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Gniezno. The final of the case of councilor Tomasz Dzionek versus the theater. The court decision is final

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A year ago, a councilor from Gniezno (Wielkopolska) on a concrete square in front of the Teatr im. Aleksander Fredro fried scrambled eggs. He called the pyramids built as part of the revitalization of this area financial, adding how much the reconstruction cost. The case – at the initiative of the theater – ended up in court. And it was the latter who finally decided to discontinue the proceedings.

The District Court in Poznań on Thursday decided to uphold it decisions of the court of first instance. He discontinued the proceedings against the Gniezno councilor, pointing to Article 17, paragraph 1, subsection 2 of the Code of Criminal Procedure.

Proceedings shall not be initiated, and those initiated shall be discontinued when: 2) the act does not contain the characteristics of a prohibited act or the law provides that the perpetrator does not commit a crime;

“It’s something much stronger than proving not guilty.” The court simply did not see a prohibited act in my behavior – Tomasz Dzionek told us after the decision of the first instance court in April 2023.

The theater appealed against that decision. In the opinion of the theatre, there was a crime of slander, hence the decision to file a private indictment. – The author of the words bears criminal liability, not civil liability – explained attorney Radosław Skowron, the theater’s legal representative.

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SEE THE MATERIAL OF “FACTS” TVN: The Aleksander Fredro Theater is suing a councilor from Gniezno

The proceedings, in accordance with the regulations, were secret. – The theater has nothing to hide, the theater would like transparency – argued the theater’s legal representative. As he added, he would like to be able to say more about the case, but the law does not allow it. “We want to correct many misunderstandings and distortions,” he emphasized.

And he explained that in order for them to talk about the case, it had to go back to the district court. – If the District Court in Poznań repeals the decision of the court of first instance, this case will return to Gniezno and at the first hearing we will submit a request for non-use of secrecy. The theater wants journalists to be able to follow the case – said Skowron.

After Thursday’s verdict, we were unable to contact the theatre’s attorney, despite several attempts.

Councilor: the theater lost with a twist

The court’s decision was commented on by Tomasz Dzionek, who announced the discontinuation of the proceedings on social media. “Freedom of speech and the right to criticize every concrete,” he wrote.

– If the court of first instance discontinued the proceedings, stating that there were no grounds to analyze whether a crime had been committed, and the court of second instance upheld it, it means that the theater lost to nothing – the councilor told tvn24.pl.

As he announced, this is not the end of his fight for changes on the concrete square. – I want there to be more greenery, talks are already underway about restoring the monument of Aleksander Fredro in a worthy place. We have his year, the descendants of the writer appear in the city hall, and no one is able to convince the director of the theater to remove the monument dismantled six years ago from under the pallets and leather, which, according to what was shown in the visualizations, was supposed to stand in the courtyard of the theater Dzionek commented.

He criticized concrete

The whole thing started in July 2022. “The square in front of the Fredro Theater in Gniezno is a symbol of concrete in Gniezno,” wrote Tomasz Dzionek, a councilor from Gniezno, on July 2, 2022, under a video in which he fried scrambled eggs on a hot metal bench during the heat. As he said, the eggs set after 15 minutes.

– There was a lot of greenery there before the renovation. There were lawns, there were flowerbeds, there were trees above all – he told “Faktom” TVN at the time.

The square in front of the theater in 2017Google Street View

“It is a shame and a pity that for a lot of money the urban space popular among Gniezno residents was destroyed. To those who come up with such hopeless ideas and not only in Gniezno! We want greenery, trees, shade, water retention, unmowed grass!” he wrote.

Nine days later, he posted a post in which he informed that he had turned to Teatr im. Fredry in Gniezno with requests for clarification regarding e.g. a non-working fountain, lack of care for greenery, discounts and cleanliness in the square, of which he is the administrator.

“Due to the widespread negative opinion of residents about replacing an attractive and accessible square with greenery with a concrete square of low-quality aesthetics and finishing, unfriendly to residents and in no way encouraging to use, I called for actions aimed at: immediate tidying up, refreshing the square, renovation of elements that require repair, commissioning of devices that should have been in operation permanently for nearly 4 years and proper care of the remaining greenery, unpaving part of the square with concrete paving slabs, sowing grass there and planting trees in the amount of not less than 20 pcs., in order to increase the attractiveness of the square , ensuring the right amount of shade, greenery and moisture, transferring A. Fredro’s bust to a visible and dignified place, e.g. to the front of the main entrance to the Theatre” – we read in the entry.

In addition, he added a photo of the square in front of the theater with concrete pyramids with the caption “Financial pyramids for PLN 1,300,000.00”.

This wording outraged theater representatives. – I got a call to apologize and remove the post. And since I didn’t apologize took the case to court Dzionek told us.

The councilor was defended by the mayor of the city

The mayor of Gniezno, Tomasz Budasz, then stood up for the councilor and posted a joint photo with the councilor with the caption “I support Tomek!”.

As he further explained, the appearance of the square is significantly different from the one that could be seen in the visualizations. “We got his poor version. A version that both the residents and me, to put it mildly, do not like very much. The square was also supposed to be teeming with artistic life. So far, apparently only a few events have taken place there. Anyone remember which ones? Additionally, on the square the statue of the patron of the theater, Aleksander Fredro, has not returned” – emphasized Budasz.

Main photo source: Tomasz Dzionek

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