Monday 26 March 2018

Piotr Prokiczaks attack on me, why he decided he had a "right" to do it.......

To remind you all, I only discovered the following facts about Oliwia Oleksyks false statements, some year, 2 years and even 4 years after events transpired, as the Polish State ignored me entirely as a Father, went on a witch-hunt based on Oleksyks lies and false allegations, and when those lies and false allegations were shown up, they simply covered up their ineptitude and misconduct throughout, and Piotrs death was never actually investigated.
I remind you that in the 9 years since Piotrs death I have still not been given my rights as a Father, and have never been permitted to make a statement to the Police or Prosecutorial authorities about his death. I have been bullied, threatened, lied to, but never have succeeded in making a statement.
This despite the intervention of Brian Crowley MEP (Member of the European Parliament), and the Irish Government, Poland was not for moving on this.
One senior Official, Piotr Kapustka, even had the temerity to write a lengthy tome to Brian Crowley claiming that I had, at all times, been granted my full rights. This was blatant lies,
else why have I never been permitted to make a statement, and indeed, when I attempted to do so, why was I threatened and assaulted in a Police station?
Why on another occasion when I attempted to make a statement was it necessary for me to urgently phone the Irish Embassy in Warsaw asking for protection while I was in Gorlice Police station?
Why, when I was in the Prosecutors office in Limanova, and attempting to make a statement, was I told by the Prosecutor that she had received a written instruction (which she showed to me) from Prokurator Janusz Iwinski of Nowy Sacz, instructing her NOT to let me make any statement in connection with Piotrs' death?
Why did that Prosecutor then threaten to have me arrested and charged if I continued to try to do so, or if I (a victim of crime remember), would not just make a statement as she wished me to make?
Freedom, Justice? Poland?
So, the attack on me by Prokipczak occurred before any of the above had happened, before I knew anything about the content of any but the first of Oleksyks' false statements. The attack on me by Prokipczak occurred when I knew nothing, had been denied even my most basic rights at every turn, but still had been the subject of a witch-hunt and blatant criminality by the Polish State.


I will post on how this happened, what the Police and Prosecutors did, and did not do, which defies understanding, legitimate explanation, and is also in direct violation of the Law, but, hey-ho, this is Poland.
The order of what happened in 2009, just prior to Piotrs death, and the weeks that followed:


Oliwia Oleksyk had made four false statements containing false allegations against me, in March and April of 2009, while Prokipczak launched his attack on me in December 2009, when his only source of "information" was the false statements of Oliwia Oleeksyk he had in his possession, as the Police officer involved in the investigation, in fact first man on the scene.
Please remember I did not know this man other than as a pathetic drunk in the corner, and had no idea whatsoever that he was in any way involved with the so-called investigation into Piotrs death, I knew nothing, and that was the way the Polish state wanted it to stay...
The chronology of the statements, how they came to be, and a Polish Courts opinion of Oleksyk , and her false statements, her being recognised by the Court as a Liar, perjurer and manipulator, when I finally managed to get them into a court some 3 years later

1/. On the 9th March 2009 she made her initial false allegation, in a sworn statement to Gorlice Police, BUT. before doing this, Oliwia Oleksyk, who was about to claim falsely under oath that she had been assaulted.....
brought a pair of my jeans to be repaired.....having done that, and gotten the receipt (which she then gave to me....) off she went to play the victim, just as she had threatened to do many times, unless I gave her money. She had also threatened to have me killed, and indeed had stabbed me with broken glass more than once.
She told me she had done this, to which, I responded, "great, I have enough video and email evidence of how you are acting to maybe get them to force you to protect the baby"
You will remember Oleksyk within a month had stolen my laptop, and had the entire hard drive removed, thus removing evidence , (please click on the following link to see all convictions handed down against Oliwia Oleksyk for crimes committed against me, including this one- though again, Prosecutor Pawel Mrozowski tried to sabotage this case as well).
I also remind that I had recorded the entire conversation that occurred on the 8th March on my phone, as I had taken to doing when speaking to Oleksyk, as she had made repeated threats against me.
For an important connected post, please click on this link:
 http://nojusticeinpoland.blogspot.com/2018/03/the-trial-proper-as-it-began.html


2/.Then, on the 23rd march 2009, she withdrew the false allegations in another sworn statement.
Under Polish Law, if someone withdraws an allegation of crime, that original statement may not be used in any legal proceedings whatsoever. However, this is Poland, so applying the Law is , em, optional for those State authorities whose duty it is to apply the Law, as we shall discover......

3/. On the 28th march 2009 Piotr died from his appalling injuries.

