MASSIVELY UPDATED. Is this Police intimidation, or your best attempt to answer my criminal notification against Prokipczak Komendant Gawlik?

This is a very lengthy post, because I wanted to cover the issue of Kom Gawliks response to my criminal notification in full, I have also, at the bottom of this post, posted his response in full (by way of a certified translation to English, as well as Prokipczaks Official note, which is good for comparison to Gawliks "version".

I'll start by reminding you readers that I wrote my criminal norification to Kom Gawlik a full 30 days before he bothered to respond, and now I have (after the full 30 days he could legally wait, !) received his response, a truly extraordinary, ill-informed, misleading, inaccurate, self-serving and self-preserving piece of work it is too !
To detail this, to expose the extent of this, I will of course have to compare it in specific parts to either established fact, or Prokipczaks original Official Police Note.
Kom. Gawlik has been evasive, he has chosen what he wishes to refer to, what facts he wishes to ignore, and of course, excluded those facts that are, simply, inconvenient truths, he also makes assumptions which are mind boggling, and simply fantastical, as were what he suggests were true, the entire Polish Judicial system could not function !
No surprise there then. Do read on, this is a Senior Polish Police Officers (poor) lesson in avoidance, evasion, clap-trap and obfuscation, with the grossest of insults included, written to me as though I do not have Prokipczaks note in my possession,

At the bottom of this post, I have again uploaded Prokipczaks note (in the form of a Polish Dept of Justice licensed interpreters translation to English, as indeed have I uploaded Kom. Gawliks response (you know, the one he sent me illegally in only Polish !).
I highlight the main crass, untrue, misleading, disingenuous parts of Kom. Gawliks so called "response" to my letter, but do read this letter in full below, but only having first read Prokipczaks note in full... then see for yourself what any sentient being would see clearly, this was no answer, this was bureaucratic misdirection ("I responded but I did not answer", and "when it got difficult to avoid, I just made it up"). We've all seen it, suffered it, but this is truly breathtaking, he's talking about the Law, the death of my son Piotr, (but never acknowledges that fact), he attempts to turn my being Piotrs Father into a non-fact....but, only problem with that?
If I was not Piotrs Father, then legally, he would not have to answer me at all, but he did answer, of a kind....go figure!
.....do read on:

1/.
Prokipczak note, direct quotes of sentences 1* and 3*

"Today at around 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 Mosu- specialist in crime investigation techniques to the dissecting room of the specialist Hospital in Gorlice. There I met the specialist performing the examination (meaning post-mortem*), Doctor of Forensic medicine, Dr Henryk Boloz".
*My clarification

Gawliks denial of this fact (extraordinary !) in his letter, found on page 2 of his letter ,in brackets, marked as "B"

"The content of the note (Prokipczaks note**) does not determine that the above mentioned Police Officer (Prokipczak***) was present during the post mortem (now the crass ignorance and insults****) of Oliwia Oleksyks son, as there was no need to".
So, Prokipczak saying he was in the dissecting room, and there he met Dr Boloz, does NOT mean he was there at all? Seriously?
**, *** and **** are my clarifications.

In point marked ****, please notice that Gawlik, rather than referring to my son, or my and Oliwia Oleksyks son, he refers ONLY to Oliwia Oleksyks son.....he does this often, and in an even more ignorant manner elsewhere, (which I will detail at point 3/. below).

2/.
Prokipczak note, sentence 21* (which Gawlik pretends does not exist!) and sentence 29* which Gawlik merrily and self-servingly quotes......
21* - "It is possible that the information concerning THE BEATING of Oliwia Oleksyk could be provided by Dr Tomasz Orchel from zoz Ars-medica...." (Em, no, Why not Dr Magdelena Kolacz, who actually attended Oleksyk Prokipczak? Her sworn statement proved there was no "beating").
29*- "The Pathologist could not clearly determine the cause of the injury*. The cause could be THE BEATING (being hit) or some accidental hitting something, falling, etc"

Gawlik letter to me, page 2, Paragraph "C" in its entirety....
You will notice how Gawlik lifts Prokipczaks sentence, (marked as 29*) , verbatim, from his Official note made at the time, but seems entirely unaware of the existence of sentence 21* in the same note.....genius that!
He then (as mentioned in the point directly following- 2a/.), suggests the problem is with the translation, well, no Kom Gawlik, if you deliberately omit sentence 21* of the note, and only refer to sentence 29*, while attempting to suggest the translation is incorrect, that's simply misleading, false,  disingenuous, and you must really think people are stupid, which they are not.  

2a/.
Gawlik, page 2, point "D"

"It should be noted that the problems with proper interpretation of the content may result from language difficulties and translation of the text".
What is magnificently ironic here, is that you must remember that Gawlik wrote this letter to me in Polish ONLY, with no English translation provided to me (in violation of Polish Law and numerous Court orders handed down in my favur against the Polish State on this very issue (see below).
Prokipczaks note was translated for me, at my own expense (which, by Polish law, the Police should have provided to me by the way, for free).
I used a Polish Govt Dept. of Justice licensed interpreter for all translations, but Gawlik is attempting to say that the issue with my understanding is the translation itself, or its interpretation....if this were the situation, then every document in the Polish Judicial system that is translated from Polish to English, or from English to Polish, must suffer the same flaws as Gawlik suggests, since the Judicial system (Police, Prosecutors and Courts) all use Polish Dept. of Justice licensed interpreters.... and thus the entire Polish judicial system is fundamentally flawed, and no translation can be trusted, from Dept. of Justice licensed interpreters.....seriously? This is the calibre of thinking, and then committing to documents, that I have had to deal with.....Kom. Gawlik at the top of the list.

3/.
Gawlik letter, page two.
I draw your attention to the entire Paragraph marked "E".
In this letter to me, (written ONLY because Piotr was my son, for if I were NOT Piotrs Father, I would have no right to question any element of the behaviour of Prokipczak, the conduct of the so-called investigation, nor what occurred at Piotrs' post-mortem).
Gawlik refers three separate times to "her" baby (meaning Oleksyk), and then suggests that, and I quote , the conduct of his Officers was:
"...with full respect to her dignity, and the situation she found herself in".
Remember, he's talking about his aggressive, ignorant, disrespectful Police Officers, arriving some 2 hours before I was to bury my son Piotr, a funeral I arranged in its entirety, since Oleksyk was not interested, did not care, and played no role.
Remember also, this is a letter to me as a Father, whose child was brutally killed, a death his Police Officers failed to investigate (fact, as I will explain). He speaks of "dignity" respect, yet this is how he treats Piotrs Father.....words fail me.
This quote was lifted, by Gawlik, from an internal Police memo written by one Tomasz Bednarz, a Detective, who is also fond of being, shall we say, disingenuous with the "truth", which I will return to later.

