The District Court in Warsaw returned the indictment against Tomasz Kaczmarek filed in August 2021 to the Regional Prosecutor's Office in Katowice. “In order to eliminate significant shortcomings of the preparatory proceedings,” we read in the justification of the court's decision.
In 2021, former CBA agent Tomasz Kaczmarek was charged with creating false evidence, false accusations and giving false testimony. In August 2021, the District Court for the city of Warsaw received an indictment in this case. In September of the same year, Kaczmarek's defense attorney submitted a letter to this court in response to this act, along with a request to transfer the case to the prosecutor to complete the investigation. On August 26, 2024, the Regional Prosecutor's Office in Katowice also asked the court to return the case “in order to complete the investigation”.
More than three years after receiving the indictment, on December 4, the District Court in Warsaw agreed to the requests of the defense attorney and the prosecutor and returned the indictment to the prosecutor's office. “In order to eliminate significant shortcomings of the preparatory proceedings,” we read in the justification of the court's decision.
This is procedurally possible because the main hearing in this case has not yet taken place.
“In the course of the investigation, the prosecutor's office did not ensure the full implementation of the accused's right to defense. The collected evidence does not exhaustively explain all the circumstances of the case,” the court wrote in its justification.
The court also indicated a number of activities that the prosecutor should still perform.
The case of agent Tomek
In 2019, Tomasz Kaczmarek was called as a witness in an investigation into tax evasion in connection with the sale of a villa in Kazimierz Dolny and money laundering. He was summoned “due to the knowledge he gained as an undercover CBA officer in a special operation aimed at revealing the actual owners of a luxury property.”
During an interrogation in December 2019 at the Warsaw headquarters of the Central Anticorruption Bureau, Kaczmarek confessed that in 2007-2009, on the orders of the then heads of the CBA, Mariusz Kamiński and Maciej Wąsik he was supposed to write operational notes in such a way that it would appear that the people he was investigating told him that the famous villa in Kazimierz Dolny was owned by the married couple Aleksander and Jolanta Kwaśniewski.
“During a confrontation with another witness, Tomasz K. made a statement which showed that all his previous testimony in the case was the result of orders he received from the then management of the CBA and did not reflect reality. He stated that his superiors allegedly instructed him creating documentation, contrary to the facts, suggesting that the real owners of the villa were the presidential couple. He also gave such testimony when interrogated in the same case on August 4 and 5, 2020. – the prosecutor's office reported at that time.
Tomasz Kaczmarek, i.e. agent TomekSuperwizjer TVN
He faces up to 8 years in prison
As it was emphasized, these testimonies were contradictory to others given in this case over 10 years, as well as to those in related matters. The prosecutor's office took steps to determine which of them were true.
All testimony given by Tomasz Kaczmarek as a witness regarding the circumstances being the subject of the investigation regarding the villa in Kazimierz Dolny was analyzed. He gave this testimony both before the prosecutor and the District Court in Piaseczno. Their analysis – according to investigators – showed that those submitted at that time were consistent and corresponded to all the evidence collected in this case. Thus, according to the prosecutor's office, it provided the basis for establishing evidence that the testimony he gave in 2019 and 2020 was false.
In view of these evidentiary findings, as well as others – indicating that Kaczmarek's earlier testimony was not forced by his then superiors – the prosecutor made a decision to bring charges against the former CBA agent. This involves creating false evidence aimed at accusing his former superiors, falsely accusing these people and giving false testimony in criminal proceedings. These acts are punishable by up to eight years' imprisonment.
Preventive measures were then applied to Kaczmarek in the form of property bail in the amount of PLN 100,000 and police supervision.
The Kwaśniewski estate is under the microscope
In March 2010, the Katowice appellate prosecutor's office discontinued the proceedings conducted since 2007 regarding the legality of the former president's assets. Aleksander Kwaśniewski and his wife. Investigators found no crime in this case. In December 2016, the Katowice prosecutor's office resumed the previously discontinued investigation. The proceedings, which have been extended many times, are conducted “in the case”. In 2022, it validly canceled them.
At the end of January 2020, former agent of the Central Anticorruption Bureau, Tomasz Kaczmarek, known as “agent Tomek”, in a report broadcast on TVN24 accused the head of Ministry of Interior and AdministrationMinister Coordinator of Special Services, Mariusz Kamiński as the former head of the CBA, as well as former deputy head of the Bureau, Maciej Wąsik, for putting pressure on him during the operation regarding the villa in Kazimierz Dolny.
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The former CBA agent argued that the evidence collected in the operation regarding the villa, which allegedly belonged to the former presidential couple Aleksander and Jolanta Kwaśniewski, was the result of orders from Kamiński and Wąsik. – I was supposed to create the belief that the house in Kazimierz Dolny belongs to Jolanta and Aleksander Kwaśniewski. I personally have never had such a conviction, but my notes do [w których to Kaczmarek potwierdzał – przyp. red.] and the testimonies submitted are the result of pressure from my former superiors, he said.
Shortly afterwards Central Anticorruption Bureau made public the materials from the investigation. The spokesman for the Minister Coordinator of Special Services, Stanisław Żaryn, argued that they indicate that the actual owners of the property in Kazimierz Dolny were Jolanta and Aleksander Kwaśniewski. “The CBA report is a manipulation. It presents the arguments of one side, which 13 years ago decided to discredit us at all costs. It omits facts and testimonies that do not fit the line of attack against us,” the Kwaśniewskis emphasized in their statement.
Main photo source: Superwizjer TVN