So, having conveyed to Prokipczak, through a mutual acquaintance, that I would be willing to meet with him, as long as he bought flowers and chocolates by way of an apology to each of the ladies he had terrified, as long as he apologised to each of them, as long as he brought his girlfriend (and boy was that a mistake!), and our mutual acquaintance was present, then yes, I would meet with him.
You should also be aware that Prokipczaks girlfriend neithers speaks not understands English, at all, and it is a highly relevant fact to be recalled later on.
He rolled over like a puppy in fear, agreed to my conditions, and the meeting was arranged, in the same place where he had launched his vile disgusting attack upon me.
I ask you to pay attention to what he said when we met, its important when compared to what he would later tell his own Boss (Gawlik) when asked about it, and also, totally different to what he falsely stated in Court, under oath, just last year. (Why he was in Court I will explain later as the full story unfolds).
Prokipczak arrived for the meeting looking very sheepish, for him , the next 20 minutes were important, given the outlook if I didn't accept his apology. His girlfriend however, was a different thing completely, from the outset she was angry, rude, and clearly felt humiliated, she took her ire out on me , as though I had caused the problems, and her "poor little Piotr" should not have to go through this degradation. I reminder her that meeting was his idea, not mine.
Prokipczak, in brief, apologised for calling me a Murderer, apologised for calling me a woman beater, apologised for accusing me of being violent, apologised for being aggressive, apologised for touching me, apologised for threatening to slit my throat, all very rote, none of it meant, none of it sincere, apart from the fact that he was obviously sorry (for himself) for fear it would cost him his job, career, reputation and more.
As the conversation continued, his girlfriend now decided to have her say (in Polish remember):
"Whats wrong with you (she said to me), THAT baby is dead, get over it, why are you still going on about IT"?
Our mutual acquaintance had the horrible situation of having to translate this outburst from Polish to English in order that I could understand. Prokipczak nearly exploded....seeing the chances of me accepting his apology sailing down the river, and a criminal case coming ever closer to him. He tried to quieten his girlfriend, who would not shut up, and an argument between them ensued.
You could not make tis up.
How crass, how ignorant, how stupid, how disrespectful to my son Piotr could this woman be, or to me as a Father who had buried my baby child?
I left where we were sitting, I couldn't listen to this ignorant, uncaring, arrogant, lying woman for one more second.
My friend came to me, she asked me, please, to ignore Prokipczaks girlfriend, she asked me please to accept his apology, even though it wasn't meant. The fact was, and is, that Gorlice is a very small town, everyone knows everyone, in certain Professions there is a perverted sense of loyalty, which is founded on knowing someone, and you cover for them no matter what they have done. The reality was, Prokipczak was not sorry, his girlfriend had just caused appalling outrage and anger with her twisted words, but, I owed my friend, she was concerned for herself, her job, if I reported Prokipczak.
For that reason, and that reason alone, I agreed to her request.
I went to Prokipczak and offered my hand, I warned him to stay away from me, I warned him not to speak to me, I warned him that if any of my criminal cases crossed his desk, he was to immediately recuse himself from any and all connection to them- I, obviously, didn't trust him, nor how he did his job, and I did not want any of my criminal cases against others to be contaminated by him. I told him that I would not make a criminal report, in fact I meant all of these things at that time.
However, soon I was to discover the truth about Prokipczak, how he had lied to me in his apology, how he knew things that I did not about my son Piotrs death. How they each knew that Prokipczak was the first Policeman on scene at the Post-Mortem, how he had broken the law, how he had no legal authority or right to be there, how he had concocted lies in his official Police note made at the time. How he had made false allegations but stated them as fact, in that note.
Had I known any of this at the time, I would have never agreed to meet him, never mind accept his apology. I think they knew this, so no one told me, I had to find it out myself, much, much later.
Judge me if you wish, but once I knew the full truth about Prokipczak, I did not feel bound to stay silent about him, his apology barely scratched the surface, so why should I feel honour bound when I had been lied to?
But all of this came later, and resulted in, conservatively, lies, cover ups, corrupt practice and eventually perjury.
But no Justice for myself, nor for my Piotr.
I will detail all of this, how it came to pass, and how the Polish State once again went into cover-up/lie/cheat/break-the-law mode, twas ever thus.
Thursday 29 March 2018
Tuesday 27 March 2018
The day after Prokipczaks attack.....Mr Big Polish Policeman gets all worried...and pleads ......
The day after Prokipczaks attack on me, he got scared, he got worried, he got gutless, he was, simply, himself.
