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Cracow. Beata Szydło’s accident. The investigation into the damaged evidence has been legally discontinued

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The Regional Prosecutor’s Office in Krakow upheld the decision of the Regional Prosecutor’s Office in Krakow, which discontinued the investigation into damage to evidence after the accident of the government column of former Prime Minister Beata Szydło in Oświęcim. There is no appeal against the decision. – I was not given the opportunity to know the arguments of the investigators. All I know is that the key evidence has been destroyed and no one plans to check how it happened – comments Sebastian Kościelnik, the driver of the Seicento, with whom the government limousine collided in 2017.

Maciej Duda and Łukasz Ruciński, journalists of “Superwizjer” TVN, reached the content of the letter that was sent to the Seicento driver by the Regional Prosecutor’s Office in Krakow. We read in it that the investigators upheld last year’s decision of the District Prosecutor’s Office in Krakow, which discontinued the investigation into the destruction of evidence after the accident of the government column carrying the then Prime Minister Beata Szydło. The document is dated January 25. We read in it that the decision to terminate the work by the prosecutor’s office is irrevocable.

– Despite the information I provided to the investigators, the correspondence is still sent to the old address, so I have only now read the content of the letter – says tvn24.pl Sebastian Kościelnik, the driver of the red Seicento, with which the government limousine collided in 2017.

SEE ON TVN24 GO: Collision Witness (2017) >>>

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The man emphasizes that he is disappointed with the decision of the prosecutors. He reminds that investigators had previously tried to determine who and why destroyed two DVDs. On one of them, there was a monitoring from a kindergarten located near the accident site. There were witnesses to the event.

Read also: The investigation into the damaged evidence from the case of Beata Szydło’s accident has been discontinued

– We are talking about a case that has had a very dramatic impact on my life. Key evidence has been destroyed. I would like to remind you that despite the six years that have passed since the accident, the identity of the driver who was standing behind me just before the accident has not been established – says Kościelnik.

In his opinion, the recording most likely recorded the identity of an important witness.

SEE ON TVN24 GO: Life after a collision with a government limousine >>>

– It must be emphasized that the disc on which the recordings were made was broken from the inside. It looked like a premeditated act. However, investigators have once again made it clear that they will not want to look at this issue anymore – says the man.

No arguments

Sebastian Kościelnik emphasizes that he is disappointed that the Regional Prosecutor’s Office in Krakow did not cite any arguments that led it to approve the decision on the final termination of the investigators’ work.

– I just got a notification. A short message, nothing more.

We asked Katarzyna Duda, spokeswoman for the Regional Prosecutor’s Office in Krakow, about the prosecutor’s decision.

– The prosecutor examining the content of the complaint told me that in his opinion the arguments raised in the complaint do not deserve to be considered and therefore the previous decision of the District Prosecutor’s Office in Krakow should be upheld – prosecutor Duda tells us.

Why did this argument not reach the interested party? Prosecutor Duda replies that this is due to standard procedure.

Destroyed evidence in the case of the accident of the Szydło column. The opposition is sounding the alarmEvidence from the accident of Prime Minister Beata Szydło destroyed. It is impossible to recover recordings from a damaged disc from surveillance cameras – experts from the Bureau of Forensic Expertise in Lublin informed the court. The defender of Sebastian Kościelnik talks about the client’s drama, because the destroyed recording could help determine one more witness to the accident.TVN facts

– If the decision against which a complaint has been made is upheld, we only send a notification of the decision. The interested party may apply to the district prosecutor’s office and familiarize himself with the previous arguments, which have been upheld in full force – explains Duda.

Read also: Damaged evidence in the trial after the accident of Prime Minister Beata Szydło >>>

He points out that the issue of possible destruction of evidence in this case can only be brought before the court on the basis of a subsidiary indictment, because investigators will not return to the case.

– The decision to end the investigation, as mentioned in the letter, is final and irrevocable – emphasizes prosecutor Duda.

