Monday 5 August 2013

UPDATED 3/18 What Prokipczak did illegally, his false notes, corruption of the investigation into Piotrs death, and worse


I have gone into great detail in a previous post on Polish Law, (click here to read: http://piotrmchalepiotrprokipczak.blogspot.com/2013/07/prokipczak-breaks-law-and-violates-his.html )

and how it is supposed to be applied to what might be termed a "suspicious death", the procedures that must be followed by the State Forensic pathologist, the Prosecution service and so on, resulting from a situation where that Pathologist is initially carrying out an "Administrative post-mortem" (APM) , and if, during that Administrative post-mortem, the Pathologists makes discoveries that lead him/her to suspect that the death may not have resulted from natural causes, but rather the death may have resulted from a criminal act.
In this situation, the Law demands that the Pathologist immediately suspend the Administrative post-mortem.
He/she must immediately contact the local Prosecutors office, inform it of his/her concerns, and the Administrative post-mortem is now immediately ended, with a "Prosecutors post-mortem" replacing it. However, this can happen when, and only when, either a Prosecutor or Judge is physically present for the procedure.
The legal designation is, as I said, altered, from "Administrative post-mortem" to a "Prosecutors post-mortem".
The law has very different, and specific legal requirements, for the performance of the latter, as opposed to the former. The first, and most obvious of these requirements, is the absolute legal requirement for either a Prosecutor or Judge to be present during this "Prosecutors post-mortem".
I labour this point, simply because it is absolutely crucial to understanding what went on following Piotrs brutal death.

However, none of these legal requirements were enforced, adhered to, or respected on the 31st March 2009 when my son Piotrs body was subjected to the Post-mortem. The Prosecution service ignored the Law, the Police ignored the law and issued unlawful orders, and Prokipczak wandered into a "Prosecutors post-mortem" without any legal, statutory, or Constitutional right to do so.......................I will explain:

The (State) Forensic Pathologist, Dr Henryk Boloz, initiated the "Administrative post-mortem" , but, when examining Piotr, he found his injuries to be so appalling, so brutal and extensive, that he quickly realised that his death was not in any way attributable to natural causes.
He therefore, and absolutely correctly, and just as the Law demands, immediately informed Gorlice Prosecutors Office of his serious concerns as to how my son Piotr had died.

Now, given my explanation (both here and in the linked post) of the Law in this situation, a reasonable person would think that once Gorlice Prosecutors office had been contacted by Dr Boloz, that a Prosecutor would have been sent to the Hospital,to attend the........Prosecutors post-mortem. 
Sadly, I, at this point, have to say that a reasonable person would be entirely incorrect, for this is Poland !

Gorlice Prosecutors office did not follow the Law, duty and responsibility were ignored, and a phone call was made to Gorlice Police Station instead........

There, a genius by the name of K. Tybor, (who gloried in the title of no less than :
"Senior Commissioner K. Tybor, Head of the Criminal Department of Police Headquarters in Gorlice"
sorry, I had to give more than a full line to his esteemed title, lest anyone fails to realise how important he is), issued an order to Prokipczak to attend the Prosecutors Post-mortem.

So, within an hour of Dr Boloz following the Law, and contacting Gorlice Prosecutors Office, that same Prosecutors Office had violated Polish Law, ignored its legal responsibilities, ignored its sworn duty, and contaminated the Prosecutors post-mortem in legal terms.
A Prosecutor (one hopes) would know what questions to ask the Pathologist during the Prosecutors post-mortem, would be in a position to seek information, would be in a position to clarify any findings when they were fresh in the Pathologists mind, and would know what must be preserved for any future evidential value.
Prokipczak knew none of these things, he wasn't educated to attend a Prosecutors post-mortem, he wasn't legally permitted to attend a Prosecutors post-mortem, he was totally unqualified to attend a Prosecutors post-mortem.....but, despite all of these facts, Tybor (he of the impressive title) issued an unlawful order to Prokipczak to attend the Prosecutors post-mortem, he issued this unlawful order knowingly, intentionally and in doing so went beyond any legal authority he had as a Police Officer.

This was not a very promising start into the so-called "investigation" (for there was none) into the brutal death of my innocent son Piotr. Sadly, this turns out to be about par for the course for Gorlice Prosecutors Office and Police, it is the standard of behaviour that I have encountered many many times over the past 9 years, and even worse, is by no means the measure of the depths that they can plunge, even worse was to follow. Respecting the Law, adhering to the Law, doing their duty, respecting the rights of victims, granting those rights to victims, not a lot of that happens in Gorlice in my experience, quite the opposite in fact.