He managed to figure out that he was now potentially in serious trouble. This could be bad for him, his career, his future, for many reasons. (At that time I did not know some of the reasons why he was so worried, that would take another year or so, when I discovered his involvement in the so-called investigation into Piotrs death).
So, he did what any man would do....he phoned a friend of mine (who I had got someone to phone the previous night to get Prokipczals girlfriend to come and get him). He said that he was "weally weally sowwy" for what he had done. He knew what he had done, blah, blah, blah.
This mutual acquaintance then contacted me, asking me if I was willing to meet Prokipczak, she told me that he was sorry, that he wanted to apologise, she asked me to please do this as a favour to her, not for Prokipczak.
Now this friend had been very good to me, had been kind to me, despite all the rumour and innuendo directed at me, despite the attacks, despite Oleksyks lies, she knew I had done nothing wrong at any point, and she, and 2 other people in Poland at the time, as well as those in the Irish Embassy in Warsaw, were where I found my strength to carry on in an impossible, and frightening situation.
She asked me pleasee not to go to the Police and report Prokipczak the drunken thug, she asked me please to listen to him. I owed this lady more than I can express, so could not refuse.
I agreed to meet with Prokipczak, but added conditions before I would do so:
1/. He had to apologise to all 5 Ladies who were present when he attacked.
2/. He had to buy each one of them flowers.
3/. he had to buy them chocolates.
4/. I would decide where we met, and that his girlfriend (who speaks no English (remember this fact, it is very important) must also be present, as well as out mutual acquaintance who would act as interpreter (I neither speak nor understand Polish).
Prokipczak readily agreed to my terms.
So a meeting was arranged, the details of which, and what Prokipczak had to say, I will post later.
He managed to figure out that he was now potentially in serious trouble. This could be bad for him, his career, his future, for many reasons. (At that time I did not know some of the reasons why he was so worried, that would take another year or so, when I discovered his involvement in the so-called investigation into Piotrs death).
So, he did what any man would do....he phoned a friend of mine (who I had got someone to phone the previous night to get Prokipczals girlfriend to come and get him). He said that he was "weally weally sowwy" for what he had done. He knew what he had done, blah, blah, blah.
This mutual acquaintance then contacted me, asking me if I was willing to meet Prokipczak, she told me that he was sorry, that he wanted to apologise, she asked me to please do this as a favour to her, not for Prokipczak.
Now this friend had been very good to me, had been kind to me, despite all the rumour and innuendo directed at me, despite the attacks, despite Oleksyks lies, she knew I had done nothing wrong at any point, and she, and 2 other people in Poland at the time, as well as those in the Irish Embassy in Warsaw, were where I found my strength to carry on in an impossible, and frightening situation.
She asked me pleasee not to go to the Police and report Prokipczak the drunken thug, she asked me please to listen to him. I owed this lady more than I can express, so could not refuse.
I agreed to meet with Prokipczak, but added conditions before I would do so:
1/. He had to apologise to all 5 Ladies who were present when he attacked.
2/. He had to buy each one of them flowers.
3/. he had to buy them chocolates.
4/. I would decide where we met, and that his girlfriend (who speaks no English (remember this fact, it is very important) must also be present, as well as out mutual acquaintance who would act as interpreter (I neither speak nor understand Polish).
Prokipczak readily agreed to my terms.
So a meeting was arranged, the details of which, and what Prokipczak had to say, I will post later.
Prokipczaks crazed attack, this is what he did.......
I ask you to understand that it is impossible for me to vividly portray the violence of Prokipczaks attack, its effect on me that night, and the fear it instilled, not only by this one pathetic thug, but from the Polish State, this would not be my first encounter with thuggish Polish Police, nor my last. But, at that point, it was the most significant. The fear was not physical, it was much broader than that, and I was right to be afraid, as the violence and threats would continue, from all manner of Polish State actors, for some time to come......to the point that my own Embassy, one and a half years later, when I had returned to Poland to again try to make a statement, advised me to leave Poland and not return, for my own sake.
In the second week of December, some 6 months after my son Piotrs death, I was sitting alone having a drink in a Bar, there were other customers present, who I knew by sight and to say Hello to, Prokipczak was there, drunk as usual......then
Suddenly he jumped up, came at me very aggressively, and started screaming at me. He speaks a little English, and slipped from English to Polish and back again. I will give the basics of the attack and what he said, but understand that this attack lasted for maybe 30 minutes, even longer, while Prokipczak repeated himself over and over, getting ever more aggressive and thuggish.
He accused me of being a Murderer, he screamed that :
"since you like to hit women so much why don't you try to hit a man?"
