So Prokipczak has been approved as a witness by the Judge, so will be giving full evidence under oath, with specific regard to item b) on the indictment, that is effectively, damage caused to a person through making false allegations about that person to the Police or Prosecution service, and the damage caused by those false allegations.
Item one is a straightforward "perjury" charge, I refer you to the extract from an earlier decision made by HH Judge Ewa Pyrz of Gorlice Court in that regard, when speaking about Oleksyks false statement of the 20th April, said, among other things:
"This evidence*, in confrontation with the previous two statements** which were quoted and referred to above, suggests explicitly THAT THEY CANNOT BE TRUE- THEY ONLY CONSTITUTE AN ATTEMPT TO ADJUST TO THE CURRENT STATUS OF EVIDENCE TAKEN IN THE CASE".
* Sworn statement made by Oleksyk 20.04.2009.
** Sworn statements made by Oleksyk in the previous March.
"In these circumstances, the Court finds NO grounds for the assumption that on the 20.04.2009 Oliwia Oleksyk gave evidence true to the best of her knowledge. In the opinion of the Court, its content indicates a typical manipulation of the facts. which cannot be tolerated in criminal proceedings"
(I post this entire section of the decision below, in a case that I won against Prosecutors: IIK 107/12)
So that's pretty clear then, Oleksyk, after the results of the post-mortem were revealed, suddenly invented a whole new raft of lies, to try to frame me for murder, a false claim that Prokipczak helped along in his Official Police note of the 31st March, when he was illegally present at that post-mortem.
Prokipczak wrote a "note" to his Boss Gawlik, trying to excuse/explain away his attack on me, but, there were 5 witnesses, 5 witnesses to his apology (which was his idea), so he better not lie about what happened on the 31st March at Piotrs post-mortem, and he better not lie about what he said and did when he launched his unprovoked drunken attack on me.
I have already motioned to the Court that his girlfriend, and the person he asked to arrange for him to apologise, plus one of the other witnesses, be called to give testimony, in the event that Prokipczak even attempts to be anything other than entirely honest in his evidence.
I expect his evidence will prove two things....one, that he was at the post-mortem, two, that he attacked me and called me a murderer- with such an allegation being made by him solely because he was a Police officer, who had access to Oleksyks false statements about me. This is significant in the context of article 234 of the indictment.
I look forward to his sworn evidence, at risk of perjury for not telling the truth. His evidence will also show how the original so-called "investigation" into Piotrs death was corrupted from the first moment, how Prokipczaks note further corrupted it, and finally, how no actual investigation into Piotrs death ever took place.
This is significant in the context of both articles 233 and 234 of the indictment.
I will post the details of this, and indeed proof of this absolute investigative failure, via Police and prosecutorial documents, in the coming weeks.
HERE IS THE DECISION I QUOTED FROM ABOVE (Translation provided by the Polish Court).
HERE IS THE DECISION I QUOTED FROM ABOVE (Translation provided by the Polish Court).
