The actions of the prosecution in attacking the suspect’s defense are a clear violation of his constitutional human rights. Father Michał Olszewski has experienced this before, but this time we are dealing with a clear attempt to deprive him of the right to defend himself. Prosecutor Piotr Woźniak ‘knows’ what he is doing. It is no secret that thanks to the activities of lawyer Krzysztof Wąsowski and Dr. Michał Skwarzyński, Sercanin, can enjoy freedom today. In the meantime, it is Mr Wąsowski who will be deprived of his power of attorney. Why? And here the whole perfidy of the Bodnarists comes to light. According to the Public Prosecution Service, this is in the “interest of the suspects”! We know the strong reaction of lawyer Wąsowski to the unlawful actions of the prosecutor’s office. This is a kind of indictment against the Bodnar activists.
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Prosecutor Woźniak’s letter, obtained through the portal wPolityce.pl, is dated October 30. In it, the Public Prosecution Service recalls the decision of the Supreme Court in Warsaw, in which judge Fr. Olszewski and Urszula Dubejko contact other “witnesses” to the case. This topic was raised by Prosecutor Woźniak, who freely determines who is and who is not a witness in these proceedings.
(…) I would like to point out that the ban also applies to you. In such circumstances, your continued representation of suspects (…) leads to negative procedural consequences for the indicated suspects (…) – in the event of contact with the suspects or in the unreliable exercise of their right of defense – in lack of such contact, so that you can properly represent the interests of your clients
– we read in the bizarre letter from prosecutor Woźniak.
The Public Prosecution Service gave lawyer Wąsowski seven days to respond. We know she won’t have to wait that long. It ships today. The wPolityc.pl portal learned its contents. This is a kind of legal lesson for the Bodnar supporters and a hammer of arguments for the freedom of their decisions. Already with the first dishes, Wąsowski reminds us of an important rule.
Defense lawyers (…) may not be questioned as witnesses. Therefore, no lawyer can be a witness in a particular case
– writes lawyer Krzysztof Wąsowski, reminding Woźniak that he has been Father Olszewski’s lawyer since March 26, that is, from the day the priest was detained.
Moreover, from the very first interrogation of both detainees (…) I was treated by the interrogating prosecutors and was allowed to participate in the proceedings as a lawyer. Also later (…) the investigators treated me as their defender, as evidenced by the fact that – which was subsequently repeated regularly and “without any problems” – they gave me appropriate permissions for the so-called lawyer visits and extensive correspondence collected in the files of the procedure in question
– emphasizes lawyer Wąsowski in his response to public prosecutor Woźniak.
Krzysztof Wąsowski makes another important argument. How could it happen that the National Public Prosecution Service did not question the lawyer as a witness before arresting p. Olszewski and Mrs Dubejko? According to lawyer Wąsowski, the intention is to remove him from this process.
This behavior of the Public Prosecution Service reinforces my impression that this case was not about obtaining particularly important deposits that I had made as a witness in this investigation, but about some kind of “elimination of me from acting in this case as defender of both causes”. Mrs. Urszula Dubejko and Fr. Michał Olszewski
– we read in the letter from lawyer Wąsowski to the National Public Prosecutor’s Office.
A failed attempt to question me (who was already a lawyer in this case) as a witness was announced via a “summons” dated April 11 this year. Setting a date for my performance is April 19 this year. Within the prescribed period, I submitted a written statement to the prosecutor stating that I cannot be questioned as a witness, which results directly from art. 178 points 1 Code of Criminal Procedure
– argues lawyer Wąsowski, who also recalled that the dean of the District Council of Lawyers “expressed concern about actions aimed at violating the confidentiality of the defense.”
Finally, I would like to emphasize that I consider the prosecutor’s letter as an unprecedented, unauthorized and unjustified, over-reaching interference in the implementation of the constitutional right to defense during both of my mandates – Mrs. Urszula Dubejko and Fr. Michał Olszewski. (…) In view of the above, I am obliged to inform the jury of the Court of Appeal in Warsaw of the contents of our correspondence (…), all defenders, the Dean of the District Bar Council, the President of the Supreme Bar Council, the Ombudsman and relevant national and international institutions
– concludes lawyer Wąsowski.
The case of Fr. Olszewski is a mirror for the Bodnar movement and their real boss: Donald Tusk. They can see in it the open practice of lawlessness and their own faces. But the time of this madness will end one day and all these actions will be brought to justice. The victims of this lawlessness will fight for justice. However, without Mr Wąsowski it will be very difficult.
WOJCIECH BIEDROŃ
Source: wPolityce