He kept egging me on to hit him, pushing me, grabbing me, but being a normal human being, with some self-control, I had no intention of hitting him (much as I might have wanted to), on and on he went, so I said to him
"Do you think I'm stupid? Do you really think I'm going to hit a Policeman? Nice try, but it doesn't work".
He then screamed that he would not use his job to arrest me, if I hit him !!
The last time I hit someone I was about 15, and it was on a Rugby pitch, not my style nor has it ever been to resort to violence.
He then ranted and raved, while standing about 5cms from my face, his spittle covering me as he got ever more out of control.
A group of 3 ladies who were at a table nearby were so scared at this point, that they left their drinks, grabbed their coats and fled the pub, for fear of what was happening.
Next Prokipczak told me that I would be dead, that he would slit my throat (whilst simultaneously also making a gesture of slitting it) and told me that my body would be found in a nearby river.
Please remember that I was a foreigner, in a strange place, in Poland, not speaking the Language, having no idea what he was talking about, or why, and knowing full well that as a Policeman in Poland he was untouchable. No matter what he did to me, he would be untouched, ranks would close around him, the State would protect him (as it did), and I would have no protection whatsoever. I did not want to be in this place, this town or this Country, I was there to try to get to the truth about my son Piotrs death. I was there to get Justice for my baby, and to expose what happened to cause his horrendous death. I had had enough of Poland, and its lack of honesty, integrity and Justice, and now a Senior Police officer was threatening to kill me.
Now the nightmare and fear of what would happen to me in this Country was growing by the day.
It has to be explained that Polish Pubs do not phone the Police when there is trouble, they hope it goes away, they try to pretend its not happening, but, call the Police? Never.
In this situation no one was going to call the Police- it would only mean that Prokipczaks own officers would arrive, and what were they going to do? Arrest him? What a joke that idea is!
In the end, at my pleading, a phone call was made to someone I knew, who had introduced Prokipzcak to his girlfriend, and asked that she get the girlfriend to go to the Pub to take control of Prokipczak. Thankfully, some 30 minutes into the attack, this happened,
She , after many attempts, bodily dragged Prokipczak out of the Pub, I was shaking, angry, scared, rattled, ready to explode, a million things going through my brain.
Why had it happened?
What was he talking about?
I knew there was gossip and lies being spread by Oleksyk about me, but this was a Policeman, how could he think it, how could he do what he had just done?
Confusion reigned, and I decided there and then that he would pay for what he had done to me, he would face the consequences, I would report him to the Police, to the Prosecution service, I had 5 witnesses, I had his girlfriend too, I had the bar staff, surely at least some of them would tell the truth, even if they were scared of the Police? Surely?
This night of horror was over, but, events with Prokipczak were not- not long by a long chalk.
In my next post I will detail what he did next, what I did, and later I will detail again what did happen when I finally reported this criminal thug, who works as a Policeman.......(hint- this is Poland).
The first thing that I knew of Prokipczaks illegal attendance at the Post-mortem following Piotrs death, his false notes made, and him having any involvement whatsoever in the so-called investigation into Piotrs death, I would only be aware of about 1 year later, This is important to remember if you are to understand what happened.
In the second week of December, some 6 months after my son Piotrs death, I was sitting alone having a drink in a Bar, there were other customers present, who I knew by sight and to say Hello to, Prokipczak was there, drunk as usual......then
Suddenly he jumped up, came at me very aggressively, and started screaming at me. He speaks a little English, and slipped from English to Polish and back again. I will give the basics of the attack and what he said, but understand that this attack lasted for maybe 30 minutes, even longer, while Prokipczak repeated himself over and over, getting ever more aggressive and thuggish.
He accused me of being a Murderer, he screamed that :
"since you like to hit women so much why don't you try to hit a man?"
He kept egging me on to hit him, pushing me, grabbing me, but being a normal human being, with some self-control, I had no intention of hitting him (much as I might have wanted to), on and on he went, so I said to him
"Do you think I'm stupid? Do you really think I'm going to hit a Policeman? Nice try, but it doesn't work".
He then screamed that he would not use his job to arrest me, if I hit him !!
The last time I hit someone I was about 15, and it was on a Rugby pitch, not my style nor has it ever been to resort to violence.
He then ranted and raved, while standing about 5cms from my face, his spittle covering me as he got ever more out of control.
A group of 3 ladies who were at a table nearby were so scared at this point, that they left their drinks, grabbed their coats and fled the pub, for fear of what was happening.