4/. On the 1st April 2009, Dr Henryk Boloz (State pathologist) carried out the post-mortem on Piotr.
In the middle of this standard Post-mortem, Dr Boloz grew very concerned at the injuries that Piotr had suffered and which had caused his death. Following the Law, he suspended the Post-Mortem, contacted the local (Gorlice) Prosecutors office with his concerns, and the Post-mortem would continue, but now under a different Law, which provides that in the event that a crime (in this case the murder of my son Piotr), had occurred, then a "Prosecutors Post-Mortem must be carried out. This procedure was violated in its entirety.
Either a Prosecutor or a Judge must be present during a "prosecutors Post-Mortem".
Neither was present, at any time, in total violation of both Law and procedure.
A Police Officer, Prokipczak, wandered in with a Police Photographer, but was later to clam that he never did go in, rather he hung around outside (so now no one wss present in violation of the Law).
Prokipczak woud later claim that he spoke to people outside the door, and in his world, that meant it was all fine !
The "Prosecutors Post-Mortem" is a crucial procedure in investigating death in Poland, investigating a potential murder, but, hey failing to follow even the most basic Law and procedure was just fine for Prokipczak, the Police and Prosecutors in Gorlice.

5/. On the 3rd April 2009, having seen the results of the Post-Mortem, Oliwia Oleksyk made her next false statement, and now it changed- radically, her story was going to have fit the results of the Post-Mortem.

6/. On the 20th April 2009, Oliwia Oleksyk went to Gorlice Police station to request the "so-called" investigation into Piotrs death be moved from the Prosecutors Office in Gorlice, as I knew a member of staff there. The Police informed Oliwia Oleksyk that , legally, the Police have no power to take a statement if it relates to at Prosecutor, Prosecutors office, and she would have to go directly to that Prosecutors office to request the case be moved.
Between leaving the Police station, and arriving at the Prosecutors office, a time frame of some 20 minutes, Oliwia Oleskyk concocted another plan, now she would make a larger statement in the Prosecutors office, based on what she had seen in the Post-Mortem result, now she was going to blame me for the murder of my own child, despite her knowing such claims to be entirely false, and despite Dr Magdelena Kolacz being able to prove they were false....if the Polish State ever bothered to investigate that is, which they didn't. Nor did the Polish State ever speak to me following the death of my own child Piotr. They conducted a with-hunt against me, but never spoke with me, never questioned me, never arrested me, never permitted me to make a statement or offer information or evidence, nothing.

I here quote the relevant section of the binding, and final decision of HH Pyrz, as issued in my favour in July 2012 (sadly for me, the Polish State ignored this basic fact of its own Law and Constitution, but at the time I though my nightmare was almost over.....

HH Judge Ewa Pyrz, extract of decision handed down in favour of the appellant, Bill McHale:

"During her interrogation on 10.03.2009, Oliwia Oleksyk explicitly stated that on 08.03.2009 she was hit on her head by her cohabitee (best translation*) .
Then, on the 03.04.2009, she stated that on the 08.03.2009: 
"He hit me several times on my face with an open hand"
"He did not hit me then, in any other way, and before that he had never beaten me"
"He never beat me on my stomach or abdomen"
The Judge then continues:
"The statements referred to above were made quite soon after the incident**. They are firm and explicit and their content raises no doubt.*
*(as to meaning and intent).
The witness (Oleksyk) did not claim that she did not remember the circumstances of the incident, or that she was not able to give evidence due to the state of shock after the baby's death*.
*(please remember that it was Oleksyks own idea to go and make this statement, no one asked he to do it).
Besides, the witnesses evidence is detailed, chronological and there is nothing in it to indicate that the witness (Oleksyk) had problems with remembering or reconstructing particular events- "
Now Judge Pyrz got to the hub of the matter:
"The witnesses (Oleksyk) next statement, given about a dozen or so days later - after obtaining the Post-mortem result is TOTALLY DIFFERENT with regard to the course of the 08.03.2009 incident. The witness (Oleksyk) (in the 20th April statement) states that her cohabitee then jerked her and pushed her on the table and the kitchen dresser work surface. She also says it was possible she hit her belly then. Further on she (Oleksyk) adds:
"Previously I did not mention the jerking and hitting my belly against the table because the policeman interrogated me three days after the baby's death and  I was then broken down and in a state of shock"
This evidence in confrontation with the previous two statements which were 
quoted and referred to above (of the 10th March and 3rd April) ,
SUGGESTS EXPLICITLY THAT THEY CANNOT BE TRUE - THEY ONLY CONSTITUTE AN ATTEMPT TO ADJUST TO THE CURRENT STATUS OF EVIDENCE TAKEN IN THE CASE.
It is impossible that, 2 days after the event (on the 10th March) the witness (Oleksyk) did not remember being pushed and jerked on the table and kitchen dresser.
She was not in shock then either.
Also the text of the witness's (Oleksyk) evidence of 3.04.2009 does not suggest that , due to the situation, she did not remember the course of the incident, if the evidence she gave is logical, consistent and firm.
In these circumstances, the Court finds no reason for assumption that on 20.04.2009, Oliwia Oleksyk gave evidence true to the best of her knowledge.
In the opinion of the Court, its contents indicates a typical manipulation of facts....
And CANNOT BE TOLERATED IN CRIMINAL PROCEEDINGS." 

So there you are readers, a Polish Judges assessment of Oliwia Oleksyk, her lies, her perjury, her attempts at manipulation, her attempt to frame me for murder, none of which was acted upon by any Polish Police Officer, Prosecutor or authority, cover it up, hide it, deny it, ignore it, just stop McHale.
By any means possible, legal or illegal.