4/.
Gawlik letter Paragraph "F"
Sweet lord, this is a doozie !!
Firstly please note that Gawlik refers to MR Piotr Prokipczak (twice!), NOT Police Officer Prokipczak, NOT Nad.Kom Piotr Prokipczak, oh no, just plain old "Mr"....odd?  
Before Prokipczaks violent, abusive, aggressive attack on me, during which he threatened to slit my throat, and told me my body would be found on a local river bank, I had spoken very few words to him.
Prokipczak was the pathetic drunk in the corner, sitting on his own, he seemed to be there every time I went to the Bar, always alone, always drunk, always trying to talk to anyone who would listen about his wife leaving him. You know the type, the pathetic drunken bore, who everyone hopes to avoid.
I had no relationship of any kind with this muppet, not a social one, never mind a personal one. He, Prokipczak, gave this lie to Gawlik.
Gawlik speaks of a "conflict" between Prokipczak and I.....YES!! After he attacked me for no reason, there was certainly conflict! But only from him.
Gawlik then says it had nothing to do with him being a Policeman...except, every accusation that Prokipczak made that night against me came straight out of a Police file, each of those appalling accusations were proven to be entirely false, (within two weeks of the attack on me),  they were proven to have no basis in truth nor fact.
I had zero "social contacts" with this drunken muppet Prokipczak, yet this is how Gawlik washes his hands of.....MR Prokipczak, and thus fails to instigate a criminal investigation....when presented with a criminal complaint.

5/.
Gawlik, Paragraph "G".
You have to smile at this one....Gawlik tells me that what a Police spokesman says on Tv, is nothing to do with the Police, it is the TV company's fault......
I quote:
"The Police cannot be held liable for the content of broadcast programs"....... What? Even when that content is provided and spoken on camera by....The Police....
Really, you couldn't make this up, but in Poland you don't have to make it up, this is how Senior Police Officers deal with uncomfortable questions.

6/.
Gawlik, Paragraph "H" (well the single sentence).
Here he tells me all about the Official language of Poland, Gawlik is blissfully unaware that Poland is in the European Union, he is blissfully unaware of Polish domestic and Constitutional Law on this issue, so, he just makes up ths childish sentence. For clarification on this please read this post in full, I list every separate Polish Law that Gawlik ignores, abuses and denies when writing this entirely false "justification" about why he will only communicate in Polish :
http://piotrmchalepiotrprokipczak.blogspot.com/2013/10/komendant-gawlik-violations-part-2.html


I have also written to him again, for the last time. I will post this 2nd letter on the blog later .

It seems that Komendant Gawlik, NadKom Tybor, and particularly NadKom Piotr Prokipczak are not at all comfortable with me raising the serious, and entirely legitimate, questions about Piotrs' post-mortem, and NadKom Tybor and NadKom Piotr Prokipczaks' conduct at the time of Piotrs' death and the subsequent, instantaneous, so-called "investigation".

Typically, rather than be concerned over their own violation of Police Procedure, Polish Law, and my dead sons' dignity, they are , it seems, only concerned that I am demanding the truth over their actions.

Typically of some Senior Police Officers' in Gorlice, whose function, in fact raison d'etre, is to uphold and enforce the Law for the benefit of all, these Officers seem to have no interest in, or intention of, personally conducting themselves within the limits of, nor respecting, that same law.


PROKIPCZAKS ORIGNIAL NOTE AND KOM GAWLIKS RESPONSE TO MY LETTER
(FULL ENGLISH).

AND KOM GAWLIKS RESPONSE TO MY LETTER ABOUT IT....

.....Komendant Gawlik, violations part 2

To complete the detail of how Komendant Gawlik violated the Law by writing to me in Polish, I have to offer Articles of both the Polish Constitution and European Law for you to read.

In my next post I will expose the detail of what Komendant Gawlik wrote to me , supposedly in answer to my questions. The content of his letter is absolutely extraordinary , and defies belief, given that I am in possession, and will publish, Police documentation that proves the innacuracies that he claims as fact, and exposes his response, indeed exposes the entire letter for what it is, nothing more than a blatant attempt to mislead, obfuscate , deny both reality and the Law, and in equal measure attempts to ensure that the truth cannot be revealed. He has failed, utterly, to prevent the truth being exposed. The documentation created by his own Officers, including by NadKom Piotr Prokipczak expose the brutal truth of how Senior Officers in the Police in Gorlice have conducted themselves, shameful as it is, it is the reality

In yesterdays post you can read decisions handed down by 2 Polish Criminal Courts' regarding this exact subject, that is the failure of Polish judicial bodies (Police and Prosecution Services) to write to me in English and/or failing to provide me with original Polish documentation along with certified English language translation of that documentation. I appreciate that this is a rather technical issue, but, given that I cannot understand Polish, it is, you might agree, very important. How, in this circumstance, could it be possible for me to protect myself, or defend my legal interests, if I have no idea what is being done, written, or said, by the investigative authorities, in criminal cases where I am the victim?

The Polish Courts' have, at all times, in every case, in every situation, provided me with an interpreter during hearings, and in the case of written documentation, have always provided me with original documentation signed by the Court, as well as providing certified translations of that documentation.

It is therefore, only the Police and Prosecution service that have violated my rights in this way, repeatedly and deliberately. Something that Komendant Gawlik decided he was also going to do. So below I list every Article of the Polish Constitution which could be connected to this issue, as well as Articles from the Charter of Fundamental Rights of the European Union, which Poland is a signatory to, and indeed Polands' Constitution states that this international agreement and its Laws, takes precedemce over pre-existing Polish domestic Law, something that Komendant Gawlik is, clearly, entirely unaware of.

I will post the full wording* of each of these articles at the end of the post, and I can say that, despite its length, these articles, particularly the European Law, is worth reading, as it exposes komendant Gawliks' ignorance in writing to me in Polish, and the consequent blatant violation of international law. This, combined with his violation of Polish domestic law, as well as the Court orders issued by Gorlice Criminal Courts' in July 2012, make his attempt to justify writing to me only in Polish, rather pathetic.
* In English, and ask that my Polish readers forgive me for not translating the full detail in Polish.

I remind you of what Komendant Gawlik wrote in his letter:

"Since the official language used in Poland is Polish, we provide answers only and exclusively in this language".


THE POLISH CONSTITUTION:

Art. 7:
"The organs of public authority shall function on the basis of, and within the limits, of the law.

Art. 8:
1/. The constitution shall be the supreme Law of the republic of Poland.
2/. The provisions of the Constitution shall apply directly,unless the Constitution provides otherwise.

Art. 9: The Republic of Poland shall respect international Law binding upon it.

Art. 27: Polish shall be the official language in the Republic of Poland. This provision shall not infringe upon national minority rights resulting from ratified international agreements.