Next Prokipczak told me that I would be dead, that he would slit my throat (whilst simultaneously also making a gesture of slitting it) and told me that my body would be found in a nearby river.
Please remember that I was a foreigner, in a strange place, in Poland, not speaking the Language, having no idea what he was talking about, or why, and knowing full well that as a Policeman in Poland he was untouchable. No matter what he did to me, he would be untouched, ranks would close around him, the State would protect him (as it did), and I would have no protection whatsoever. I did not want to be in this place, this town or this Country, I was there to try to get to the truth about my son Piotrs death. I was there to get Justice for my baby, and to expose what happened to cause his horrendous death. I had had enough of Poland, and its lack of honesty, integrity and Justice, and now a Senior Police officer was threatening to kill me.
Now the nightmare and fear of what would happen to me in this Country was growing by the day.
It has to be explained that Polish Pubs do not phone the Police when there is trouble, they hope it goes away, they try to pretend its not happening, but, call the Police? Never.
In this situation no one was going to call the Police- it would only mean that Prokipczaks own officers would arrive, and what were they going to do? Arrest him? What a joke that idea is!
In the end, at my pleading, a phone call was made to someone I knew, who had introduced Prokipzcak to his girlfriend, and asked that she get the girlfriend to go to the Pub to take control of Prokipczak. Thankfully, some 30 minutes into the attack, this happened,
She , after many attempts, bodily dragged Prokipczak out of the Pub, I was shaking, angry, scared, rattled, ready to explode, a million things going through my brain.
Why had it happened?
What was he talking about?
I knew there was gossip and lies being spread by Oleksyk about me, but this was a Policeman, how could he think it, how could he do what he had just done?
Confusion reigned, and I decided there and then that he would pay for what he had done to me, he would face the consequences, I would report him to the Police, to the Prosecution service, I had 5 witnesses, I had his girlfriend too, I had the bar staff, surely at least some of them would tell the truth, even if they were scared of the Police? Surely?
This night of horror was over, but, events with Prokipczak were not- not long by a long chalk.
In my next post I will detail what he did next, what I did, and later I will detail again what did happen when I finally reported this criminal thug, who works as a Policeman.......(hint- this is Poland).
The first thing that I knew of Prokipczaks illegal attendance at the Post-mortem following Piotrs death, his false notes made, and him having any involvement whatsoever in the so-called investigation into Piotrs death, I would only be aware of about 1 year later, This is important to remember if you are to understand what happened.
Monday 26 March 2018
Piotr Prokiczaks attack on me, why he decided he had a "right" to do it.......
To remind you all, I only discovered the following facts about Oliwia Oleksyks false statements, some year, 2 years and even 4 years after events transpired, as the Polish State ignored me entirely as a Father, went on a witch-hunt based on Oleksyks lies and false allegations, and when those lies and false allegations were shown up, they simply covered up their ineptitude and misconduct throughout, and Piotrs death was never actually investigated.
I remind you that in the 9 years since Piotrs death I have still not been given my rights as a Father, and have never been permitted to make a statement to the Police or Prosecutorial authorities about his death. I have been bullied, threatened, lied to, but never have succeeded in making a statement.
This despite the intervention of Brian Crowley MEP (Member of the European Parliament), and the Irish Government, Poland was not for moving on this.
One senior Official, Piotr Kapustka, even had the temerity to write a lengthy tome to Brian Crowley claiming that I had, at all times, been granted my full rights. This was blatant lies,
else why have I never been permitted to make a statement, and indeed, when I attempted to do so, why was I threatened and assaulted in a Police station?
Why on another occasion when I attempted to make a statement was it necessary for me to urgently phone the Irish Embassy in Warsaw asking for protection while I was in Gorlice Police station?
Why, when I was in the Prosecutors office in Limanova, and attempting to make a statement, was I told by the Prosecutor that she had received a written instruction (which she showed to me) from Prokurator Janusz Iwinski of Nowy Sacz, instructing her NOT to let me make any statement in connection with Piotrs' death?
Why did that Prosecutor then threaten to have me arrested and charged if I continued to try to do so, or if I (a victim of crime remember), would not just make a statement as she wished me to make?
Freedom, Justice? Poland?
So, the attack on me by Prokipczak occurred before any of the above had happened, before I knew anything about the content of any but the first of Oleksyks' false statements. The attack on me by Prokipczak occurred when I knew nothing, had been denied even my most basic rights at every turn, but still had been the subject of a witch-hunt and blatant criminality by the Polish State.
I will post on how this happened, what the Police and Prosecutors did, and did not do, which defies understanding, legitimate explanation, and is also in direct violation of the Law, but, hey-ho, this is Poland.
