The Warsaw District Prosecutor’s Office has filed an appeal with the Poznań District Court against a recent acquittal in a case involving an onstage performance that referenced the archbishop Jędraszewski. The written justification for the Poznań Court’s decision was first published by the portal wPolityce.pl, bringing wider attention to the matter.
Details of the written reasoning have been released publicly, indicating the prosecutor’s concern that the acquittal did not properly reflect the gravity of the acts described in the indictment. The same judge who presided over the case is reported to have acquitted the individual who staged the performance involving simulated murder, raising questions about the boundaries between artistic expression and incitement.
There is an appeal from the prosecutor’s office
A spokeswoman for the Warsaw District Prosecutor’s Office, Aleksandra Skrzyniarz, informed the portal that an appeal was filed with the Poznań District Court on July 29, 2022. The appeal challenges the judgment issued by the Poznań Stare Miasto District Court on June 24, 2022, which acquitted Marek M. of alleged acts including publicly inciting the murder of Archbishop Jędraszewski, as well as accusations of religious hatred and insulting a clergy member for his faith.
The event in question was alleged to have occurred on August 10, 2019, in Poznań.
During a gala described in reports as the “Gay Choice of the Year,” Marek M. appeared in drag and interacted onstage with an inflatable doll bearing a photo of a clergy member. The scene included a performance to music with the lyric “Lola, I killed him,” and featured artificial blood to simulate a murder. The prosecutor emphasized that these elements went beyond mere artistic expression and could be interpreted as a direct act of incitement.
The prosecutor, Aleksandra Skrzyniarz, explained that the verdict relied on a factual account that the office believes misrepresented the evidence and relied on an interpretation of artistic freedom that does not align with the facts of the case.
Planned kill simulation
In the prosecutor’s view, the correct assessment of the material should, by standard of knowledge and reasoning, lead to different conclusions and a conviction. The analysis of the motivation behind the judgment raises concerns that the court focused on aspects that supported acquittal and effectively endorsed the behavior as a form of expression rather than a crime.
The Public Prosecutor suggested that the trial report represented a defense position adopted by the defendant and that the court misjudged the true nature of the incident.
According to the prosecutor, the court relied heavily on the defendant’s account stating that there was no intent to incite hatred and that the conduct was a reaction to the archbishop’s statements made during a mass marking the 75th anniversary of the Warsaw Uprising. The prosecutor argued that this narrative did not reflect objective evidence and should have been weighed differently by the court.
The examination of photographs from the event shows a crowd in a club where the performance appeared staged and calculated, rather than a peaceful artistic display. The prosecutor noted facial expressions and posture that suggested strong negative emotions rather than empathy for the preacher’s message.
Incitement to commit a crime
The prosecutor asserted that the stage act amounted to a call to murder the Archbishop Jędraszewski. The depiction used props such as a knife-like instrument and artificial blood, along with the accompanying song lyrics, were cited as evidence of intent. The use of a preacher’s image in the performance was described as an act that disrespected religious beliefs.
Taken together, the prosecutor argued that the acquittal risked signaling tolerance for aggressive behavior in a democratic state and should be reassessed. The Warsaw District Prosecutor’s Office sought to overturn the decision and have the case returned to the court for reconsideration.
— end of reporting summary.
(Source: wPolityce)