On Thursday before the District Court in Warsaw Monika B., Miloslaw K., Justin G. and Gregory C. filed explanation; They refused to answer questions from prosecutors private. With the absent that day b. The head of the Chancellery of the Prime Minister Tomasz Arabian they are accused by the 14 members of the families of the Smolensk disaster. This threatens to 3 years in prison.
Monika B. said the court did not understand why the accused in this case. He revealed that in February this year. terminated her employment relationship under the amendment of the Civil Service.
B. He said the journey on April 10, organized the Chancellery of the President of the Republic of Poland. – The role of the Prime Minister’s Office was limited to enter the Polish Communist Party to demand records and verify that the indicated day no other book – she said. According to her Chancellery transmit information from others about the need to fly to the headquarters of the Air Force, 36th Aviation Regiment and BOR only when they were not notified by the organizer of the flight.
Monika B. stressed that ws . flight on April 10, there were three letters of the Polish Communist Party, because the changed departure time and there was a list of names of the participants.
“Defectiveness action Polish Communist Party officials”
Miloslaw K. declared that the Polish Communist Party was sending information to the Prime Minister’s Office ws. Flights do not meet the formal requirements, because it did not include, among others, passenger lists and landing airports. He added that he was not able to give a running magazine Polish Communist Party ws. Flight on April 10, when there was no such. Passenger list, which did not allow an idea of how the aircraft order.
– None of my actions resulted solely from faulty operations officials Polish Communist Party, who apparently did not know the duties of a trustee flights – said K. court stressed that the CPM “had no instruments to require administrators to fulfill the applicable procedures.”
According to K. Polish Communist Party did not inform the Prime Minister’s Chancellery, the flight on April 10 will be held at the airport Smolensk-North. – Therefore I do not understand why I should make some arrangements for the airport, which I charged “- he said.
According to K.” the case would have been easier, if not disputes between the heads of the office of President and Prime Minister about the the availability of aircraft. “
Justin G. explained that there was no way to verify the card approach Smolensk-North. – Embassy in Moscow was the only relay information – she added.
By Gregory C. (today – employee of Ministry of Foreign Affairs), embassy officials could not “act as censors” of documents received from the competent authorities in Poland, because “it would risk throwing out of work.” he added that there was never doubt about which is the Smolensk airport mentioned in the notes and documents, as the second airport in the city were local in nature, was closed in the 90s and never landed there Polish delegations. “I carried out his duties with due diligence and pragmatics of service” – she said C.
the accused embassy officials testified that the issue of preparation of visits of Prime Minister and President of 7 and 10 April from the embassy headed by Tomasz Turowski.
At the beginning of the hearing, the indictment read the proxy portion of the accusers private attorney. Anna Mazur. In total, the case came close to the 14 victims of the disaster. Arab private prosecutors accused, among others, negligence in the supervision and coordination of the provision of a special military transport for the President of the Republic. B. The head of Prime Minister’s Office accused niepoczynienie findings on the status of the airport in Smolensk, that “the law was not air the airport”, and failure to inform the “authorized services with known him the status of the area, while the status of the airport was important for the safety of the flight and responsibilities of services “.
“The records kept in an inaccurate, unreliable and incomplete”
In addition, the private indictment indicated that the Arabic “failed to provide timely and efficient” circulation of the documents necessary for the proper conduct of the flight.
Also, other officials accused the accusers, among others, lack of understanding on the status of the airport, delays in providing documents and unverified news so. card approach to the airport. – Records of placed orders and flights performed by the Prime Minister’s Office was conducted in a way inaccurate, unreliable and incomplete, making it difficult to coordinate and monitor the performance of special transport – pointed accusers.
Smolensk
Defender applied for acquittal
In its written responses to the indictment made before the start of the process of defense officials have requested the acquittal of their clients. Currently, court hears explanations of the accused at the hearing. They do not admit guilt.
Defender Arabian emphasized in – read by the court – written reply that for ensuring flight safety answer 36. specpułk, and the responsibility of the head of the Prime Minister’s Office was not the choice of either landing site, or determining the status of the airport. He pointed out that there was no relation between the action of the accused, a reduction in the level of flight safety.
In court on Thursday turned up four defendants; Thomas was not Arabic.
The reasons for the absence of the Arabian court are random – he told reporters his defense attorney. Andrzej Bednarczyk. He added that his client has a will “actively participate in the process.”
According to the law, the process can start in the absence of the accused, if it has been properly notified of the hearing.
“spokesman for the rule of law”
Prior to the process joined the Prosecutor’s Office Warsaw-Prague, which in 2014. Finally discontinued the investigation in this case. – To attend the case as a spokesman for the rule of law – the prosecutor told the court. Przemysław Ścibisz.