The order of what happened in 2009, just prior to Piotrs death, and the weeks that followed:
Oliwia Oleksyk had made four false statements containing false allegations against me, in March and April of 2009, while Prokipczak launched his attack on me in December 2009, when his only source of "information" was the false statements of Oliwia Oleeksyk he had in his possession, as the Police officer involved in the investigation, in fact first man on the scene.
Please remember I did not know this man other than as a pathetic drunk in the corner, and had no idea whatsoever that he was in any way involved with the so-called investigation into Piotrs death, I knew nothing, and that was the way the Polish state wanted it to stay...
The chronology of the statements, how they came to be, and a Polish Courts opinion of Oleksyk , and her false statements, her being recognised by the Court as a Liar, perjurer and manipulator, when I finally managed to get them into a court some 3 years later
1/. On the 9th March 2009 she made her initial false allegation, in a sworn statement to Gorlice Police, BUT. before doing this, Oliwia Oleksyk, who was about to claim falsely under oath that she had been assaulted.....
brought a pair of my jeans to be repaired.....having done that, and gotten the receipt (which she then gave to me....) off she went to play the victim, just as she had threatened to do many times, unless I gave her money. She had also threatened to have me killed, and indeed had stabbed me with broken glass more than once.
She told me she had done this, to which, I responded, "great, I have enough video and email evidence of how you are acting to maybe get them to force you to protect the baby"
You will remember Oleksyk within a month had stolen my laptop, and had the entire hard drive removed, thus removing evidence , (please click on the following link to see all convictions handed down against Oliwia Oleksyk for crimes committed against me, including this one- though again, Prosecutor Pawel Mrozowski tried to sabotage this case as well).
I also remind that I had recorded the entire conversation that occurred on the 8th March on my phone, as I had taken to doing when speaking to Oleksyk, as she had made repeated threats against me.
For an important connected post, please click on this link:
http://nojusticeinpoland.blogspot.com/2018/03/the-trial-proper-as-it-began.html
2/.Then, on the 23rd march 2009, she withdrew the false allegations in another sworn statement.
Under Polish Law, if someone withdraws an allegation of crime, that original statement may not be used in any legal proceedings whatsoever. However, this is Poland, so applying the Law is , em, optional for those State authorities whose duty it is to apply the Law, as we shall discover......
3/. On the 28th march 2009 Piotr died from his appalling injuries.
4/. On the 1st April 2009, Dr Henryk Boloz (State pathologist) carried out the post-mortem on Piotr.
In the middle of this standard Post-mortem, Dr Boloz grew very concerned at the injuries that Piotr had suffered and which had caused his death. Following the Law, he suspended the Post-Mortem, contacted the local (Gorlice) Prosecutors office with his concerns, and the Post-mortem would continue, but now under a different Law, which provides that in the event that a crime (in this case the murder of my son Piotr), had occurred, then a "Prosecutors Post-Mortem must be carried out. This procedure was violated in its entirety.
Either a Prosecutor or a Judge must be present during a "prosecutors Post-Mortem".
Neither was present, at any time, in total violation of both Law and procedure.
A Police Officer, Prokipczak, wandered in with a Police Photographer, but was later to clam that he never did go in, rather he hung around outside (so now no one wss present in violation of the Law).
Prokipczak woud later claim that he spoke to people outside the door, and in his world, that meant it was all fine !
The "Prosecutors Post-Mortem" is a crucial procedure in investigating death in Poland, investigating a potential murder, but, hey failing to follow even the most basic Law and procedure was just fine for Prokipczak, the Police and Prosecutors in Gorlice.
5/. On the 3rd April 2009, having seen the results of the Post-Mortem, Oliwia Oleksyk made her next false statement, and now it changed- radically, her story was going to have fit the results of the Post-Mortem.
6/. On the 20th April 2009, Oliwia Oleksyk went to Gorlice Police station to request the "so-called" investigation into Piotrs death be moved from the Prosecutors Office in Gorlice, as I knew a member of staff there. The Police informed Oliwia Oleksyk that , legally, the Police have no power to take a statement if it relates to at Prosecutor, Prosecutors office, and she would have to go directly to that Prosecutors office to request the case be moved.
Between leaving the Police station, and arriving at the Prosecutors office, a time frame of some 20 minutes, Oliwia Oleskyk concocted another plan, now she would make a larger statement in the Prosecutors office, based on what she had seen in the Post-Mortem result, now she was going to blame me for the murder of my own child, despite her knowing such claims to be entirely false, and despite Dr Magdelena Kolacz being able to prove they were false....if the Polish State ever bothered to investigate that is, which they didn't. Nor did the Polish State ever speak to me following the death of my own child Piotr. They conducted a with-hunt against me, but never spoke with me, never questioned me, never arrested me, never permitted me to make a statement or offer information or evidence, nothing.
