The head of Prime Minister Tusk’s Chancellery T. Arabski found guilty of failing to fulfill his duties regarding the flight to Smolensk.
Published: June 15, 2019
The District Court in Warsaw sentenced the former head of the Prime Minister Tusk’s Chancellery Tomasz Arabski to 10 month imprisonment with probation for two years for failing to fulfill his duties regarding the organization of the flight to Smolensk on April 10, 2010.
In addition to the former head of the Chancellery of Prime Minister Tusk, two other officials from the Chancellery as well as two employees of the Polish Embassy in Moscow were charged. The prosecutor asked for a penalty of 1.5 years of imprisonment with probation for four years for Arabski, as well as probation for other defendants. Most of the attorneys representing the families of the victims, on the other hand, asked for the conviction of all five defendents without asking for a specific penalty. Only attorney Stefan Hambura asked for a three-year imprisonment for Arabski. He also asked for imprisonment of other officials. Representatives of the defendants asked for a "just sentence," that is the... acquittal of all of them.
In addition to T. Arabski, the court convicted Monika B. also from the Tusk Chancellery, sentencing her to six months in prison with one-year probation. Three other officials were acquitted.
The trial began in March 2016 as a result of a private indictment pursuant to art. 231 of the Penal Code, which provides for up to 3 years in prison for failure to fulfill duties by a public official.
The indictment was filed following the final discontinuation of the investigation by the Public Prosecutor for Warsaw-Praga District regarding the organization by the Office of Prime Minister Tusk of the visit to Smolensk / Katyn for President Lech Kaczynski on April 10, 2010.
In the role of auxiliary prosecutors there were a dozen or so families of the victims of the Smolensk tragedy, including Anna Walentynowicz, Janusz Kochanowski, Andrzej Przewoźnik, Władysław Stasiak, Sławomir Skrzypek and Zbigniew Wassermann.
At the moment, the court's judgment in the case of Tomasz Arabski is not final - says Małgorzata Wypych, MP of Law and Justice, a widow of the late Paweł Wypych who died in the Smolensk crash.
The court in announcing the judgment did not provide grounds for its decision. We will apply for the justification of this judgment. Then we will be able to say more about the matter. The court confirmed that there were irregularities and pointed to specific persons who were responsible for these irregularities. It was not only Tomasz Arabski - emphasizes Wypych.
We expected a higher sentence for Tomasz Arabski, at least the one recommended by the prosecutor. However, the most important thing is that once again someone has been convicted in this matter. There was already a judgment against officers from the Bureau of the Protection of Government Officials (BOR). Unfortunately, the commandant escaped responsibility, but the deputy head of BOR, General Paweł Bielawny was convicted - she adds.
Please also note that by now this matter is subject to the statute of limitation. If someone would like to make some allegations, then practically this is no longer possible - she notes.
Once this complaint was filed, the defense asked for dismissal of this lawsuit. It's good that the court stated that the trial must be carried out normally, hearings must be held, and the evidentiary material must be evaluated very carefully. And that's how it happened. The second thing that I will always emphasize, it's good that the guilty people have been indicated. Irregularities were also identified. As to the penalty we will see. For now, the verdict is not final - emphasizes Małgorzata Wypych.
Click on the thumbnails below to view screen dumps from the detectors used to examine the wreckage and seats from the Polish president's plane crash in Smolensk. An "X" denotes the presence of the detected explosive substance and its type. The underlined Polish word "Probka" or "probka" in the screen dump 1 and 2, means "Sample"
Why did they all fly on the same plane?
Synopsis: January 12, 2013, Toronto, Canada. The wife of the late Deputy-Minister of Culture Tomasz Merta: "What I am about to tell you now, are suspicions - and not even my own - but, rather the [suspicions of the] individuals in the inner-circles of the [Polish] military... I heard a statement that was made - but, I am not taking any responsibility for how credible, or not credible it is. [I heard that] had the generals and journalists' not been re-assigned to different aircraft, it wouldn't have been the Tupolev [Tu-154M], but rather the Casa [transport aircraft] that would have been taken out.
Because the Generals were no longer onboard the Casa, there was no reason for it to get airborne. And for this reason it was the Yak[-40] that flew off to Smolensk. This Casa [transport aircraft] was never examined in any way. It was not subject to any examination. Aside from a single note in the deposition given to the military, no one was interested why this aircraft didn't fly [to Smolensk]. Perhaps, this is someones crazy phantasy, but perhaps it isn't.
Some [Polish] military personnel had suggested, that it [the Casa] had to stay behind at the Okecie military [tarmack], so that the explosives could be removed from it - because they were no longer needed [...] I am only repeating what I was told."
"Disarming" Explosives ...
It is worth for us to retrace the entire process of "disarming" the case of explosive substances at the crash site. It all started with the publication of Cezary Gmyz in "Rzeczpospolita" on October 30, 2012, and information that the detectors, which were used by experts in Smolensk (in late September and October) showed traces of TNT and nitroglycerine.
As it turned out, the journalist was also reporting about the indication of Hexogen. The storm broke. The prosecution denied the publication, and ultimately, the editor-in-chief of "Rzeczpospolita," Cezary Gmyz and two other journalists lost their jobs. The entire editorial staff of one of Poland’s most popular weeklies, "Uważam Rze", was also silenced.
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