Art. 30: The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorites.

Art. 31 para 2. : Everyone shall respect the freedom and rights of others.
                            No one shall be compelled to do that which is not required by law.

Art. 32 para 1. : All persons shall be equal before the Law. All persons shall have the right to
                            equal treatment by public authorities.
             para 2. : No one shall be descriminated against, in political, social and economic life in
                            the Republic of Poland.

Art. 37 para 1. : Anyone, being under the authority of the Polish State, shall enjoy the freedoms
                            and rights ensured by the Constitution.

Art. 87:               The sources of universally binding law of the Republic of Poland shall be:
                            The Constitution
                            Statutes
                            Ratified international agreements, and regulations.

Art. 91 para 1. : After promulgation in the the Journal of Laws of the Republic of Poland (Dziennik
                            Ustaw), a ratified international agreement shall constitute part of the domestic
                            legal order and shall be applied directly, unless its application depends on the
                            enactment of a statute.
            para 2. : An international agreement ratified upon prior consent granted by statute
                           shall have precedence over statutes if such an agreement cannot be reconciled
                           with the provision of such statutes.
            para 3. : If an agreement, ratified by the Republic of Poland, establishing an international
                           organization so provides, the laws established by it shall be applied directly and
                           have precedence in the event of a conflict of laws.

I must inform you readers, quite obviously I am no constitutional lawyer, far from it, but the Constitution of the Republic of Poland would seem to bar descrimination on the basis of nationality and language, or indeed any descrimination whatsoever, and equally seems to enforce the primacy of the Charter of Fundamental rights of the European Union over Polish domestic statute, . There are only 2 articles of the Charter that I offer here, as being exactly on the point raised by Komendant Gawliks' letter:


The Charter of Fundamental rights of the European Union (2007/C 303/01)

Art. 20:               Everyone is equal before the Law.

Art. 21 para 1. : Any descrimination based on any ground such as sex, race, colour, ethnic or
                            social origin, genetic features, language, religion or belief, political or any other
                            opinion, membership of a national minority, property, birth, disability, age or sexual
                            orientation shall be prohibited.

             
So, to reiterate, Komendant Gawlik wrote:

" Since the official language of Poland is Polish, we provide answers only and exclusively in this language".


Do you , reader, think that Komendant Gawlik:

a) knows and respects the KPK (criminal procedure code),

b) respects 2 different Judges decisions regarding my rights,

c) knows and respects the Polish Constitution ,

d) knows and respects the Charter of fundamental rights of the European union,

but decided to ignore all applicable laws because he considers himself above such things?

OR

Is he, as Komendant of Police of the district of Gorlice, entirely ignorant of the existance of all prevailing Law?

  

UPDATE.....through Ignorance or with intent? Komendant Gawlik violates the Law. Part one!

This posting is very detailed, and very important, so please read it through and at the end, having provided an extract from his correspondence to me, you will understand why I say that Komendant Gawlik violated the Law. I will be posting more evidence, nay even proof, tomorrow of his violation, or ignorance, (or both), of the Law.

In the meantime, click the link below to see the letter that I had sent to Kom Gawlik (posted here in both English and Polish), and which he eventually responded to, but certainly didn't answer or take appropriate action about.....
http://piotrmchalepiotrprokipczak.blogspot.com/2013/08/ins-prokipczak-breaks-law-what-will-his.html

In his arrogance, in attempting to show that he is very important (doubtful in my humble opinion), in attempting to demean me, in his attempts to show that he can act as he wants, irrespective of duty, Law and my rights, Komendant Gawliks' words to me were written only in Polish, a language I can not comprehend. The following quote from the letter are his exact words, as written to me, and a certifed translation which I obtained at my own expense*.


In my original letter to Komendant Gawlik, (see earlier posting of the letter, both in English and Polish) I made the following statement:

"......Should you fail to reply to this letter, and answer every question in full, and in English,....".

My reference to his obligation to reply to me in the English language, and not in Polish (as I do not understand the Polish language) , was based on the following legal authority:

1/. Decision of his honour Judge Bogoslaw Gawlik handed down on the 30th July 2012 in another earlier case in which I was the victim, and the Prosecution Service and Police service had illegally failed to provide me with documentation and letters in English:

Certified translation to English:

"At the beginning, it should be stated that it has not been sufficiently proved that the applicant (Bill McHale*) knows the Polish language and that it was not necessary to translate to him the text of the challenged decision.----
Art. 204 paragraph 2 of the KPK (Polish criminal procedurę code) reads that a translator/interpreter ought to be called if there is a need to translate into Polish a letter executed in a foreign language or the other way round. This regulation concerns not only a defendant (suspect) because it is in the general provisions of Chapter 22 of the KPK on experts, translators/interpreters and specialists.
The fact that the applicant (Bill McHale*) submitted a crime notification in Polish or carried on correspondence in other matters in this language with Nowy Sacz Prosecutors Office, does not mean that he personally wrote the phrases in this language. ---
The applicant stated (under oath*) that the text of the letters was translated for him into Polish and he only put his signature under the text of his letter, translated into English. ---
"........does not constitute a sufficient basis to assume that the applicant (Bill McHale) knows the Polish well language enough to be able to defend his (Legal*) interests - even if he knows certain phrases in Polish" (*my clarification).

Original Polish decision:

"Na wstępie należy podnieść, iż nie wykazano dostatecznie, aby skarżący znał język polski i aby nie należało mu przetłumaczyć treści kwestionowanego postanowienia.
Art. 204 paragraf 2 kpk mówi o tym, iż należy wezwać tłumacza jeżeli zachodzi potrzeba przełożenia na język polski pisma sporządzonego w języku obcym lub odwrotnie i przepis ten nie dotyczy tylko oskarżonego (podejrzanego), gdyż został zamieszczony w ogólnych przepisach rozdziału 22 kpk o biegłych, tłumaczach i specjalistach. To, że skarżący kierował zawiadomienie w języku polskim, czy też prowadził korespondencję w innej sprawie w takim języku z Prokuraturą Rejonową w Nowym Sączu - nie oznacza, to że on był osobiście autorem zwrotów w tym języku. Skarżący podniósł , że treść pism była mu tłumaczona na język polski a on jedynie podpisywał się pod treścią tłumaczonego jego pisma z języka angielskiego".

"....  nie jest dostateczną podstawą do przyjęcia, że skarżący włada w sposób dostateczny w języku polskim a chodzi przecież o znajomość tegoż języka w sposób umożliwiający realnie możliwość bronienia swoich interesów , nawet gdyby skarżący znał pewne zwroty w języku polskim".