I here quote the relevant section of the binding, and final decision of HH Pyrz, as issued in my favour in July 2012 (sadly for me, the Polish State ignored this basic fact of its own Law and Constitution, but at the time I though my nightmare was almost over.....
HH Judge Ewa Pyrz, extract of decision handed down in favour of the appellant, Bill McHale:
"During her interrogation on 10.03.2009, Oliwia Oleksyk explicitly stated that on 08.03.2009 she was hit on her head by her cohabitee (best translation*) .
Then, on the 03.04.2009, she stated that on the 08.03.2009:
"He hit me several times on my face with an open hand"
"He did not hit me then, in any other way, and before that he had never beaten me"
"He never beat me on my stomach or abdomen"
The Judge then continues:
"The statements referred to above were made quite soon after the incident**. They are firm and explicit and their content raises no doubt.*
*(as to meaning and intent).
The witness (Oleksyk) did not claim that she did not remember the circumstances of the incident, or that she was not able to give evidence due to the state of shock after the baby's death*.
*(please remember that it was Oleksyks own idea to go and make this statement, no one asked he to do it).
Besides, the witnesses evidence is detailed, chronological and there is nothing in it to indicate that the witness (Oleksyk) had problems with remembering or reconstructing particular events- "
Now Judge Pyrz got to the hub of the matter:
"The witnesses (Oleksyk) next statement, given about a dozen or so days later - after obtaining the Post-mortem result is TOTALLY DIFFERENT with regard to the course of the 08.03.2009 incident. The witness (Oleksyk) (in the 20th April statement) states that her cohabitee then jerked her and pushed her on the table and the kitchen dresser work surface. She also says it was possible she hit her belly then. Further on she (Oleksyk) adds:
"Previously I did not mention the jerking and hitting my belly against the table because the policeman interrogated me three days after the baby's death and I was then broken down and in a state of shock"
This evidence in confrontation with the previous two statements which were
quoted and referred to above (of the 10th March and 3rd April) ,
SUGGESTS EXPLICITLY THAT THEY CANNOT BE TRUE - THEY ONLY CONSTITUTE AN ATTEMPT TO ADJUST TO THE CURRENT STATUS OF EVIDENCE TAKEN IN THE CASE.
It is impossible that, 2 days after the event (on the 10th March) the witness (Oleksyk) did not remember being pushed and jerked on the table and kitchen dresser.
She was not in shock then either.
Also the text of the witness's (Oleksyk) evidence of 3.04.2009 does not suggest that , due to the situation, she did not remember the course of the incident, if the evidence she gave is logical, consistent and firm.
In these circumstances, the Court finds no reason for assumption that on 20.04.2009, Oliwia Oleksyk gave evidence true to the best of her knowledge.
In the opinion of the Court, its contents indicates a typical manipulation of facts....
And CANNOT BE TOLERATED IN CRIMINAL PROCEEDINGS."
So there you are readers, a Polish Judges assessment of Oliwia Oleksyk, her lies, her perjury, her attempts at manipulation, her attempt to frame me for murder, none of which was acted upon by any Polish Police Officer, Prosecutor or authority, cover it up, hide it, deny it, ignore it, just stop McHale.
By any means possible, legal or illegal.
I remind you that in the 9 years since Piotrs death I have still not been given my rights as a Father, and have never been permitted to make a statement to the Police or Prosecutorial authorities about his death. I have been bullied, threatened, lied to, but never have succeeded in making a statement.
This despite the intervention of Brian Crowley MEP (Member of the European Parliament), and the Irish Government, Poland was not for moving on this.
One senior Official, Piotr Kapustka, even had the temerity to write a lengthy tome to Brian Crowley claiming that I had, at all times, been granted my full rights. This was blatant lies,
else why have I never been permitted to make a statement, and indeed, when I attempted to do so, why was I threatened and assaulted in a Police station?
Why on another occasion when I attempted to make a statement was it necessary for me to urgently phone the Irish Embassy in Warsaw asking for protection while I was in Gorlice Police station?
Why, when I was in the Prosecutors office in Limanova, and attempting to make a statement, was I told by the Prosecutor that she had received a written instruction (which she showed to me) from Prokurator Janusz Iwinski of Nowy Sacz, instructing her NOT to let me make any statement in connection with Piotrs' death?