So, in any event, on that day, Gorlice prosecutors failed in their sworn duty, Tybor issued an unlawful order, and Prokipczak went on his merry way to further violate the Law, create false information and include it in Official Police records (bear with me, I will show it) , and by his very presence, corrupted the Prosecutors Post-mortem, and indeed the course of the so-called Investigation into Piotrs brutal death.

What happened at the Hospital? How did Prokipczal break the Law? What did he falsely state in his Offical Police note?
How about I tell you in full, not in my words, but in his own? Much better I think.
I will do this by posting a certified translation of Prokipczaks Official Police note, as written by him on that day. This translation I obtained from a Polish Govt. Department of Justice licensed interpreter, in October 2013, some 4 and a half years after the event..well hidden from me for a long time........so the accuracy of this translation cannot be queried or questioned. I will try to locate a copy of the original Polish version I have somewhere in my possession, and post it later.

I have numbered (1-30) every sentence that Prokipczal wrote in his note, and here I refer to some of them, to give you an idea of the lies, and attempts to hide the truth, that were later told to me about that day, by Komendant Gawlik of Gorlice Police, when I questioned these things.

1/.
Prokipczak (sentence 1* and sentence 3*)
"Today at about 13.30 - following the order of the Head of the Criminal Department of the Police Headquarters in Gorlice, Senior Commissioner K. Tybor, **I went with Maciej Moson - specialist in crime investigation techniques*, **to the dissecting room of the specialist Hospital in Gorlice. **There I met the specialist performing the examination, Doctor of Forensic Medicine, Dr Henryk Boloz".

I pose you, reader a couple of questions to mull over until later in this post, given what you know about the Polish Law, "Administrative" versus "Prosecutors post-mortem" and so on....
A/.
Why do you think a "specialist in Crime Investigation techniques" would be present at a "Prosecutors post-mortem? (I know, easy answer, but ....)
B/.
But, Why do you think a "specialist in Crime Investigation techniques" would be present at an "Administrative post-mortem" which takes place only when there is no suspicion of a crime? (See? This one is harder to figure out, right? Makes no sense at all, completely ridiculous idea....bear with me...I will explain why you are right, it is ridiculous, nonsensical, and completely stupid to claim that there is any situation where this could legally occur, else the Police in Poland would attend every post-mortem that occurs in Poland, irrespective of its title, and thus no Pathologist would ever have to contact any Prosecutors office, ever......hmmmmmm, that would result in some 404,000 post-mortems per year that required Specialists in criminal investigations to attend, some 1100 per day....based on 2017 mortality figures in Poland......don't think so.......
C/.
**I went......to the dissecting room.....there I met....." 
Trust me, this is as simple in the original Polish as it is in English, no room for doubt, no room for confusion or misunderstanding- simple and to the point......?
Nope, not in the world that Prokipczak and Kom Gawlik inhabit........

When I wrote to Gawlik about this illegality, (see below), in his response he told me that Prokipczak had NOT gone into the dissection room at all, he had merely wandered around in a corridor somewhere...(I kid you not!).....but, what of the note? Eh, nothing.......


2/.
Prokipczak (sentence 2)
Here he refers to an "administrative post-mortem" being carried out at the Hospital by Dr Boloz.

It was not an Adminsitrative post-mortem, it was a Prosecutors post-mortem, else why did Dr Boloz contact Gorlice prosecutors Office?
Why did Gorlice contact Gorlice Police?
Why did a specialist in crime investigation techniques attend?
Why was Prokipczak there at all?
Why did Tybor order him (unlawfully either way) to attend?

This was simply not true as written by Prokipczak, but was repeated as the same lie to me by Gawlik much later when I found out about this illegality. Bear with me, I will explain later in this post.

3/.
Prokipczak (sentence 13* and 19*)
"I obtained the above information from the patients file* and from the interview with the Head of Gynacology and Obstetrics Dept. , Dr Borys Welz. Detailed medical documentation concerning Oliwia Oleksyk will be made available at the Prosecutors request"

a)
Under Polish Law, it requires either the Police or Prosecutor to obtain from a Court, an order, approved and signed by a Judge, to permit any Doctor to discuss their patient, their medical care, in fact anything to do with their patient, without that judicial order, a Doctor is bound by patient confidentiality.
However, seems like Prokipczak, and indeed Dr Welz, decided to both ignore the law, patient confidentiality, and their own oaths on this day- impressive!