2/. Decision of her honour Judge Ewa Pyrz, also handed down on the 30th July 2012 in yet another earlier, second case, in which I was the victim, and the Prosecution Service and Police service had illegally failed to provide me with documentation and letters in English:

Certified translation to English:

"At first, it needs to be said that the aggrieved party's (Bill McHale) objection concerning the service of a copy of the decision on discontinuation of proceedings in Polish - when it is clear from the case files that he does not know this language and that he was heard at court in the presence of an interpreter, IS JUSTIFIED. (my emphasis)."

"This NEGLIGENCE (my emphasis) results in revocation of the decision against which the complaint was lodged because
PURSUANT TO THE APPLICABLE LAWS, JUDICIAL BODIES ARE OBLIGED TO CALL A TRANSLATOR OR INTERPRETER IF THERE IS A NEED OF TRANSLATING A LETTER WRITTEN IN POLISH INTO A FOREIGN LANGUAGE. (my emphasis).

Original Polish language decision as written by Her Honour, Judge Pyrz:

"Na wstępie stwierdzić należy, iż zasadny jest zarzut pokrzywdzonego dotyczący doręczenia mu odpisu postanowienia o umorzeniu śledztwa w języku polskim w sytuacji gdy z akt sprawy wynika, iż nie włada on tym językiem, jak również był przesłuchiwany w obecności tłumacza. Uchybienie to skutkuje uchyleniem zaskarżonego postanowienia, albowiem obowiązujące przepisy nakładają na organy procesowe obowiązek wezwania tłumacza jeżeli zachodzi potrzeba przełożenia na język obcy pisma sporządzonego w języku polskim".

Two things need to be said here, firstly, yes, I was very busy on the 30th July 2012, when I had a number of separate appeals heard on the same day in Gorlice criminal Courts. I was successful in all of these appeals against Prosecutors decisions, resulting in all of those decisions being overturned by the Courts'.
Secondly, the 2 separate Court decisions quoted above,, re-iterated and reinforced my rights to receive all documentation in English under Polish Law, these decisions were not specific only to the cases heard, but , as stated, were indicative that at all times, in every situation, all judicial bodies (including Police) are legally obliged to adhere to the Law in this regard, that is , to provide me with both original documentation in Polish, as well as a certified translation into English, or in the situation where a letter is sent to me, it must be sent to me in the English language.

So, Komendant Gawlik, in his letter to me stated, (with no hint of ignorance, racism, discrimation or crass stupidity) in part:

"Since the official language used in Poland is Polish, we provide answers only and exclusively in this language".

There is much to say about this extraordinary statement by Komendant Gawlik, but, today I will make only 5 observations:
1/. Komendant Gawlik, in writing to me in Polish, violated Chapter 20 of the KPK (Polish criminal code).

2/. Komendant Gawlik, in writing to me in Polish, violated the Lawful order of His Honour Judge Gawlik, as issued on the 30th July 2012 in Gorlice criminal Court division.

3/. Komendant Gawlik, in writing to me in Polish, violated the Lawful order, of Her Honour Judge Ewa Pyrz, as Issued on the 30th july 2012 in Gorlice criminal Court division.

4/. Komendant Gawlik, in writing to me in Polish, displays to the world that he is entirely unaware of the European Union and Polands' membership of that organisation. I will expand on this topic in my next posting.

5/. Komendant Gawlik suggests (when he says "WE") that this letter was written by committee, as though he, alone, was intellectually incapable of answering my correspondence. Judging from the content of the letter, I think he needs a bigger committee to write his letters for him. I will expand on this topic in detail when disclosing the rest of the content of this letter.

Please come back and read tomorrow night, the posting will be shorter but no less revealing .......

Komendant Gawlik violates the Law..........

As I said in my previous posting, the envelope I received from Komendant Gawlik, which contained a single sheet of paper, upon which words had been printed, was so full of

inaccuracies,
ignorance,
abuse,
insults, and
legal error

that it is necessary for me to make a number of postings in order to expose them in full, and individually.

In order to do so, in the first of these postings I must quote , directly, from decisions handed down by Polish Courts on appeal. (I will quote both the original Polish decison and a certified translation to English, as provided to me by the Court, following the requirement of Polish law to do so). I made these appeals in other cases  in which I was the victim, but elements of those appeals were directly on those legal issues raised again by Komendant Gawliks' present conduct. These decisions, and their clarification of Polish Law, have, at best, the effect of proving Komendant Gawliks' ignorance of the Law he has sworn to uphold and protect ,

or at worst,

(if Komendant Gawlik has bothered to read these decisons), it proves his utter contempt both for that Law, the Polish Criminal Courts', and the force of Law of those decisions handed down by the Courts'.......

In the second of these postings I will provide you with the original Polish Domestic law, Polish Constitutional Law, and European Law which Komendant Gawlik has violated.

And remember, these 3 postings will be dealing only with one element, one sentence of Komendant Gawliks letter to me!

In all, exposing his incompetence , ignorance, legal errors, and misdirection/cover up, as displayed in his letter to me will require I post many times on this subject.

I would like to let you all know that what I expose in the coming days is typical of the treatment I have suffered at the hands of Komendant Gawlik, NadKom Piotr Prokipczak and other Police officers in Gorlice over the last 4 years, nothing new , just now I will expose it fully.

30 days after receiving my letter Komendant Mihal Gawlik does something....

Well readers,

 As I predicted, Komendant Gawlik waited the full 30 days before doing anything about my letter.

He sent an envelope with a piece of paper inside, and on that piece of paper there were written some words.

These words were not, emphatically not, an answer to the questions I had put to him in my letter.

These words were, in no particular order;

Offensive, both to me and others.

Grotesque.

Ignorant of both the facts and the truth.

Untrue in their intent and meaning.

Legally incorrect.

Dismissive and disregarding of Polish domestic law.

Dismissive and disregarding of the constitution of the Republic of Poland.

Dismissive and disregarding of the prevailing European Law, enshrined in treaties signed by the Polish Republic.

Dismissive and disregarding of decisions handed down by the Polish Criminal Courts in my cases. Decisions which, obviously, neither the Police Service nor the Prosecution service were happy about, as they ordered Prosecutors and Police to follow the Law, and particularly the Polish Criminal Procedure Code and ensure my rights therein were to be honoured and upheld. These rights have been violated, deliberately, by both the Police and prosecution service for 4 years, and Komendant Gawlik decided, in this communicatin to violate them further.

All of the above mentioned laws, Constitutional, Domestic and European, are supposed to be the very reason for Komendant Gawiks' job as Komendant of Police to exist, but he seems to operate under a very different method, perhaps he believes he can operate under differnt Law, maybe "the law according to Komendant Mihal Gawlik"?

