Supreme Court Refuses Suspension in High-Profile Case Involving Journalists
The wPolityce.pl portal reported that the Supreme Court did not accept the Attorney General’s request to suspend the execution of the contested judgment. The case, identified by file reference II NSNk 23/23, involves a penalty of 10,000 euros for journalists, a ruling issued by the Warsaw District Court. Although the Supreme Court’s decision does not end the merits of the journalists’ case or the indictment brought by the Attorney General, the ruling leaves open the path for further legal review. The development was noted as part of a broader conversation about press freedom and accountability in Poland.
READ ALSO: OUR NEWS. The Prosecutor General filed an extraordinary appeal with the Supreme Court regarding the sentence against Magdalena Ogórek and Rafał Ziemkiewicz
On 18 August 2023, the Supreme Court declined to suspend the execution of the judgment requested by the Prosecutor General, reiterating that the extraordinary appeal does not automatically pause the disputed sentence (case number II NSNk 23/23).
– this is how the Supreme Court responded to questions raised by the wPolityce.pl portal.
Justification
Judge Maria Szczepaniec concluded that the Prosecutor General failed to provide a proper basis for suspending the sentence. The 10,000 PLN fine was not adequately justified, and there is no indication that the payment would inflict material harm on Magdalena Ogórek or Rafał Ziemkiewicz.
– according to Judge Szczepaniec, the motion to suspend the sentence was largely concise and lacked concrete factual support. The court noted that the Prosecutor General did not detail circumstances showing that the fines would cause a significant financial strain.
– the judge added that excluding the Attorney General’s request to suspend the sentence does not prejudge the merits of the extraordinary complaint or its final resolution at the Supreme Court.
The Supreme Court emphasized that its reading of the motion does not determine the ultimate outcome on the substantive issues of the extraordinary complaint. It indicated that at first glance, the filing does not reveal obvious grounds to grant the suspension of the contested judgment.
– as stated in Judge Szczepaniec’s motivation.
Political Judgments
The case relates to material from the TVP.INFO program “In the Back of Vision” from 2019. Journalists described aggressive behavior by Podleśna and associates, including a confrontation with Magdalena Ogórek outside the TVP building. Ogórek, known for assertive conduct, filed a personal libel suit. Initially, the court stayed proceedings, but the case was later reconsidered, and the judiciary acted swiftly against journalists viewed as hostile by opponents and the so-called “caste.” In December 2022, the court imposed a fine of 10,000 PLN on the publicists, a decision upheld in May 2023 by the Warsaw court in its entirety.
Extraordinary Complaint
The Prosecutor’s Office argued that the courts had committed acts that required closer scrutiny under Article 45(1.1) of the Polish Constitution, which obligates the court to consider all relevant aspects and provide a proper justification. The appellate and district rulings in Warsaw were viewed as potentially arbitrary. The Office also argued that the decisions restricted press freedom and the means of social communication, effectively suppressing critical reporting.
The Attorney General disagreed with the court’s view that the suspects acted to serve their own interests or those of the editors. It was argued that such a claim is illogical because it is difficult to determine what specific interest would be involved, especially given that seasoned journalists, if acting with premeditation, would be aware of potential criminal or civil liability.
– as reported by the National Public Prosecutor’s Office on this site.
The Prosecutor General pointed out that the courts overlooked the principle of individualized criminal liability under Art. 20 kk. The applicant contends that the journalists’ statements should be treated separately, asserting that the court’s suggestion of a preexisting script contradicted practical experience, especially in a dynamic live program with audience participation.
The Prosecutor General requested the annulment of the Warsaw District Court’s judgment and a merits decision by amending the initial verdict and acquitting the defendants of the alleged act.
the prosecutor argued.
UK
Source: wPolityce