The District Court in Szczecin dismissed a lawsuit filed by Marshal Olgierd Geblewicz concerning an alleged violation of the personal rights of the West Pomeranian Voivodeship. The case concerned publications in Gazeta Polska Codziennie about convicted pedophile Krzysztof F. – the former Plenipotentiary of Marshal Geblewicz for Addiction Prevention.
The court ruled that the phrase “conspiracy of silence” did not violate personal rights and that Marshal Geblewicz “in a certain sense also protected himself, the Marshal’s Office and the political party to which both he and Krzysztof F. belonged from critical public assessments.”
The case concerned, among other things, the article titled “Conspiracy of Silence Around Pedophilia Scandal in Civic Platform,” published in December 2022 in Gazeta Polska Codziennie. The central figure of the publication was Krzysztof F. – Marshal Geblewicz’s Plenipotentiary for Addiction Prevention, as well as a trusted associate of Rafał Trzaskowski, an LGBTQ+ activist and a prominent member of Civic Platform (PO), who ran from the party’s electoral list under the slogan “Good Returns.”
The Marshal’s plenipotentiary was convicted of pedophilia, possession of more than 300 grams of narcotics and supplying drugs to a minor.
After the publication, the West Pomeranian Voivodeship filed a lawsuit against the author, demanding, among other things, the publication of an apology covering half a page in Kurier Szczeciński and Gazeta Wyborcza, as well as payment of PLN 20,000 to a social cause.
According to the West Pomeranian Voivodeship, represented by attorney Rafał Wiechecki, the author violated personal rights “by making unauthorized suggestions leading to conclusions that infringed upon the good name and image of the West Pomeranian Voivodeship, creating the impression that Krzysztof F., after the disclosure of his criminal activity, including the crime of pedophilia, was still an employee of the Marshal’s Office.”
According to Wiechecki, the Marshal “immediately after Krzysztof F. was detained by law enforcement authorities suspended him from his employment duties and his function as plenipotentiary, and subsequently dismissed him.”
Court: Termination Beneficial for the Pedophile
The court did not share this assessment. In its reasoning dismissing the lawsuit, it stated that it was untrue that Olgierd Geblewicz suspended Krzysztof F. from his employment duties:
“Pursuant to Article 35(1) of the Act of 21 November 2008 on Local Government Employees, the employment relationship of a local government employee who has been temporarily detained is suspended by operation of law.”
Moreover, based on documents provided by attorney Wiechecki, the court concluded that the termination of Krzysztof F.’s employment contract was carried out in the most favorable manner possible for him – by mutual agreement of the parties, in the third month of his detention.
“Termination of employment by mutual agreement of the parties and without notice is, if not the most favorable, certainly one of the most favorable ways of ending an employment relationship – from the employee’s point of view,” the justification reads.
It further states:
“Since the employment relationship was terminated at the employee’s initiative, at his request, by mutual agreement of the parties, (…) a subsequent employer would not learn why Krzysztof F. had in fact ended his work at the Marshal’s Office.”
Pedophile Still Listed on Government Website as Addiction Specialist
The District Court in Szczecin also rejected the claim that the article in Gazeta Polska Codziennie failed to state that Krzysztof F. was no longer employed at the Marshal’s Office at the time of publication. According to the court, this resulted from the conduct of the plaintiff itself – the Marshal’s Office.
At the time of publication, and for many weeks afterward, Krzysztof F.’s profile remained available on the official website of the West Pomeranian Marshal’s Office, along with information that he served as Marshal Geblewicz’s plenipotentiary. The court added that even at the time of drafting the justification, “on the official government website gov.pl, under the Ministry of Justice tab, Krzysztof F. is still listed as an addiction therapy specialist working at the Marshal’s Office in Szczecin.”
“Conspiracy of Silence”
In the court’s assessment, the phrase “conspiracy of silence” used in the article had a clearly evaluative character when referring to the Marshal’s Office.
“The Marshal’s actions aimed at protecting the victims are objectively assessed by the Court as appropriate and desirable; however, the defendant had the right to his own assessment of them,” the District Court in Szczecin stated.
"This assessment was critical of the plaintiff’s actions; however, it had some basis in the facts - the lack of information about the conviction, the liquidation of the plenipotentiary’s position instead of simply dismissing him, the termination of employment by mutual agreement instead of allowing the employment relationship to expire due to temporary detention. By protecting the victims, the Marshal in a certain sense also protected himself, the Marshal’s Office and the political party to which both he and Krzysztof F. belonged from critical public assessments."
Summarizing its reasoning, the court stated that the expression “conspiracy of silence” and the accompanying statements “constitute a critical assessment of the Marshal’s actions as a public figure and therefore cannot infringe upon his personal rights, and consequently the personal rights of the plaintiff.”
The District Court’s ruling is not yet final. Geblewicz Also Lost Criminal Case
On Friday, a decision of the District Court in Szczecin concerning a private indictment filed by Marshal Olgierd Geblewicz against the author also became final. It concerned the same publications about the pedophilia scandal and the alleged conspiracy of silence within Civic Platform (PO).
Geblewicz initially lost in the first instance – the court found no criminal offense in the publications. The politician appealed, and the court reopened the proceedings. However, at the hearing, Geblewicz’s legal representative – attorney Rafał Wiechecki – failed to appear. In such a situation, in accordance with the Code of Criminal Procedure, the court discontinued the proceedings.
Wiechecki filed a complaint against that decision, but on Friday the District Court dismissed it.