3 years ago, the Supreme Court stated that in the context of a private prosecution prosecutor rule of law acts as a spokesman (spokesman of public interest or public). In this function, it is full of the possibility of such action, which sought would be to achieve the objectives of the criminal proceedings.
private accusers are close to, among others, Anna Walentynowicz, Bozena Mamontowicz-Łojek, Janusz Kochanowski, Andrew Carrier, Wladyslaw Stasiak, Slawomir Skrzypek, and Zbigniew Wassermann.
Ewa Kochanowska, the widow of the Ombudsman Janusz Kochanowski, says that no matter how complete this process and if the defendants are convicted. What is important is what shows the process – she added – namely “a state of complete collapse ministry officials, which should keep the standards, guided by rules and regulations.” – Regardless of the outcome of the process, this is a serious warning to the multitude of officials. I think it would be a gain of the process – added widow Janusz Kochanowski.
“It will be different attitude in this case”
Proxy part of the family lawyer Stefan Hambura hopes that this day will be forever associated with the moment start to explain the circumstances of the crash. He pointed out that the process began only thanks to the determination of victims’ relatives. Patron Stefan Hambura added that prosecutors bent again over the acts. – I think it will have different attitudes on this issue – he said.
According to lawyer Jack Dubois, representing one of the defendants, there are no grounds to convict anyone. Patron said that the actions of officials can be judged only as “more or less exemplary,” but none of them “out of the realm of legal – criminal.”
Effect of determination families
The basis of the complex in 2014. Private indictment is art. 231 par. 1 of the Criminal Code, which provides for up to 3 years in prison for negligence of a public official. The indictment filed after the prosecutors dropped the investigation over finally. Flight organization president and prime minister to Smolensk. This case is like any normal criminal trial, except that the accuser is the victim, not the prosecutor – because the case is pending with the private prosecution, not the public.
The prosecution felt that even though they were irregularities in flight organization, they can not suffice to bring charges. The investigation found “serious violation” regulations, including manual HEAD 2009. by officials of the Chancellery ws. dispatching special military air transport, but concluded that it did not directly connected with the preparation of visits.
“The result was not a disaster, but” lowering the rank of flight “
They consisted, among others: niewywiązywaniu the obligation to set limits on the disposal of military air transport to the needs of authorized, unreliable record-keeping or unfounded refusal to use military special air transport by the entity authorized to do so. the prosecution estimated that irregularities had no effect as to the safety of visits of the president and the prime minister, resulted in the only “increased activity of other state bodies.”
at the January meeting of the court the prosecution of private lawyers said that the result was not a disaster, but “lowering the rank of flight.” reminded that NIK pointed to serious deficiencies in the organization of this visit, among others. They emphasized that Arabic has not made adequate order to fly the president, according to the instructions HEAD.
defense replicate that letter the office of President to the Prime Minister’s Office ws. flight on April 10 did not meet the conditions of instruction HEAD, as indicated in them in the airport in Smolensk or not specified the number of people who have to fly. Therefore – according to the defense – there was no obligation to give that letter of formal mode. It was also said that you do not need to issue a separate order for the flight, since the same letter the office of President also sent to the command of the Air Force, 36th Air Regiment and BOR. Moreover, Arabic is not he coordinated the organization of the flight based on the instructions HEAD, since much earlier ceded the competence to Monica B.
Obsolete so. card approach does not ensure a safe landing?
By refusing redemption of the case, Judge Hubert Gąsior said that the award by the Arabian attorney Monica B. “was primarily the result that gave B. powers to act this area. ” – The mere fact of granting the power of attorney does not receive Arabski competence, or release him from the duties of coordinator in the instruction HEAD – he added.
Judge Gąsior formulated the main task, which will have to settle a court in the course of the process – the failure to issue a formal order to fly on April 10 by the CPM had an impact on the activities of state institutions in the preparation of the visit of President, including in terms of passenger safety. The judge stressed that the trial must also clarify doubts raised course of events that led to the resignation of the presence of the Tu-154 Russian navigator. The subject of the hearings will also issue so-called outdated. card approach to land in Smolensk, which according to the court “did not ensure a safe landing.”
The case carries three judges, which was justified by the fact that it concerns precedent disasters and complex.
***
April 10, 2010. In Smolensk killed 96 people, including President Lech Kaczynski, his spouse, many high officials and military commanders.
Polish investigation into the April 3 leads the Military District Prosecutor’s Office in Warsaw. She put it charges two controllers flights from Smolensk (not yet managed to them to provide them) and two officers from the disbanded after the crash 36 air regiment.
April 4 investigation will take over the National Prosecutor’s Office with a new team of investigators. Own investigation leads the Russian side that many times stressed that before the end of Poland returns the wreckage of Tu-154 and its “black boxes”.
IAR, PAP, kh
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