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Wednesday, June 19, 2024

Sycamore. Mayor Emilian Bera acquitted by court

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The prosecutor’s office accused the incumbent mayor of Jawor Emilian Bera (he agreed to publish his data) of exceeding his powers, violating employee rights and demanding and accepting financial benefits in connection with the performance of a public function. The mayor has denied the allegations from the beginning, but has now been acquitted by the court. Just like his co-workers.

– The collected evidence did not provide grounds to conclude that the defendants had exhausted the features of the alleged acts – the court announced on Monday. And he acquitted the accused in the case. The costs of the trial were charged to the State Treasury. The judgment is not final.

– The prosecutor’s office does not agree with the assessment of the evidence collected in the case, we will apply for a written justification, and after receiving it, we will appeal – announced Tomasz Pisarski from the District Prosecutor’s Office in Złotoryja. The public prosecutor demanded a cumulative sentence of one year’s imprisonment suspended for two years for the mayor of Jawor (Lower Silesia Province).

The mayor and his associates are accused

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The investigators accused the mayor of Jawor, Emilian Bera (he consented to the publication of his data) of three crimes: exceeding the powers and deprivation of liberty of an official subordinate to him in order to force her to resign from the position of the Secretary of the City of Jawor, failure to perform duties and malicious violation of the employee rights of the said victim, including by refusing to accept her to work, the reinstatement of which was ruled by a final judgment of the court, and by accepting financial benefits.

The former deputy mayor of Jawor, Agnieszka R., was charged by the prosecutor with two crimes: abuse of powers and deprivation of liberty of a subordinate employee, and malicious violation of employee rights. In turn, Marcin D. – a driver at the municipal office – was charged with deprivation of liberty.

– The indictment in this case covers the years 2016-2019 – Lidia Tkaczyszyn, spokeswoman for the District Prosecutor’s Office in Legnica, informed in January 2022.

B. faced up to eight years in prison, and R. and D. – up to five years. The accused pleaded not guilty to the charges.

Prosecutor’s office: secretary locked in the office

Bera won the election for the mayor of Jawor in 2014. He is associated with the Civic Platform. He has repeatedly manifested his dissatisfaction with the decisions taken by the United Right government.

According to the prosecutor’s office, while serving as Bera, he started personnel changes in managerial positions at the Municipal Office and in organizational units and budgetary plants of the Jawor Commune.

– Both defendants Emilian B. and Agnieszka R. decided, among other things, to change the position of the Secretary of the Jawor Commune and actually dismiss the employee holding this position. On March 10, 2016, they asked the secretary to the mayor’s office, where, acting in order to force her to resign from her function, the victim and the accused were locked up until she agreed to resign from her current position – said Tkaczyszyn.

The door of the mayor’s office from the outside was to be closed by Mariusz D., at the request of Agnieszka R. According to the prosecutor’s office, the victim together with Bera and R. were locked in the office for an hour. The secretary of the Jawor Commune was to sign a declaration of resignation from the position held so far and take the position of the Head of the Debt Collection Department that was proposed to her. The woman worked there for several months, and then – according to information provided by the prosecutor’s office – Emilian Bera dismissed her from her job at the office.

Jawor is located in the Lower Silesian VoivodeshipShutterstock

In January 2018, the District Court in Legnica ruled on the reinstatement of the injured party to the previously held position of Head of the Debt Collection Department.

– The defendants, Emilian B. and Agnieszka R., however, were not interested in restoring the victim to work, abolishing such a position earlier in the structures of the office. Despite the victim’s declaration of readiness to take up work, the defendants refused to re-employ her in accordance with the court verdict, offered employment in a different position, did not prepare the victim’s workplace and did not immediately report the person named as an employed employee to ZUS the prosecutor said.

After a few days, the woman was again dismissed from the office, and the case went to the labor court again. The court determined that her dismissal was in violation of the law.

– B. did not allow the restitution of the employment relationship of the injured party in the City Hall in Jawor in the previously held position, which had been validly adjudicated by the court – pointed out the prosecutor.

The mayor of Jawor was also accused of accepting financial benefits from the president of a commune company in Jawor in exchange for the possibility of continuing to serve as the president of the management board of this company and for increasing his salary.

– According to the evidence, Emilian B. in the period from 2016 to 2017 received a financial benefit in the total amount of PLN 6,000. He demanded that the president provide him with a monthly amount of PLN 500, which the president of the subsidiary commune company did, and when he stopped transferring part of his remuneration to Emilian B., based on a resolution of the Supervisory Board of the managed company, he was dismissed from the position of president of its management board, the prosecutor informed.

Mayor of Jawor, Emilian BeraMaciej Kulczyński/PAP

President’s response

In social media, the mayor of Jawor called the case a labor dispute. He admitted that after taking the position, in order to “move forward”, personnel changes were necessary, which – as the mayor pointed out – some “have not accepted until today”.

“From the beginning, there has been a constant attack against me from dismissed people who, unable to accept the loss of their positions, accuse and slander me in all possible fields. In this case, brutal politics, as it turns out, knows no bounds, and the Polish hell does not spare Jawor. “I am accused of exceeding my powers and violating employee rights. I am accused of dismissing people illegally. Well, I declare: I did not break the law with my actions and I will prove it in court” – emphasized Emilian Bera.

The mayor believes that the whole thing is an act of revenge and an attempt to eliminate him through manipulation and provocation.

“I was silent for a long time when people tried to destroy me over the years, look for the so-called hooks on me, remove me from power, discourage me from work and intimidate me. Various ways were sought to liquidate and destroy the mayor, to return to what was. So as to slander me and not he could already work for the city. Today, after years of slander and slander, the case goes to court. A case in which I have nothing to reproach myself for, on the contrary, I and the office I manage are victims of criminal methods, “wrote Bera.

In an interview with tvn24.pl, Bera admitted that he knew about the proceedings against him, but he learned about the indictment from the media. As he emphasized, he did not know its content, nor did he want to go into details of the events described in the prosecutor’s communiqué.

– However, I would like to emphasize that this announcement is scandalous and unacceptable. The prosecutor’s office passes sentences, states guilt before the court verdict. The action is a political attack. Many people don’t like what I’m doing in the city, but it’s not just about Emilian Bera himself, it’s about taking power in the city. This is revenge before the local elections. I vehemently deny that I have ever accepted any material benefits. I will prove my innocence in court. The moment the cards can be laid on the table, the public will know what measures were used against me. I am calm about my future, I will continue to work for the city, as I have done so far – the mayor of Jawor told us.

Main photo source: Maciej Kulczyński/PAP



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