b)
Under Polish law, a Prosecutor may request, in writing, access to a patients medical records, from their treating physician, which will then be provided by the Physician. (No Court order is required- and no, I have no idea how this can be understood in a democracy).
However, Prokipczak (at 20*) very kindly informs of this fact, while at the same time (at 13* in the same document) informs us that : "I obtained the above information from the patients file....."
So, once again, Prokipczak violated the Law on this day, in yet another way.
So, being there illegally, going into a dissecting room illegally, illegally reading through a patients Medical file, illegally interviewing a Medical Doctor about his patient (oh yeah, a Court order permitting interviewing Dr Welz was issued.........in June, about 3 months after Prokipczak had done it !) , and then later lying about what he was told by Dr Welz, in fact, creating complete falsehoods n those notes, Prokipczak was having a busy day in ignoring the Law.

4/.
Prokipczak (sentence 16* and 17*)
When referring to his cosy, and illegal chat with Dr Welz....
"Oliwia Oleksyk reportedly stated that she had been hit/beaten around 3 weeks before admitting her to Hospital"
I draw your attention now to some facts- Oliwa Oleksyk was admitted to Hospital on the 27th March, so around "3 weeks earlier"would bring us to somewhere around the 6th March. Oliwia Oleksyk had a full visit, and a full examination done by, Dr Magdelena Kolacz on the 10th March, during which she made no false claim of being hit or beaten, no false claim of injury, and Dr Kolacz found nothing whatsoever to suggest that Oleksyk had been beaten, no marks, no bruises, no damage, Oleksyk was completely healthy and normal, as was Piotr. I know this how? Well, Dr Kolacz also made a sworn statement, she in September, which confirms these facts, and lays the lie of Oleksyks false claims of assault. (I will post his sworn statement along with Dr Welzs' , in a later post.
Prokipczak continues....
"She did not give any details, though, she did not say in which parts of her body she was hit, in what circumstances, nor by whom".
Suddenly, Prokpiczak is writing this false allegation of her having been hit, as fact, as proven, as established beyond all doubt as having occurred. Oh, yeah, and he's lying about what Dr Welz had actually said.

How do I know what Dr Welz actually said? Easy, he made a sworn statement in June, some 3 months after Piotrs brutal death.
When asked (by, funnily enough, one of Prokipczaks colleagues) a Police Officer named  T. Bednarz (of which  and whom much more later), about this, Dr Welz said, and I quote;
"She did not specify the person, the time or the place. She did not complain that such an event had taken place in the period prior to her stay in the Hospital".
No mention of the famous "3 weeks earlier" then, in fact a direct contradiction of what Prokipczak had written as "fact"

So where exactly did Prokipczak get his "3 weeks earlier" from?
Not from Dr Welz that's for sure, despite Prokipczak claiming that lie to be the truth.

Perhaps Prokipczal was confused, or simply thought no one would notice? Try this:

5/. Prokipczak (sentence 19*)
"Doctor Welz also informed me (in again violating patient confidentiality) , that she had been admitted to Hospital, around 3 weeks earlier , with diagnosed anaemia, and directed to the Departement because of the threat of premature labour".

Having discovered all of these facts, and prokipczaks note, some year or more later, I wrote to Prokipczaks boss, Head of Gorlice Police Gawlik, seeking answers for this crass illegality, abuse of procedure and process, and more....to read that letter, please click on the link here:
http://piotrmchalepiotrprokipczak.blogspot.com/2013/08/ins-prokipczak-breaks-law-what-will-his.html


I won't go into the full statement made by Dr Welz (in June) here, but it contains enough sworn evidence to contradict and expose most of Prokipczaks note for what it was, and what it led to, none of it legal , lawful, or as required.
His sworn statement went into some detail as to the behaviour of Oliwia Oleksyk when confronted with medical problems, particularly when she was told by Dr Welz, on the 26th march that Piotr was in a critical condition, in immediate danger of losing his life to "rapidly advancing hydrocephalus", its effect on his brain and heart, that she needed to go to the Hospital immediately, now, this very moment, no delay......
and so, what did Oleksyk do on hearing this appalling news and diagnosis?

She went home.
She stayed there until the next day, and
Piotr died 24 hours after that......................


HERE IS PROKIPCZAKS OFFICIAL POLICE NOTE, AS TRANSLATED BY A POLISH DEPT. OF JUSTICE LICENSED INTERPRETER, AS USED BY THE POLISH POLICE, PROSECUTION SERVICE AND COURTS, ITS VERACITY AND ACCURACY CANNOT BE QUESTIONED.