Defense teams seek to disqualify judge in Nowak corruption case
Defense lawyers for multiple defendants in the high profile corruption inquiry surrounding Sławomir Nowak are pressing to remove Judge Iwona Szymańska from overseeing the trial. They argue that pressure could be exerted on the judge to push for a swift settlement.
The defenders push to exclude the presiding judge
The Warsaw court held an organizational meeting on a case in which the former transport minister is accused of accepting millions in bribes in exchange for helping secure road construction projects in Ukraine. Sławomir Nowak and 14 other defendants did not attend the session, instead being represented by counsel. The lawyers emphasized a commitment to process transparency, allowing media access to the proceedings from the outset.
Typically, organizational consultations set hearing dates, outline the procedural steps, and determine requests. On Tuesday, no dates were fixed. The unique motion came from Marta Lech, attorney for one defendant. Lech requested the exclusion of Judge Szymańska, arguing that the judge could face pressure to decide quickly and that such pressure constitutes grounds for disqualification.
According to PAP, Judge Szymańska had originally scheduled the organizational meeting for late March. After a note from the appeals court, the judge was instructed to reschedule the pre-hearing to no later than the end of January and to hold hearings at least once a month. This guidance effectively moved the deadline forward by two months. A letter from the court vice president in October 2022 also requested monthly updates on the proceedings.
Defense lawyers maintain that the urge to conclude the case rapidly and the insistence on rapid access to trial records amount to improper pressure that could justify removing the judge from the case.
Judicial connections cited as a potential conflict
Another argument from the defense centers on family ties. Judge Szymańska disclosed that her husband is Konrad Szymański, a former European Union minister in the PiS government. The defense contends that such relations could undermine public confidence in the impartiality of the proceedings.
Lech argued that fairness and the integrity of the process require the withdrawal of the arbitrator, not due to conduct in the courtroom but because of personal connections.
Defendants also asserted that the impartiality test could not be properly applied because the rules on impartiality took effect after the charges were filed. They noted that some defendants had not received formal notice of the charges yet, including those in Ukraine, which they say raises questions about whether the trial can proceed.
Prosecutor’s stance on the request
Prosecutor Jan Drelewski disagreed with the defense’s argument, stating that the claims of partiality are misplaced and that a judge can be disqualified only on proven grounds of bias.
Disqualification of a judge can occur when there are legitimate grounds to question impartiality, the prosecutor added.
Ultimately, the start date for the trial was not set, and the defense’s request to appoint a single judge must be reviewed by another judge from the capital’s district court in a timely manner.
Nowak faces 17 charges
In December 2021, the former minister was charged with 17 criminal offenses, including leading and organizing an international criminal group and involvement in influence peddling.
The prosecution alleges that Nowak, while at the helm of the State Motor Road Administration, sought and accepted financial benefits exceeding several million zlotys in exchange for assisting certain entities in securing and implementing public contracts for road renovations in Ukraine.
Additionally, Nowak is accused of money laundering involving millions of zlotys, with allegations covering his time in Prime Minister Donald Tusk’s political circle and in the transport and maritime economy ministry. Prosecutors claim he received substantial bribes in return for helping obtain favorable positions and contracts within state enterprises, including a PLN 760,000 payment for arranging a meeting between a development company and Gdańsk authorities.
The former minister faced detention from mid-2020 to early 2021 and was released after posting a PLN 1 million bail. Besides Nowak, fourteen other individuals will be tried, including three Ukrainians and one Turkish citizen, charged with involvement in an organized crime group, payment of bribes, money laundering, influence peddling, and making false statements.
The case is overseen by a panel of judges, with the proceedings marking a pivotal moment for accountability in high level corruption matters.
Source: wPolityce