So the trial itself related to 2 charges in the criminal indictment, the first was a "straightforward" charge of perjury, the second charge, under Article 234 of the Polish Criminal Code, relates to falsely accusing a person of a crime, and the consequences inflicted on that person resulting from the false accusation.
Prokipczak was brought under summons to give evidence, as a result of his attack on me, what he had said and done during the attack, what was contained in his weasel apology, and, because the only "source" of the false information which he used when attacking me, was the false statements and allegations contained in Police files, some even created by Prokipczak himself, Oleksyk, and other Police Officers, all proven to be entirely false within perhaps weeks of first being made.
Please click on this link for a Polish Court decision regarding the false allegations made by Oleksyk:
http://nojusticeinpoland.blogspot.com/2018/04/to-get-sense-of-indictment-no-better.html
Prokipczak , you will remember, threatened to kill me, to slit my throat, to dump my body in a river, he made wild accusations against me, and on and on it went, until I contacted someone to try to get in contact with Prokipczaks girlfriend (who I did not know and who speaks no English) to come to where the attack was going on, and take him away. Link to the "apology":
http://piotrmchalepiotrprokipczak.blogspot.com/2018/03/prokipczaks-apology-sickening-not-one-i.html
This being the background, Prokipczak walked into Court, took the oath (and was now at peril of perjury charges himself if he lied under that Oath).
The first part of the questioning to Prokipczak was simple (or should have been).
In Poland the first questions to a Witness are put by the Judge, then the Prosecution gets to examine the witness (that is the theory, in my situation I was denied this right as it related to Article 234 (see above).
He admitted to the Court that he had attacked me, he admitted that he had contacted a 3rd party after the attack, asking them to please ask me if I would meet with him as he wanted to apologise.
So far, so honest, and it was here that the honesty, under oath, ended.
Under questioning from the Judge, under oath,
Prokipczak said he had no memory whatsoever of what he had said to me during the attack.
Prokipczak said he was very drunk.
Then, in theory, it became my turn to cross-examine Prokipczak.
I was focused on the two issues, the charge under Article 234 of the indictment, the effect on me of the false allegations that had been made. These allegations being behind Pokipczaks attack on me, which he knew about, ONLY because he had access to the case file. The second issue being the appalling "official Police note" he had created when illegally attending Piotrs Post-mortem, which contained outright lies and falsehoods.
Prokipczak was a serving Police Officer.
Prokipczak had gone to the Hospital following Piotrs death, and created a completely false note, and had violated Polish Law by attending the Post-mortem.
http://piotrmchalepiotrprokipczak.blogspot.com/2013/08/what-ins-piotr-prokipczak-did-next.html
Very simply, I wanted Prokipczak, while under oath, to detail what he had done during his attack on me, and why.
Now the dishonesty.....
He denied remembering anything about the attack, other than there was an attack.....
He remembered that he had asked someone else to contact me because he was scared and wanted to save himself by apologising to me......
http://piotrmchalepiotrprokipczak.blogspot.com/2018/03/the-day-after-prokipczaks-attackmr-big.html
Now, anyone who has ever been to Court has seen how it works......the Prosecution asks the witness a question, the witness answers, the Prosecution asks follow-up questions, and on it goes. The Prosecution usually, (as I did) had a series of questions prepared, in order to elicit the full truth.
However, I asked Prokipczak this same question approximately EIGHT times:
"Do you deny calling me a Murderer"?
The Judge kept interrupting, while Prokipczak kapt rambling, obfuscating, talking for 2 or 3 minutes at a time, making it impossible for the interpreter to translate his responses in a way that I could comprehend, the Judge, and Prokipczak would talk over each other, the Judge then telling me it was irrelevant (!).....(imagine being the Prosecutor where you can understand nothing of what a witness is saying in answer to your questions, and a Judge who keeps over-talking the witness at the same time, who is also completely impossible to understand, and the interpreter simply giving up- that was my situation)
I then asked the Judge to instruct Prokipczak to answer the question , and stop making speeches...
But, the Judge told me that he WAS answering me, well, the answer to my question was either
"yes"
or
"no",
it was not a 3 minute speech in Polish, which I could not comprehend, this was typical of how the Polish Judge conducted himself throughout proceedings. Which led to a (naturally, failed) attempt to have the Judge recused.
http://piotrmchalepiotrprokipczak.blogspot.com/2018/04/prokipczak-gives-evidence-in-open-court.html
Finally, and barely heard, Prokipczak admitted that he was NOT denying that he had called me a Murderer during his attack. I heard it, it can be seen on the video of the trial, but the Judge didn't hear it, or if he did, he simply ignored it.
I then attempted to ask Prokipczak about his "apology" to me. He had raised this subject himself when speaking to the Judge, he had explained how it came to pass, so it was perfectly reasonable for me to pursue this subject, find out if he remembered his own apology, made 2 days later, when completely sober.....but, naturally, the Judge shut me down, for no apparently valid legal reason, ignoring the existence of the indictment under Article 234 completely, and so this was how the Judge protected Prokipczak......from himself......
But we were not finished, in the pre-trial submissions I had informed the Court that I intended to call two witnesses to that apology to Court to give evidence, and indeed I intended to call Prokipczaks girlfriend for the same reason.
In November I made written motions to Court to have these two witnesses called to give evidence.
In March, FOUR months later, I asked the Court about when these 2 witnesses would be called, and was informed by the Court that:
I had waited until it was too late to call these witnesses!!!
I had motioned for them in May, I had submitted written motions in November, and now, in March (10 months after the initial motion, 4 months after the written motion!) the Court was acting as though I had asked for these witnesses for the first time !
The Court, naturally, refused to call these witnesses, my case was being destroyed by the Judge,the interpreter could not translate to me, the Judge was making bizarre rulings about witnesses (more of this later), the indictment was based on 2 Articles of the Polish Criminal Code, (Art. 233 and 234) but every time I attempted to speak in regards to article 234 the Judge would interrupt and tell me "that's irrelevant" ...and on it went......it looked good for Prokipczak....it looked like he would get away with not having to tell the full truth...
But
This is Prokipczak
So he wasn't finished with his evidence, and now his girlfriend (who speaks no English), was "thrown under the Bus" (for my Polish readers that's an idiom!) by Prokipzcak, when he attempted to attack me when giving evidence, what he actually did was attack his own girlfriend, and highlighted once again that he is a despicable human being.......with memory issues it seems.....or so he claimed under oath.....
In my next post I will further expose this creep for what he is, and what he is willing to say about others, including his own girlfriend, to save his own skin,