Previously, the investigation was discontinued twice

In 2019, we were the first to report that two plates, which were evidence after the accident of the government column, were damaged. It was about DVDs – on one of them there was material from the TVN24 station of the “Czarno na Białym” program. The second one contained a monitoring record mentioned by Sebastian Kościelnik.

The prosecution claimed that the records were damaged in court. In a communiqué issued by Janusz Hnatko, spokesman for the District Prosecutor’s Office in Kraków, we read at that time that an inspection report had been drawn up by the police from the monitoring recording. Prosecutors emphasized that the damage to the plates did not affect the fate of the investigation, because – as stated in the communiqué – “all the evidence in this proceeding has already been taken”.

SEE ON TVN24 GO: A former BOR officer reveals the details of the accident of the government limousine with Beata Szydło

“The indicated recordings have no evidentiary value for reconstructing the course of the event of February 10, 2017” – pointed out prosecutor Hnatko.

The trial of Beata Szydło's accident

The trial of Beata Szydło’s accident26.04 | Another hearing was held in front of the Krakow court in the case of the accident of the government column, which was used by then Prime Minister Beata Szydło in 2017. The testimony was given by one of the former BOR officers, who in interviews for the media – including in an interview with “Czarno na Białe” – admitted that during previous interrogations he had not told the truth about the sound signals of the column. TVN24

When the representative of Sebastian Kościelnik found out about the destruction of the plates, he filed a notification about the possibility of committing a crime of destroying the evidence. The case was investigated by the District Prosecutor’s Office in Kraków, which, however, discontinued the investigation.

On December 10, 2021, the District Court in Chrzanów revoked this decision, indicating that the opinion of the Institute of Forensic Expertise did not rule out the possibility of intentional damage to these plates and it is necessary to take evidence from the testimonies of witnesses, i.e. people who had direct and physical contact with damaged plates in the course of criminal proceedings .

Investigation was canceled a second time April 28, 2022. The representative of the Seicento driver, attorney Władysław Pociej, appealed against this decision.

Waiting for the verdict

The accident happened on February 10, 2017 in Oświęcim. The judgment of the first instance was issued in mid-2020. Then Sebastian Kościelnik was found guilty of causing a collision with a government column. However, the court did not impose a sentence on the man. At the same time, an officer of the Government Protection Bureau was indicated as an accomplice in the accident. The court sent a notification in this case to the prosecutor’s office, but the latter did not initiate proceedings.

On Tuesday before the District Court in Kraków the appeal process has ended after the accident of the government column of Beata Szydło in Oświęcim. The parties made closing arguments.

Lawyer Władysław Pociej stressed during the proceedings that “his client had the full right to start making a left turn”. – Moreover, even assuming that he should have assumed – it is not clear on what basis – that further vehicles would be coming, according to the road traffic law and according to the thesis made by a man from the Institute of Forensic Expertise, he was not obliged to provide priority in this configuration of vehicles and terrain. He was under no obligation to give way to vehicles approaching from behind. Therefore, it is not possible to say that Sebastian Kościelnik is responsible for this event – said the defender.

Another BOR officer questioned about the accident of the Szydło column.  Koscielnik: I believe in justice

Another BOR officer questioned about the accident of the Szydło column. Koscielnik: I believe in justice

– As for the statement of the defender, who said that the prosecutor is really sticking to the details, that all the witnesses who were there did not hear these signals, they cannot be wrong. The problem is that as lawyers we have to focus on these little things, these details. We cannot assume that everyone has not heard in general. Everyone is nobody. We must address each of these pieces of evidence. What I presented to the high court are doubts related to the individual evidence taken. And it’s not like I’m imagining it, your Honor, and what’s more, it’s not like the defense, which today, in its response to my speech, went beyond the scope of its appeal completely – said prosecutor Rafał Babiński in his final speech.

The verdict will be handed down on February 27.

TVN Supervisor, tvn24.pl

Main photo source: TVN 24



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