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.