The nervous minister could not justify on what basis he tried to dismiss the national prosecutor Dariush Barski from his post. We have obtained records of Adam Bodnar's attempted takeover of the National Prosecutor's Office. Dramatic events took place on Friday evening.
Illegal actions of Minister Bodnar were opposed by the prosecutor with 30 years of experience, Robert Hernand, who was the deputy general prosecutor for 14 years. He held this position after Andrzej Szeremety was appointed Prosecutor General under the PO-PSL government. As an expert in constitutional matters, Hernand represented the prosecution before the Supreme Court and the Constitutional Tribunal. It was he who appealed to the Supreme Court to recognize the validity of the past parliamentary elections.
– How was the new national prosecutor appointed? what decision based on what – Prosecutor Hernand surprised Bodnar with such questions on Friday. The nervous minister hid his shame with a smile. In response, he said that “he was appointed by the decision of Prime Minister Donald Tusk”, adding that the dismissal of the national prosecutor was based on art. 47. This concerned the introduction of the Law “On Public Prosecutor's Office” and the provision that provides for the reinstatement of the prosecutor from retirement to active duty.
– I inform you that your decision is illegal and constitutes a double crime, because this provision has absolutely no scope. A prosecutor could return from retirement to active status at any time. Your decision is illegal and discretionary, so the National Prosecutor is still the National Prosecutor, Robert Hernand firmly stated.
on art. 47 cites the statement of the Ministry of Justice justifying the attempt to deprive Dariusz Barski of his post, who had been retired for some time. According to the information of the Ministry, Barski had the opportunity to return from pension only two months after the adoption of the act, however, the Ministry does not explain by what provision such a period will be established.
The embarrassed minister did not give such an answer to prosecutor Hernand. – We will meet here at the prosecutor's office on Monday. My office is at my disposal, I will use it, said Bodnar as he left. Then the Deputy Prosecutor General Michal Ostrovsky entered Bodnar's office and pointed out that the actions taken were illegal and that there was still time to get out. There was no reaction to these words. Michal Ostrovsky deals with the fight against the most serious economic crimes, including the VAT mafia and wild reprivatization.
In order to justify his attempt to remove the National Prosecutor, in a note later published on the X website, the minister referred to “external legal opinions of recognized experts and legal authorities”. Their authors are Grzegorz Kuča, an employee of the Committee for the Protection of Democracy, Ana Rakovska, a candidate of the Left and Democrats Coalition in the local elections, and Slavomir Patira, a candidate of the Civic Platform of the Ombudsman.
Prosecutor Eva Vrzosek also supports the government's attempt to control the National Prosecutor's Office: – Hasta la vista – she wrote on the X website in the address of the National Prosecutor's Office. His case is being investigated in connection with the transfer of confidential investigation information to the PO candidate for the 2020 presidential elections. Correspondence released by the prosecutor's office shows that he wanted Rafal Trzaszkowski to know that the information was coming from him. The PO politician confirmed at the hearing that he had received them – the then Minister of Justice, Dr. Hubb, announced this in the Sejm in December. Markin Warchol. Although the prosecutor's office requested that Vrzosek's immunity be revoked, the new head of the ministry, Adam Bodnar, appointed him to the Council of General Prosecutors.
Politicians of the “United Right” explain the sudden attempt to remove the prosecutor Barski by starting an investigation into the arrest of Mariusz Kaminski and Maciej Vasik. But an even bigger problem for the new government, prosecutors say unofficially, are dozens of publicly disclosed and unclear investigations involving celebrities linked to the current ruling camp. Taking control of the prosecution can lead to the avoidance of responsibility.
This is how our interlocutors explain the haste of the new government in taking over the prosecutor's office and subsequently humiliating President Duda. according to Art. 14 of the Law “On the Public Prosecutor's Office”, dismissal of the national prosecutor can only be done with the written consent of the President of the Republic of Poland. Minister Bodnar did not ask the President about this. Contrary to the law, he did not ask the head of state for an opinion on the candidate for the new national prosecutor, who was appointed by Jacek Bilewicz, a member of the prosecutor's council of the association Lex Super Omnia, which fiercely fought the current prosecutor's office.
Also read:
Sovereign Poland: Tusk and Bodnar abolished the rule of lawAlso read:
MPs attacked Bodnar: these are illegal actions