Why did that Prosecutor then threaten to have me arrested and charged if I continued to try to do so, or if I (a victim of crime remember), would not just make a statement as she wished me to make?
Freedom, Justice? Poland?
So, the attack on me by Prokipczak occurred before any of the above had happened, before I knew anything about the content of any but the first of Oleksyks' false statements. The attack on me by Prokipczak occurred when I knew nothing, had been denied even my most basic rights at every turn, but still had been the subject of a witch-hunt and blatant criminality by the Polish State.
I will post on how this happened, what the Police and Prosecutors did, and did not do, which defies understanding, legitimate explanation, and is also in direct violation of the Law, but, hey-ho, this is Poland.
The order of what happened in 2009, just prior to Piotrs death, and the weeks that followed:
Oliwia Oleksyk had made four false statements containing false allegations against me, in March and April of 2009, while Prokipczak launched his attack on me in December 2009, when his only source of "information" was the false statements of Oliwia Oleeksyk he had in his possession, as the Police officer involved in the investigation, in fact first man on the scene.
Please remember I did not know this man other than as a pathetic drunk in the corner, and had no idea whatsoever that he was in any way involved with the so-called investigation into Piotrs death, I knew nothing, and that was the way the Polish state wanted it to stay...
The chronology of the statements, how they came to be, and a Polish Courts opinion of Oleksyk , and her false statements, her being recognised by the Court as a Liar, perjurer and manipulator, when I finally managed to get them into a court some 3 years later
1/. On the 9th March 2009 she made her initial false allegation, in a sworn statement to Gorlice Police, BUT. before doing this, Oliwia Oleksyk, who was about to claim falsely under oath that she had been assaulted.....
brought a pair of my jeans to be repaired.....having done that, and gotten the receipt (which she then gave to me....) off she went to play the victim, just as she had threatened to do many times, unless I gave her money. She had also threatened to have me killed, and indeed had stabbed me with broken glass more than once.
She told me she had done this, to which, I responded, "great, I have enough video and email evidence of how you are acting to maybe get them to force you to protect the baby"
You will remember Oleksyk within a month had stolen my laptop, and had the entire hard drive removed, thus removing evidence , (please click on the following link to see all convictions handed down against Oliwia Oleksyk for crimes committed against me, including this one- though again, Prosecutor Pawel Mrozowski tried to sabotage this case as well).
I also remind that I had recorded the entire conversation that occurred on the 8th March on my phone, as I had taken to doing when speaking to Oleksyk, as she had made repeated threats against me.
For an important connected post, please click on this link:
http://nojusticeinpoland.blogspot.com/2018/03/the-trial-proper-as-it-began.html
2/.Then, on the 23rd march 2009, she withdrew the false allegations in another sworn statement.
Under Polish Law, if someone withdraws an allegation of crime, that original statement may not be used in any legal proceedings whatsoever. However, this is Poland, so applying the Law is , em, optional for those State authorities whose duty it is to apply the Law, as we shall discover......
3/. On the 28th march 2009 Piotr died from his appalling injuries.
4/. On the 1st April 2009, Dr Henryk Boloz (State pathologist) carried out the post-mortem on Piotr.
In the middle of this standard Post-mortem, Dr Boloz grew very concerned at the injuries that Piotr had suffered and which had caused his death. Following the Law, he suspended the Post-Mortem, contacted the local (Gorlice) Prosecutors office with his concerns, and the Post-mortem would continue, but now under a different Law, which provides that in the event that a crime (in this case the murder of my son Piotr), had occurred, then a "Prosecutors Post-Mortem must be carried out. This procedure was violated in its entirety.
Either a Prosecutor or a Judge must be present during a "prosecutors Post-Mortem".
Neither was present, at any time, in total violation of both Law and procedure.
A Police Officer, Prokipczak, wandered in with a Police Photographer, but was later to clam that he never did go in, rather he hung around outside (so now no one wss present in violation of the Law).
Prokipczak woud later claim that he spoke to people outside the door, and in his world, that meant it was all fine !
The "Prosecutors Post-Mortem" is a crucial procedure in investigating death in Poland, investigating a potential murder, but, hey failing to follow even the most basic Law and procedure was just fine for Prokipczak, the Police and Prosecutors in Gorlice.
5/. On the 3rd April 2009, having seen the results of the Post-Mortem, Oliwia Oleksyk made her next false statement, and now it changed- radically, her story was going to have fit the results of the Post-Mortem.
