Recordings from Jarosław Kaczyński’s interrogation in the “Two Towers” investigation are now under scrutiny by prosecutors following their unauthorized publication. As Niezalezna.pl has learned, the only person outside the prosecution service who had access to the materials was attorney Roman Giertych. The Warsaw District Prosecutor’s Office has confirmed that it did not authorize their publication. The case of the possible breach of investigative secrecy is expected to be examined by the Regional Prosecutor’s Office, and Giertych could face criminal charges.
The Goniec news portal published recordings of Jarosław Kaczyński’s interrogation in the “Two Towers” case on Monday. According to information obtained by Niezalezna.pl, no one outside the prosecution service, except Roman Giertych, had access to these materials.
Lawyers representing the key witness – Jarosław Kaczyński – submitted a formal request to the Warsaw District Prosecutor’s Office, demanding an explanation of how the investigation files reached the media outlet and whether the prosecution had authorized their publication.
On Thursday, they were assured that prosecutors had no intention of publishing the case files.
No Authorization to Publish
As it turns out, the Warsaw District Prosecutor’s Office – as confirmed to Niezalezna.pl by its spokesperson Piotr Antoni Skiba – did not grant permission to publish any materials from the investigation files related to the “Two Towers” case.
The prosecution’s official position had been presented only through public statements, and it had no intention of disclosing further details.
Skiba also confirmed that the recording of Jarosław Kaczyński’s interrogation is attached to the official transcript of his questioning.
“At the beginning of this procedure, all parties were informed that publishing any information from this transcript without the prosecution’s consent could constitute a violation of Article 241 of the Polish Criminal Code,” Skiba told Niezalezna.pl.
According to the prosecution, there is only one suspected source of the leak – attorney Roman Giertych, who represents Austrian businessman Gerald Birgfellner.
“The only person who requested electronic access to the complete case files was the attorney representing the injured party, Roman Giertych. Only his law firm was granted full access to these materials, including the digitized recording,” Skiba said.
Before Gazeta Wyborcza published an article by journalist Wojciech Czuchnowski last week discussing the justification for the discontinued “Two Towers” investigation, only one party had collected that decision – once again, Giertych’s law firm.
Could Giertych Face Charges?
What action will prosecutors take regarding Giertych’s conduct? Criminal charges are now a possibility.
The prosecutor overseeing the case, Małgorzata Seroczyńska, has been informed, and preliminary proceedings are underway concerning a possible violation of Article 241 of the Polish Criminal Code, which covers the unlawful disclosure of confidential information from preparatory criminal proceedings.
Under Polish law, anyone who publicly disseminates information from such proceedings without authorization before it is disclosed in court – or when hearings are held behind closed doors – may face a fine, restriction of liberty, or imprisonment.
The case is expected to be handled by the Regional Prosecutor’s Office in Warsaw.
The article also raises the question of whether the Warsaw Bar Association will take disciplinary action against Roman Giertych, or whether it will once again “pretend that nothing is happening.”