Article Summary:

How a Polish entrepreneur in Ubekistan (also known as PRL-bis or III RP) was deceived, and destroyed ...

It is hard to believe
or the last degree of degeneration of public life
/ part VI /

By Rafal Klimuszko

The court executive officer from the Świebodzin District Court was acquitted very quickly. The prosecutors discontinued of legal proceedings. It was pronounced that the bailiff "believed" the legal counsel - Jacek Matyla, so he was not responsible for anything. Why the Polish prosecutors did not order to prosecute the company’s owner? The legal counsel Jacek Matyla was only the company’s representative. In addition the District Prosecutor's Office in Żary established a new world record. Mr. Adam was told about the initiation of an investigation against the bailiff on December 21, 2007 simultaneously the same investgation was discontinued on December 19, 2007. Post communistic Poland is a country of miracles!

A vicious circle and playing for time

Mr. Adam noticed of an offence in Cracow, where he lived before going to the U.S. The Regional Prosecutor's Office in Cracow sent the documents to the District Prosecutor's Office in Świebodzin but it refused to deal with this case. District Prosecutor's Office of Świebodzin forwarded the notice of an offense to Zielona Gora. Regional Prosecutor's Office of Zielona Gora sent the notice of an offense back to Cracow. Then Regional Prosecutor’s Office of Cracow sent a notice of an offense to Leszno. Regional Prosecutor's Office of Leszno forwarded the case to the Regional Prosecutor's Office in Poznan. Finally, the prosecutor from Poznan appointed to deal with this case the District Prosecutor's Office of Chodzież and indicated the name of the prosecutor responsible for it. This is how the cycle of migration of the notice of an offense against the solicitor Matyla ended. During this vicious circle 7 prosecutor's offices refused to deal with the case.
They played for time expecting that the case would become statute-barred. However, Mr. Adam was persistent and sent by his lawyer complaints about the laziness of the officials and finally instituted legal proceedings.

Prosecutor’s escalation of the absurd

Ms. prosecutor interrogated the legal counsel and concluded that Mr. Matyla was not guilty and he acted in good faith. He just believed in the rumors and there was no evidence that the counsellor Matyla deliberately tried to harm Mr. Adam.

There are a lot of records of Polish Criminal Code, which prosecutor had to consider in such case . One of the articles relates to attestation of an untruth (penalty of deprivation of liberty up top 3 years), another article concerns the so-called crimes committed by the officials, which also applies to persons engaged in the professions of public confidence. Public officer who fails his / her duties or exceed its powers to the detriment of private or public interests is punishable by deprivation of liberty up to 5 years.
Did the legal counsel and the bailiff ask the Polish Census Bureau Office whether Adam Kierczyński was really dead? Why they did not ask the Polish General Consulate in Chicago, whether Adam Kierczyński, U.S. citizen, is alive or not? The legal counsel Matyla knew Mr. Adam’s American address because of the statements that were attached to the file of his case. The legal counsel and the court executive officer proved their lack of professionalism and violated the Polish law.

The prosecutor in the District Chodzież stubbornly insisted on Jacek Matyla’s innocence. In the meantime the Colleague Board of Legal Advisers acquitted Matyla from the charges and stressed that his opinion was based on information obtained from officials of the city Świebodzin. Unfortunately they forgot to ask about the specific names and any personal data.
In Poland you can appeal from a decision of the District Prosecutor's Office to higher instance - the  Regional Prosecutor's Office, what Mr. Adam did. Unfortunately the Regional Prosecutor maintained all the decisions of the lower instance (District Prosecutor's).
The prosecuting authorities were tendentiousness, biased and arrogant. In Poland if you are an ordinary man, not the member of a postcommunist clique the authorities will destroy you. During the period of communist regime in Poland, the main task for prosecutors was to defend communism and communistic nomenclature. Nomenclature was consisting of both party and communistic state official, including courts and bailiffs. Nothing had changed…

The judicial finale

 Mr. Adam appeal against the decision of the Prosecutor's Office to a District court in Chodzież. The court accepted the complaint, kept it for seven months and afterwards sent the case to court in Leszno.
On December 12, 2008, the District Court in Leszno finally closing the case / Sygn. Act II Kp 146/06 / sustained the decisions of both Prosecutor's Offices, officially stating that killing the U.S. citizen in order to dispossess money owed him by the unfair company is not a prohibited act. Bailiff and counselor Matyla didn’t do anything wrong! To kill American citizen (to kill “on the paper” of course) in order to dispossess money owed him – had become a legal!

The sentence from December 2008 closed officially Mr. Adam’s Polish litigation.

Mr. Kierczyński informed the Minister of Justice - Zbigniew Ziobro about all the scandalous abuses of the prosecutors. Unfortunately, neither Mr. Ziobro nor the next Minister of Justice - Mr. Ćwiąkalski never responded to that letter. 

Unknown threads

Mr. Adam Kierczyński was aware that all possibilities of action in Poland ended. He turned to a respected and excellent American attorney who gladly had taken his case. We will hear about Mr. Adam and his unprecedented case really soon. Let us not forget that this American citizen of Polish descent collected impressive archives, 5,278 pages of documents and many photographs, recordings of conversations which are great evidence.