was prepared by the Legal and Audit Jurisprudence Department of the Supreme Court of Audit, “probably at the request of the then head of the Supreme Court of Audit, Krzysztof Kwiatkowski.”
““NIK knew it, Mr. Kwiatkowski knew it”
Woś quoted what in his opinion was the most important fragment of this opinion, namely the interpretation of the above-mentioned article.
If other sources, other than the Central Anti-Corruption Bureau Act, provided for the possibility of financing the activities of the Central Anti-Corruption Bureau, for example from a special fund, this would be permitted.
– he quoted.
The former deputy head of the Ministry of Justice emphasized that Article 4(1) 1 of the Law on the CBA, which reads: “the activities of the CBA are financed from the state budget” does not contain the word “exclusively”.
Only there, as with all other services and institutions, is it indicated that it is financed from the state budget
– he said.
NIK knew about it and Mr Kwiatkowski knew when he started this political storm that the entire accusation was based on this false premise. So we are clearly dealing with abuse of rights, abuse of power, a crime and misleading the Sejm.
– Woś explained.
The politician added that he had asked the Attorney General to provide information on what categories of crimes have been committed by people traced using the Pegasus software since 2017. As he said, this applies to 576 criminals: murderers, spies, organized crime groups, traffickers, etc.
Between 2015 and 2017 it was not possible to exercise operational control over people using encrypted instant messengers, but after 2017 it became possible
– he said.
As the MP said, he has not received a response from Bodnar, so he met with President Andrzej Duda last week. Woś informed that the Chancellery of the President of the Republic of Poland “sent an inquiry to the Attorney General to inform public opinion and the KPRP about the damage to the public interest that the Polish state had instruments to catch criminals “, he said. .
Motion to waive immunity
The proposal to lift Woś’s immunity was submitted to the Sejm at the end of May. It is related to the investigation by the National Public Prosecutor’s Office into the expenditure of money for the purchase of Pegasus-like software from the Justice Fund, as well as the expenditure of public funds for the purchase of a license to use the Pegasus system.
In 2017-2018, Woś was deputy head of the Ministry of Justice in the United Right government. He was authorized by the then Minister of Justice Zbigniew Ziobro to act as administrator of the Justice Fund. In September 2017, Woś submitted an application to the Ministry of Finance to amend the financial plan of the Justice Fund. The amount of PLN 25 million was transferred to the Central Anti-Corruption Bureau and was used to purchase the Pegasus system.
Pursuant to the Act on the Exercise of the Mandate of a Deputy and Senator, the Committee on Rules, Parliamentary Affairs and Immunity, after examining the case, adopts a report together with a proposal to accept or reject the application . The Sejm agrees to hold a deputy criminally liable by an absolute majority vote of the legal number of deputies. Failure to obtain the required majority of votes means passing a resolution not to agree to criminal liability.
Woś: Sooner or later they will answer
MP Woś also announced the report on the X platform.
A crime report has been filed by neo-prosecution comrades!
– He wrote.
Sooner or later they will be responsible for a motion submitted to the Sejm for political purposes. They accuse me of giving the CBA a financial advantage (legal financing from the Ministry of Justice), which I did at the expense of the public interest, because the Polish state was no longer deaf and blind to criminals. They based the entire accusation on the interpretation of the law on the Central Anti-Corruption Bureau, which supposedly shows that the Central Anti-Corruption Bureau can be financed “only” from the state budget. Meanwhile, the law does not contain the word “only” and there is no doubt that the State Fund for Special Purposes could have provided financing
– emphasized the former deputy head of the Ministry of Justice, citing the opinion of the Supreme Court of Audit:
This was even indicated by the Legal Department of the Supreme Court of Audit in its opinion of March 26, 2018: “If other laws (than the Law on the Central Anti-Corruption Bureau) provided for the possibility of, for example, financing the activities of this agency from a target fund, it be allowed” (‼️)
The existence of this opinion (it is in the files of the proceedings, which was confirmed to me in a letter from the prosecutor’s office) was hidden from the Sejm by the petitioners of the motion! They misled the Sejm because they did not meet the tenet of the politically motivated accusation
– paid attention.
“They are prosecuting me on trumped up charges.”
In the meantime, art. 43 pair 8 point 1c: The resources of the Fund are allocated for the implementation by public financial sector units of statutory tasks relating to (…) the detection and prevention of crime. The then President of the Supreme Court of Auditors, K. Kwiatkowski, was also aware of it and said in the Sejm that he had not informed the Public Prosecution Service in 2018 because “the legality criterion had not been violated” – i.e. the financing was legal.
– wrote Michał Woś.
They pursue me with trumped-up charges, because motorists need emotions, first before the local elections (investigation of the Internal Security Service), and then before the European elections (application for immunity) – this is the only explanation. No honest lawyer or prosecutor would make such a request. And the dishonest will be held accountable for politicizing the prosecution
– summarized the parliamentarian of sovereign Poland.
aja/PAP, X
Source: wPolityce