6/. On the 20th April 2009, Oliwia Oleksyk went to Gorlice Police station to request the "so-called" investigation into Piotrs death be moved from the Prosecutors Office in Gorlice, as I knew a member of staff there. The Police informed Oliwia Oleksyk that , legally, the Police have no power to take a statement if it relates to at Prosecutor, Prosecutors office, and she would have to go directly to that Prosecutors office to request the case be moved.
Between leaving the Police station, and arriving at the Prosecutors office, a time frame of some 20 minutes, Oliwia Oleskyk concocted another plan, now she would make a larger statement in the Prosecutors office, based on what she had seen in the Post-Mortem result, now she was going to blame me for the murder of my own child, despite her knowing such claims to be entirely false, and despite Dr Magdelena Kolacz being able to prove they were false....if the Polish State ever bothered to investigate that is, which they didn't. Nor did the Polish State ever speak to me following the death of my own child Piotr. They conducted a with-hunt against me, but never spoke with me, never questioned me, never arrested me, never permitted me to make a statement or offer information or evidence, nothing.
I here quote the relevant section of the binding, and final decision of HH Pyrz, as issued in my favour in July 2012 (sadly for me, the Polish State ignored this basic fact of its own Law and Constitution, but at the time I though my nightmare was almost over.....
HH Judge Ewa Pyrz, extract of decision handed down in favour of the appellant, Bill McHale:
"During her interrogation on 10.03.2009, Oliwia Oleksyk explicitly stated that on 08.03.2009 she was hit on her head by her cohabitee (best translation*) .
Then, on the 03.04.2009, she stated that on the 08.03.2009:
"He hit me several times on my face with an open hand"
"He did not hit me then, in any other way, and before that he had never beaten me"
"He never beat me on my stomach or abdomen"
The Judge then continues:
"The statements referred to above were made quite soon after the incident**. They are firm and explicit and their content raises no doubt.*
*(as to meaning and intent).
The witness (Oleksyk) did not claim that she did not remember the circumstances of the incident, or that she was not able to give evidence due to the state of shock after the baby's death*.
*(please remember that it was Oleksyks own idea to go and make this statement, no one asked he to do it).
Besides, the witnesses evidence is detailed, chronological and there is nothing in it to indicate that the witness (Oleksyk) had problems with remembering or reconstructing particular events- "
Now Judge Pyrz got to the hub of the matter:
"The witnesses (Oleksyk) next statement, given about a dozen or so days later - after obtaining the Post-mortem result is TOTALLY DIFFERENT with regard to the course of the 08.03.2009 incident. The witness (Oleksyk) (in the 20th April statement) states that her cohabitee then jerked her and pushed her on the table and the kitchen dresser work surface. She also says it was possible she hit her belly then. Further on she (Oleksyk) adds:
"Previously I did not mention the jerking and hitting my belly against the table because the policeman interrogated me three days after the baby's death and I was then broken down and in a state of shock"
This evidence in confrontation with the previous two statements which were
quoted and referred to above (of the 10th March and 3rd April) ,
SUGGESTS EXPLICITLY THAT THEY CANNOT BE TRUE - THEY ONLY CONSTITUTE AN ATTEMPT TO ADJUST TO THE CURRENT STATUS OF EVIDENCE TAKEN IN THE CASE.
It is impossible that, 2 days after the event (on the 10th March) the witness (Oleksyk) did not remember being pushed and jerked on the table and kitchen dresser.
She was not in shock then either.
Also the text of the witness's (Oleksyk) evidence of 3.04.2009 does not suggest that , due to the situation, she did not remember the course of the incident, if the evidence she gave is logical, consistent and firm.
In these circumstances, the Court finds no reason for assumption that on 20.04.2009, Oliwia Oleksyk gave evidence true to the best of her knowledge.
In the opinion of the Court, its contents indicates a typical manipulation of facts....
And CANNOT BE TOLERATED IN CRIMINAL PROCEEDINGS."
So there you are readers, a Polish Judges assessment of Oliwia Oleksyk, her lies, her perjury, her attempts at manipulation, her attempt to frame me for murder, none of which was acted upon by any Polish Police Officer, Prosecutor or authority, cover it up, hide it, deny it, ignore it, just stop McHale.
By any means possible, legal or illegal.
Thursday 22 March 2018
The details of Piotr Prokipczaks violent attack on me, death threats, and weasel apology.
I will be publishing this in full detail later today, and apologise that I have not done so in sufficient detail before now.
It is shocking, appalling, and, as usual, no action was taken by the Police....hey, its Poland.
It is shocking, appalling, and, as usual, no action was taken by the Police....hey, its Poland.
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