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.......
Tuesday 27 August 2013
Sunday 25 August 2013
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.
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.
Friday 23 August 2013
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
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
Thursday 22 August 2013
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
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
Wednesday 14 August 2013
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
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.
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.
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