Bodnar Failed to Appear in Court – Will There Be a Penalty? Prosecutor Ostrowski: “A Display of Legal Incompetence”

Adam Bodnar did not appear today as a witness during a hearing before the disciplinary court regarding the suspension of prosecutor Michał Ostrowski. “Senator Bodnar also demonstrated his legal incompetence in this letter, as he stated that he wants to submit explanations in writing. It is a suspect who provides explanations – there will still be time for Mr. Bodnar, and submissions can indeed be made in writing – but not sent by post, as he apparently intended – rather, they must be submitted at the seat of the disciplinary court,” Ostrowski told Niezalezna. During the hearing, he filed a motion to impose a financial penalty on Bodnar for his unjustified absence. However, the disciplinary court did not grant the motion. Bodnar will only be “reprimanded.”

Deputy Prosecutor General Michał Ostrowski has remained suspended from his official duties since February 2025. At that time, he initiated an investigation into a suspected “coup d’état” within the justice system. The notification in this matter was filed by Bogdan Święczkowski, President of the Constitutional Tribunal.

The National Prosecutor’s Office has brought a total of seven charges against prosecutor Ostrowski, which are currently being examined by the Disciplinary Court at the Prosecutor General.

On Tuesday, Adam Bodnar – former Minister of Justice and Prosecutor General, and a senator from Civic Platform (KO) – was expected to appear before the Disciplinary Court at the Prosecutor General’s Office as a witness. It was Bodnar who suspended Ostrowski from his duties on February 10, 2025. He justified his absence by citing participation in a Senate committee meeting.

If the court does not extend Ostrowski’s suspension, it is possible that he could return to work as Deputy Prosecutor General as early as this week.

“I would very much like to return to work. It has been over a year that I have not been allowed into this building. Of course, my qualifications and my 30 years of experience allow me to carry out the duties entrusted to me by the Prime Minister, after consulting the President. At this moment, we are awaiting the decision of the disciplinary court,” prosecutor Michał Ostrowski said in an interview with niezalezna.pl.

“A Display of Legal Incompetence”

In his view, the justification sent to the court by Adam Bodnar “does not meet the requirements.”

“The senator claims he has more important commitments today, namely a Senate committee meeting, which he does not chair. Senator Bodnar also demonstrated his legal incompetence in this letter, as he stated that he wants to submit explanations in writing. It is a suspect who provides explanations – there will still be time for Mr. Bodnar, and submissions can indeed be made in writing – but not sent by post, as he apparently intended – rather, they must be submitted at the seat of the disciplinary court,” Ostrowski stated.

The prosecutor assessed that the charges against him are entirely unfounded, with the main accusation being the initiation of an investigation into an alleged coup d’état.

“At present, this is accelerating – the takeover of state institutions, intimidation of officials, and preparations are underway for an unprecedented attack on the Constitutional Tribunal. Members of the government, including Deputy Minister Waldemar Żurek, are clearly articulating their plans, the so-called Plan B, which involves a forceful takeover of the Tribunal. This is something unheard of in a state governed by the rule of law. Among other things, it is for preempting certain actions by initiating this investigation that I have been suspended from my duties and am now being tried before a disciplinary court,” he said.

He admitted that a motion had been filed to reduce his salary as Deputy Prosecutor General, although for now he continues to receive his base pay.

“I am being treated as a necessary evil by the current authorities of the prosecutor’s office, while I have worked in the prosecution service my entire life and have never practiced any other legal profession,” said Michał Ostrowski.

Penalty for Bodnar

He did not rule out that witnesses in the case – Adam Bodnar and Dariusz Barski – may eventually meet in the courtroom.

“Theoretically, they may meet, but today’s absence of Bodnar will undoubtedly significantly prolong the proceedings. If my suspension is extended, it will indirectly be due to Prosecutor General Bodnar, who has a civic duty to appear before the court. I expect the court to impose appropriate coercive measures on Mr. Bodnar, for example financial penalties, for his unjustified absence,” Ostrowski indicated.

He then personally submitted a motion in court to impose a financial penalty on Adam Bodnar for his unjustified failure to appear as a witness during today’s hearing.

According to Ostrowski, Bodnar’s written notice of absence deprived the disciplinary court of the possibility to reschedule the hearing. He also did not indicate any date when he would be available to testify.

“Senator Bodnar places himself above the law and disregards the court,” he added.

However, the disciplinary court did not accept the prosecutor’s motion. It ruled that Adam Bodnar would only be reprimanded.

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