So, rather than simply post Komendant Gawliks' words in their entirety, in one moment, as I had intended, I will be making a number of posts detailing my original question, his words which are supposedly his attempt at a response. I will also post the relevent Polish Law, and further Gorlice Police documentation in my possession, which proves that komendant Gawliks' words are fundamentally untrue, and I believe, absurd. I will of course, post the original Polish language which I received, and a certified translation of every element of it. Then you can decide for yourself on the merit, or lack of merit, of Komendant Gawliks' words........

In my last posting on this issue, I will post Komendant Gawliks' original words in full, as I received them, on headed Police paper, along with an English translation. And, YES, of course He DID ignore Polish Law and write to me in Polish, entirely unlawfully and in contempt of 2 Court orders handed down by the Polish Criminal Courts'.

The last time I read or was told something so extraordinary and fantastical, and treated it with the same level of incredulity, was created by Prosecutor Pawel "Hans-Christian Anderson" Mrozowski of Nowy Sacz Prosecutors office. (to read more about this please click on : victimbillmchalethreatenedbymrozowski.blogspot.com   ).

So tomorrow I will make my first post regarding Komendant Mihal Gawliks' words. I will not dignify these words with an adjective such as "reply" or "answer" or "explanation" to my letter, and the questions I put to him. It is not. These words as written by him are an attempt at self-protection, denial, and misdirection.

I look forward to your reading of this fairytale as authored by Komendant Mihal Gawlik, Chief of Police in Gorlice.

Another one of Komendant Gawliks Officers lies in an another Official document

Today I am in possession of another extremely important document which the Gorlice Police created regarding Piotrs' death, and their so-called investigation into the cause of his death. This document is entitled:

"Postanowienie o umorzeniu śledztwa" (the English language meaning of which is "decision to terminate investigation").

This document is written by either the investigating Police Officer or the investigating Prosecutor, but in each case it must be approved and signed by the Prosecutor in chargé of the investigation, as the Police in Poland have extremely limited legal power or authority.

The document includes a section entitled:

"Uzasadnienie" (the English language meaning "Justification" (for the decision)).

This document is created, as its title suggests, at the conclusion of an investigation when no evidence, whatsoever, has been found of a crime being committed. It took Gorlice Police, under the authority of Komendant Mihal Gawlik, 9 months, before they could admit failure in their investigation against me, and in this document acknowledge that I had committed no crime, but still tried to suggest, imply, and offer innuendo that I had done so.

Suitably, this is the last document created in the so-called Police investigation into Piotrs' death, which means it very neatly bookends their entire pathetic effort of investigation. Their first action in this case , through Inspektor Piotr Prokipczak, was to violate Polish Criminal Law and Procedure, by violating Piotrs' post-mortem. Their last action was to write entirely false and prejudicial information when ending the investigation. These 2 actions by Komendant Gawliks' Police, expose the perfect, but sad, symetry of the conduct of his officers throughout this sorry pretence of an investigation following Piotrs' death This emanates, from my perspective at least, from Komendant Gawliks' apparant lack of leadership and his failure to demand investigative integrity from his Officers'. An integrity that is, sadly, no where to be found in this so-called investigation.

These 2 acts by his Police, alone, show their utter contempt for their sworn duty, Polish criminal Law, the truth, investigating crime objectively, and the rights of victims. Including, and most importantly, my dead childs' right to Justice, even in death.

I will be posting extracts from this document, ( along with an English Language translation of the extracts), and a full explanation, with proof, of how this document contains absolute lies about the conduct of the so-called investigation, the shockingly incompetent nature of this so-called investigation, as well as the deliberate lies about me contained in the document.

This document is utterly shocking, containing as it does, lies, innuendo, outright falsehoods, and as it seems to me, an attempt at self-justification for such behaviour. It also, conveniently for Police interests, deliberately excludes rather important evidence, as to include it or even mention it, would mean tchem having to explain it away, not something they wished have to do.

I think Komendant Gawlik has more questions to answer regarding the conduct of his Officers, under his direct authority, command and direction, regarding my son Piotrs' death, and their so-called investigation into it.

I recognise that seeking answers from Komendant Gawlik may be a pointless exercise, but should I receive no answers, then I will seek other remedies under Polish Law, as I am now doing regarding Inspektor Prokipczak and NadKom. Tybor.

No surprises then Komendant Gawlik ?

So now Komendant Gawlik has been in receipt of my letter for 29 days............

Just to let you know that, as predicted, Komendant Gawlik has decided to:

take his time in answering my letter, or

follow procedure , (procedure, being so important for him, except when allowing the desecration of my sons' post-mortem, (or perhaps procedurę is not so important?), or

consider his response to my letter, or

investigate fully what I questioned in my letter, or

converse with colleagues about the content of my letter , or

perhaps, once again he is waiting (as predicted) until the last possible moment in which he can Lawfull reply, or

perhaps attempting to prove a point to me, that HE is the Komendant of Gorlice Police, and will answer when it suits HIM, without any consideration whatsoever for the sender of the letter to him (nor my suggestion that he answer within 7 days), irrespective of the unlawful conduct and violation of procedure (under the Polish Criminal Procedure code) by his officers, committed under his authority and command, or

he is being totally ignorant, or

wants to ignore me, my letter, and the desecration of my innocent son Piotrs' post-mortem, by the Police Officers under his direct authority and command? or

maybe, just maybe, he is playing for time, in the hope that some legal miracle will happen for him?

30 days to answer, this as I said, is day 29, maybe he is waiting for the last postal collection, on the last day to answer me? Is it possible that a Senior Police Officer, a Komendant no less, could be so egotistical (or should I say childish?) as to behave in such a way? Surely not.

The possibilities are endless, but the result the same:

Komendant Mihal Gawlik of Gorlice has ignored a letter sent to him by the father of a child who did NOT die of natural causes. A Father who wanted answers as to why he permitted his Police officers', specifically Inspektor Piotr Prokipoczak and Nadkom K. Tybor, to compromise, absolutely compromise, the post-mortem procedure following my sons death, by violating Polish Criminal Law and Police procedure.

He permitted the violation, and as I said, desecration, of the only means the Polish state had of attempting to establish important evidence in relations to Piotrs' death, and also of denying me my rights.

My son Piotrs' death is something I suffer with every day, and for Komendant Gawlik and his Officers to treat Piotrs' post-mortem as an insignificant matter, legally, medically and morally is an appalling abuse.

My beautiful child lost his life, and Komendant Gawlik and his Officers' thought they could simply stroll into Piotrs' post-mortem with absolutely no legal right to do so?

Simply, Komendant Gawlik and his Officers thought that my sons post-mortem was some sort of spectator sport, into which they could walk, without fear of questioning or explanation.

Well Komendant, my sons post-mortem was no spectator sport. He deserved that his dignity be preserved during the post-mortem, not to be stared at my spectators with no right whatsoever to even be in the same room during the procedure.

