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Krzysztof Bondaryk legally acquitted. The court dismissed the prosecutor’s appeal

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A three-person panel of professional judges found General Krzysztof Bondaryk innocent, dismissing the prosecutor’s appeal, a journalist from the tvn24.pl portal found out. The prosecutor’s office accused the general of committing a crime of exceeding powers and failing to perform duties “in order to achieve financial or personal gain”.

On Friday, the court considered the appeal of the prosecutor’s office to judgment favorable for the former head of the Internal Security Agency, which was agreed at the beginning of the year.

– In oral justification, the court completely rejected the appeal of the prosecutor’s office. He argued that the evidence gathered showed that the general’s actions did not bear the hallmarks of a crime. This means that he has been legally acquitted of the charges. Although, of course, we must expect a cassation appeal by the prosecutor’s office to the Supreme Court – says the attorney Michał Hajduk, who represented Bondaryk.

Seven years of investigation

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In 2018, the prosecutor of the district prosecutor’s office in Ostrołęka, Dorota Bielicka, formulated two charges against Gen. Krzysztof Bondaryk: they concern Article 231 of the Penal Code, i.e. exceeding powers and failing to fulfill duties.

If the perpetrator commits the act specified in paragraph 1 in order to achieve material or personal gain, he shall be subject to the penalty of deprivation of liberty for a term of between one and 10 years

The prosecutor’s investigation was the result of an audit of the activities of the secret services from the PO-PSL government, which was commissioned by the minister coordinator Mariusz Kamiński after PiS took power. The notification itself to the prosecutor’s office was sent in 2016 by the then head of the Internal Security Agency, Professor Piotr Pogonowski. Auditors operating under his direction discovered that Bondaryk had hired an employee who allegedly used a forged university diploma.

– The material of the investigation showed that the head of the agency, despite his duty, did not inform the relevant institutions about the use of a forged document by an ABW employee. What’s more, Krzysztof B. decided to accept this person into service and appoint him to a high position – said the spokesman for the minister coordinator, Stanisław Żaryn, to the Polish Press Agency.

Krzysztof BondarykJakub Kaminski/PAP

The employee using the “fake diploma” was to earn about PLN 2 million in the agency over the next few years. And this – according to prosecutor Bielicka – was supposed to be the financial benefit referred to in the prosecutor’s charge and the indictment against Bondaryk.

Interestingly, the university that issued the diploma confirmed its authenticity. Prosecutors have also never presented charges against the employee himself for using a forged document, just as the employees of the university who issued it have not been charged.

Prosecutor’s promotion

After presenting the charges, prosecutor Dorota Bielicka was promoted from the district prosecutor’s office to the regional prosecutor’s office in Białystok. The head of this unit is Elżbieta Pieniążek, who in the past served in the CBA and is considered a close associate of Minister Mariusz Kamiński. General Krzysztof Bondaryk headed the civilian counterintelligence from 2008 to 2013. After being dismissed from this function, he created the National Cryptology Center as an advisor to the Minister of National Defence.

Main photo source: Jakub Kaminski/PAP

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