You, Komendant, may be the Chief of Police in Gorlice, but you have sworn to uphold the Law, not to ignore it at your personal whim. You permitted that your Officers' ignored the law, the responsibility for this violation of my child, me, and the Law, lies ultimately with you.

Komendant Gawliks' response to my letter.............

There has been no response whatsoever!

No surprise then. As I suggested, either Komendant Gawlik is deliberately waiting a full month to respond (as the procedural system permits), However, lets be honest here, brutally honest in fact, Komendant Gawlik and the Officers' under his direct command just love Police procedure - when it is convenient for them to do so, and only when its convenient.

However, when it was necessary, indeed legally obligatory, to follow Police procedure, and the law, during Piotrs' post-mortem, Komendant Gawlik, and his subordinates NadKom.Tybor and Inspektor Prokipczak,  considered and acted as though procedure and the law were an irrelevence. An irritation to be ignored.

OR

Komendant Gawlik is scrambling around trying to invent an excuse for his Officers' violating Police procedure, Polish Law, and my childs' post-mortem.
Perhaps he is seeking someone to blame?
Perhaps he is doing a huge amount of Legal research to try to find a justification for the violations and unlawful actions carried out under his authority?
Who knows? Certainly not me, the victim, the Father of a beautiful child whose death was compounded, is compounded, by the actions of the Officers' under Komendant Gawliks' command and supervision.

As a result of Komendant Gawliks' entirely predictable failure to respond in any way to my letter about misconduct by those under his authority, and his failure to enforce his authority to ensure Police procedure and the Law is enforced, by those he commands, further Legal action has become both necessary and unavoidable.

I will upload the documentation that I will be using in this Legal escalation. An escalation that has been forced on me solely and directly by Komendant Gawlik and his Officers.

In my next posting I will return to completing the main body of this story about Inspektor Piotr Prokipczak and his violations of duty, Law, and his drunken attack on me.

To understand more about my son Piotrs' brutal death, and what followed in the immediate aftermath, please click on the link below. I must warn that this link brings you to my blog dealing specifically with the days following Piotrs' death, and includes the actual post-mortem documents (as well as English translation).

Click :  piotrmchale@blogspot.com

Komendant Gawliks response to my complaint about Insp. Prokipczak

Today is the 27th August, and it is 7 full days since Komendant Gawlik received my letter.

As I suggested, he has ignored my letter, ignored the extremely serious issues raised, and has chosen not to answer me.

I have no doubt that Komendant Gawlik, in deciding not to answer my letter, would attempt to Justify his inaction by claiming that he has 30 days in which to reply. He might claim that he was following procedure, and that procedure, must, absolutely, inevitably, be followed by both him and his Officers.

Of course, technically, he would be correct in such a claim.

However, is it just me, or isn't it just a little ironic, and contradictory, that following my son Piotrs' death, that neither Inspektor Prokipczak, nor NadKom. Tybor followed the Law, nor Police procedure on the 31st March 2009 in connection with Piotrs' post-mortem. Clearly, Komendant Gawlik did not ensure that either of these officers, under his direct command, adhered to the Law nor followed Police procedure, but.......................

.......... when Komendant Gawlik is called upon to answer for these legal and procedural violations, he apparently suddenly feels procedure must be followed?!!!!!

Its a pity he did not feel the necessity, or duty, to ensure such attention to the Law, and Police procedure, at Piotrs' post-mortem.

I will be posting tomorrow about what occurred with Inspektor Prokipczak from March 2009 until December 2009. It was in December 2009 that he launched his violent, drunken attack against me.
I will detail this attack, my reaction to it, and what followed his attack, tomorrow.......

Ins. Prokipczaks attack and Piotrs' post-mortem, threats by Prosecutors against me, cover-ups, a brief explanation

A few readers have asked me by email why I am writing about these things now, in August 2013, more than 3 years after the attack, and 4 years after Piotrs' brutal death.

I have to answer this in two parts, the first about my complaints about Police violation of Polish law concerning Piotrs' post-mortem, and the second about the drunken attack on me by Ins. piotr Prokipczak of Gorlice Police. The second part I will answer in my next posting.

The first part of my answer is simply that before now I was not in possession of all the documents that detail everything that happened from March 2009 through to December 2009, when the so-called investigation into Piotrs' death was happening. The Polish State, through both the Police and Prosecutors, for almost 3 years, denied me all of my rights as Piotrs' father. This meant I could not access any information or be involved in the investigation into my own childs' brutal death. It is only through a series of Court cases that I have had my rights restored by the Polish Courts. I have then, despite prevailing Polish and European Law, had to have virtually all of this documentation translated from Polish to English, in order to comprehend it.

The Polish State Police and also its Prosecution Service, have repeatedly denied me my legal rights, have ignored (or worse,claimed to have "lost") my criminal complaints, ignored crucial evidence that I provided to them, and worse again, particularly through the misconduct of many Prosecutors in the Prosecutors office in the city of Nowy Sacz (Prokurator Rejonowy w Nowym Saczu) ,  led by Chief Prosecutor Artur Szmyd. They have been guilty of so many instances of misconduct, violations of my rights, and as I say, worse*, in the past 3 years that a separate blog would be necessary to write about them all (now there is an idea).

To explain my experience with the Prosecution service I need to explain, to those of you who are not Polish, the structure of the Polish Prosecution service. I apologise for the detail, but most people outside of Poland would have no knowledge of the structure.

At the top is Prokurator Generalny, currently Andrzej Seremet (at the time of writing).

Each state/province within Poland has a Prokurator Apelacyjna, in Krakow this is Artur Wrona.
Prokurator Apelcyjna Wrona has a large number of offices, called Prokurator Okregowa, under his authority. these are, effectively, regional Prosecutors offices'.

Each Prokurator Okregowa has between 8 and maybe 12 Prokurator Rejonowy offices under his authority. Most cities and large towns in Poland have a Prokurator Rejonowy office.Despite the name, in English we would refer to these as district offices.

In Nowy Sacz, the city where my cases should have been investigated, The Regional Prosecution office is headed by Prokurator Okregowa Janusz Iwinski, the district Prosecution office is headed by Prokurator Rejonowa Artur Szmyd. So, Prokurator Iwinski is Prokurator Szmyds' direct boss.


Just for information purposes, I will upload letters from Prokurator Okregowy w Nowym Saczu, Janusz Iwinski, in which he admits various Prosecutors under the authority of Prokurator Rejonowy Artur Szmyd are guilty of Prosecutorial misconduct and indeed refers to the fact that his office (Prokurator Okregowy) will be directly supervising my cases in Prosecutor Szmyds' office to ensure no more misconduct would occur. This supervision failed, as Prosecutor Okregowy Iwinski would later write even more letters to me admitting further misconduct and critical legal "errors" committed by Prosecutors in Prokurator Rejonowy Nowy Sacz. My favourite, most laughable, but extremely significant misconduct committed by Prokurator Rejonowy Szmyd, was to refuse to provide me with any letters or documentation in English as required by both Polish and European law. He even claimed to a Polish Court that I could speak Polish and wrote many letters to him which had "quite good Polish".  Since I do not speak Polish, (I know how to say : hello, goodbye, thank you, beer, cigarettes etc but not well enough to write them), and had my letters translated from English to Polish, I am very glad that, in Prosecutor Szmyds' opinion, the Polish language in these letters was quite good!
When I challenged Prokurator Rejonowa Szmyds assertion in Court (about this violation of my rights), the Polish courts, in more than one decision, ordered that all documentation must be provided to me in English.  Decisions that Prosecutors' continue to violate and disregard. Utter contempt.

So, why am I writing about his now, after 3 years or more? Simply, I had parts of the puzzle, but not enough to see the full picture. I now have what I need to pursue the Police for their failures and misconduct. I have the internal Police documentation which proves their violation of Law, and incompetence (at best) during the so-called investigation into Piotrs' brutal death.

Finally, on the subject of Prosecutors, I earlier referred to "worse" behaviour by Prosecutors. This was a verbal attack, which included threats, carried out by Prokurator Pawel Mrozowski, who works for Prokurator Rejonowa w Nowym saczu Artur Szmyd (yes, him again). In this attack, Prosecutor Mrozowski, who was supposed to be investigation crimes committed against me, decided that my complaints about his misconduct were so irritating, that he , and here I repeat what he said, had discussed the situation with his Boss (Prokurator Rejonowa Szmyd), and they had decided to make a criminal case agains..........me, the victim !
Prosecutor Mrozowski said he didn't care if I complained more about him, in fact, he even suggested I go ahead and do so, he didn't care! He said he would use the full force of the Law against me. So, a crime victim, a foreigner, whose child had died the most appalling death, was now to have a criminal case created against him, by Prosecutors', because I was a thorn in their side!

This, truly, was yet another of my experiences of Polish Justice, as provided by Prokurator Rejonwy w Nowym Saczu.

Now, of course you will ask, if  I do not speak Polish, and Prosecutor Mrozowski cannot officially speak in English, how do I know exactly what he said?

Well, because of language , the Polish State is legally obliged to provide a foreign crime victim with the services of an interpreter during all contact with Police and Prosecutors. This is, mostly, perfectly effective, except when a Prosecutor does not allow time for the interpreter to translate!

So, as I am legally entitled to do, (as these meetings were intended, solely, to provide me with information about the criminal cases in which I was the victim), I digitally recorded the meeting with Prosecutor Mrozowski in December 2010. 

Interestingly, when I complained to Prosecutor Szmyd about the threats made by Prosecutor Mrozowski, he, and I quote, said it was my "subjective opinion" that I had been threatened!
So I, a foreigner, already the victim of false accusations issued by the Polish state, the victim of crime, was being threatened by a Prosecutor, and it meant nothing because it was my "subjective opinion" that I was being threatened!
My fear was very real, and well founded. These people had been ignoring the Law, committing misconduct, and were now threatening me, as a foreigner I was terrified at this blatant corruption and illegality. Incredible Justice.

Another question of course....if this really happened, why don't I prove it? Good question.So, I will, to all of you. If you want to listen to these threats as spoken to me by Prosecutor Mrozowski, in his own words,, and read an English language transcript of the entire episode, just click on the links provided below. This is the recording of the meeting with Prosecutor Mrozowski. You decide if he is behaving in my interests as the victim of crime,or if he is threatening me ..........

Polish language : prokuratorgrozilpokrzydzonemu.blogspot.com 

English transcript, with original recording: victimbillmchalethreatenedbymrozowski.blogspot,com

Once again, thank you for all your emails and support, I will post tomorrow about Inspektor Piotr 'Prokipczaks unprovoked drunken attackon me, what led to it, and what happened very soon afterwards.

Emails i received from readers about lnsp. Prokipczak and my letter to Komendant Gawlik

I have received some emails about what has been posted on the blog this week, both my postings and the letter I have sent to Komendant Gawlik, so as promised I will answer the points raised by your emails. I will not identify the full name of those of you who wrote to me, but I am very grateful that you took the time to email me, and am happy to answer as fully as possible. In this post I will answer the first point that some of you wrote to me in your emails.

The first question that has been put to me, is why I asked Komendant Gawlik to reply to me within 7 days. This is answered quite simply. Firstly, I wrote the letter in order to provide Komendant Gawlik with an opportunity to answer me directly, which was done as a courtesy to him, nothing more. I hope to avoid a long , drawn out criminal investigation into what happened at Piotrs' post-mortem, and why it happened, so wrote to Komendant Gawlik.

In Poland, both the Police and Prosecution service have, by Law, 30 days to reply to a letter such as I sent to Kom. Gawlik.

Unfortunately, it has been my (and many others) sad experience that both the Police and Prosecution Service interpret this law, not as being a legal duty to answer within 30 days, rather they interpret it as a licence NOT to answer before the 29th or 30th day.
In any other job or profession, if 30 days elapsed from receiving a letter, to when it was replied to, the world would come to a grinding halt!

Secondly, the violations of law and procedure by Officers' under Komendant Gawliks' authority referred to in my letter, are not the first time I have suffered such abuses of law by the Police in Poland.

If Komendant Gawlik is too busy, or has more important issues to deal with, and therefore cannot speak with 2 of his officers (Ins. Prokipczak and NadK. Tybor), whose workplaces are within 10 metres of his own office, in less than 7 days, to establish the facts of what occurred in March 2009 regarding my dead son Piotrs' post-mortem,  then clearly I must respect his prioritisation.

He is the most Senior Police Officer in the Gorlice area, an area of some 70 square km. Komendant Gawlik has many years of Police management experience, Komendant Gawlik has many years of legal and police training to call on. Komendant Gawlik has the resources of the entire Polish State at his disposal. I am just the father of a baby son who died violently, who died in no way a natural death*, I am just an ordinary man fighting for Justice for my dead son and for myself. If these unlimited resources do not, within 7 days, permit Komendant Gawlik to ask Ins. Prokipczak "why did you unlawfully attend a post-mortem?", and the other extremely sreious questions I raised in my letter, then that is , frankly, unbelievable, and gives the impression, certainly to me, that Komendant Gawlik has real difficulties in answering my letter. If my letter is indeed in any way difficult to answer for Komendant Gawlik, then that will, I believe, only be because of  violations of Law, procedure and sworn duty of officers under his direct command.

I have to explain that, under Polish Law, Komendant Gawlik is not doing me a favour by answering my letter, Komendant Gawlik is not doing me a service by answering my letter, Komendant Gawlik is not doing something special by answering my letter. Komendant Gawlik in fact , under Polish Law, is not entitled to ignore my letter, quite the opposite in fact- he is legally obliged to answer my letter, and in full. In the most simple terms, it is his sworn duty to answer my letter, and every question contained therein, in full. It is this Legal situation which entitles every crime victim in Poland to hold the Police to account for their actions. A truly democratic legal situation.

So in sending this letter to Komendant Gawlik, I was not being rude, or ignorant, or doing anything that any crime victim in Poland cannot do, and indeed crime victims in Poland do exactly the same every day.

So at the risk of repeating myself, Komandant Gawlik must answer my letter, in full.

And Truthfully.

I also want to say (because I was asked in one of the emails I received) that in matters of Law, both criminal and commercial, it is not unusual to inform the recipient of a letter such as I sent to Komendant Gawlik, that a time for response is included. It is not included as an attempt to be either rude or disrespectful to the recipient, rather it points out that the situation is such that either a response is received or further legal action will occur. I think we have all heard of situations where a company sends a computerised letter for payment to a client, with just such a 7 day limit included, or a commercial offer is made that is only available for 7 days..

If Komendant Gawlik, having been informed that a 7 day limit exists, chooses not to answer, that is , absolutely, his choice and his decision. A choice , a decision I will respect unreservedly.

Just as I am sure he respects my choices, my decisons, and my Legal rights.

Unlike his Officers' during the post-mortem following Piotrs' death.

I, after 4 years and 5 months of obstruction, abuse, and admitted Prosecutorial misconduct**, am not concerned with Police manipulation of procedure for their own purposes in this situation, I am only interested about getting to the truth, and obtaining Justice for Piotr , and for myself.

I hope this answers your questions about how I wrote my letter, in English, and its translation to Polish. In my next post I will answer the other question that quite a few of you asked in your emails.

Thank you all for your support of this and my other blogs, and please keep sending me your emails to justiceforpiotr@gmail.com

*      I will write in more detail about this in my next postings
**    I will write in more detail about this in my next postings

UPDATE- So, now that you know exactly what Prokipczak did in violation of the law and his drunken attack on me, what happens now, Komendant Gawlik?

In my previous posting I uploaded the letter I have sent to Komendant Michal Gawlik in Gorlice, asking why Inspektor Prokipczak acted unlawfully and without authority in connection to Piotrs' post-mortem. There has been an interesting reaction to the letter, (more about this in my next posting), but not from Komendant Gawlik, which is no surprise!

Thanks to modern technology I tracked the letter and its delivery, and am waiting to see whether or not the letter is answered by Komendant Gawlik.I expect not, for obvious reasons, however, he may well do the typical Polish Police/Prosecutors favourite action, which is total inaction for 30 days, before sending a "reply" long on supposition, suggestion and self-justification, but short of fact, direct answers or explanations, in which case I will just have to take the next step in trying to get explanations and Justice.

This blog is inextricably linked to another blog I am writing about my son Piotrs' appalling death in Gorlice in 2009, and my fight for Justice for him, and for myself.

It is also linked to my blog about Piotrs' mother, Oliwia Oleksyk, her extraordinary behaviour and attempt to frame me for my own childs' murder, as well as detailing the crimes she has already been convicted of committing against me, a list of crimes, and convictions that continues to grow.....

So, please click on the links below to read about the full background as to why this blog was created, and my ongoing fight for Justice for both my son Piotr, and for myself.

nojusticeinpoland.blogspot.com

polishcriminal.blogspot.com

In another post, I detailed how it came to pass that a drunken, out of control Inspektor Piotr Prokipczak launched an unprovoked attack on me in a Pub in Gorlice, in front of many witnesses.  A small element of this is contained in my letter to Komendant Gawlik, but the full details are essential to understanding what this man did to me that night, how I reacted to his attack, his attempts even after the attack, to continue to have involvement in cases in which I was the victim, and how I had to confront him, in front of a witness, in his own office, to ensure he could no longer influence cases in which I was the victim.
To read about Prokipczaks attack on me, please just click on this link:
http://piotrmchalepiotrprokipczak.blogspot.com/2018/03/prokipczaks-crazed-attack-this-is-what.html
and then his panic the next day......
http://piotrmchalepiotrprokipczak.blogspot.com/2018/03/the-day-after-prokipczaks-attackmr-big.html

I again want to thank those of you who have sent me emails, and remind you all that I cannot permit comments on the blog at this time (for obvious reasons), but if you want to contact me with questions, comments or anything else, please email me at (this is NOT a link you will have to copy and paste it to your email) :

 justiceforpiotr@gmail.com

UPDATE- Ins. Prokipczak breaks the law, more than once, so I write a criminal complaint to his Boss, (read it in full here in both English and Polish),what will that boss, Komendant Michal Gawlik, have to say? What will he do....not much I suspect.....

In my previous postings I wrote about Inspektor Piotr Prokipczak violating Polish law, and Police procedure, when he attended my dead son Piotrs' post-mortem without any Legal authority to do so. I also wrote about (and posted in both Polish and English) the official Police note he authored following the Post-Mortem, which contained falsehoods, indeed, lies , as he recorded, as fact, in that note, the false statement  that Oliwia Oleksyk had been a victim of "the beating". No beating ever occurred, it was an invention in Oliwia Oleksyks' twisted mind to try to cover up the truth, and to frame me for murdering my own child. A criminal exercise that failed completely, (despite the incompetence and worse of both Polish Police and Prosecutors), but nonetheless was acted on by Ins. Piotr Prokipczak, when he later launched a drunken, violent, unprovoked attack on me in a Pub in front of many witnesses, (an event which I will detail later in this blog).

So below, ( English language version is marked as pages 1 - 4, the Polish language version, as sent to Komendant Gawlik is marked pages 5-9 ), I have as promised, posted my letter to Ins. Prokipczaks' commanding Officer, Komendant Michal Gawlik, who is in charge of the entire Police operation in Gorlice and the surrounding area. As can be seen by Ins. prokipczaks' note, he attempted to justify his violation of Law by blaming another senior officer K. Tybor, for the "order" to attend the Post-mortem.

Many of you will be familiar with the concept previously used by senior Officers of State authority to explain away their violations of Law by claiming that they were "only following orders", however, an unlawful order is just that, an unlawful order, and is no defence for Ins. Prokipczaks' conduct, nor for the slanderous, incompetent, untrue statements contained in his note. I await komendant Gawliks' reply with great interest. However, I will not be holding my breath while waiting! I have experience of Komendant Gawlik and how he behaves, so expect that he will not answer me, or in the very unlikely event that he does reply, he will simply blame someone else, I certainly do not expect that he will take responsibility for the conduct of the Officers under his command, that is not his style. 

 1 - 4

5 - 9

 

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.