Today we witnessed another chapter in the disciplinary case against Deputy Prosecutor General Michał Ostrowski, who is facing consequences for daring to initiate an investigation into what he described as a constitutional coup carried out by the December 13 Coalition. The adjudicating panel, headed by a member of the anti-PiS association Lex Super Omnia, rejected the majority of the defense’s motions. The prosecutor bringing the charges also belongs to the same association, which had previously criticized Ostrowski’s actions. Prosecutors decided that Adam Bodnar will give explanations in April.
The disciplinary spokesperson in the case against Deputy Prosecutor General Michał Ostrowski is Prosecutor Piotr Kowalik. He serves as an ad hoc spokesperson, meaning a special prosecutor appointed specifically for this case by Adam Bodnar. The defense once again raised concerns about potential irregularities in his appointment, which could prevent the case from continuing with his participation. To no avail. The only concession granted was permission to supplement the case files with documentation concerning Kowalik’s appointment.
He was appointed as the disciplinary spokesperson of the Minister of Justice to handle several cases involving Prosecutor Ostrowski. I requested that the documentation regarding his appointment to this function be attached to the case files. A disciplinary spokesperson of the Minister of Justice may only be a prosecutor designated by the National Prosecutor from among multiple candidates. At present, the case files contain only a single letter indicating Piotr Kowalik. With regard to the thread concerning Prosecutor Ostrowski’s initiation of an investigation into a coup d’état, we do not have any information showing that candidates were presented for the function of disciplinary spokesperson to the Minister of Justice. That is missing. Despite these formal deficiencies, the adjudicating panel decided to proceed with evidentiary proceedings. It may turn out that Piotr Kowalik is not an authorized prosecutor,” said Prosecutor Paweł Wilkoszewski, who is representing Ostrowski.
The adjudicating panel, chaired by Prosecutor Waldemar Praszczyk, rejected another defense motion to suspend the proceedings pending a review by the Constitutional Tribunal of the correctness of appointing disciplinary court panels. The Association of Prosecutors and Employees of the Public Prosecutor’s Office of the Republic of Poland is seeking examination of that issue. Notably, the adjudicating panel also refused to allow the head of that association to participate in the case as a social party.
An Association Accuses and Judges
The defense of Prosecutor Ostrowski emphasizes that the proceedings are purely repressive in nature and form part of a series of retaliatory actions taken against him because of his stance. They also pointed to the conduct of the adjudicating panel.
“I see on the part of the adjudicating panel a desire to conclude this case as quickly as possible. That has little to do with efficiency. We have repeatedly filed motions to exclude members of the adjudicating panel. They were not substantively examined. Prosecutor Ostrowski, who is a member of the Ad Vocem association, is currently being judged by a prosecutor (Waldemar Praszczyk – ed.) who belongs to an entirely different association, Lex Super Omnia. That association has repeatedly voiced criticism of Prosecutor Ostrowski. A prosecutor from Lex Super Omnia is obliged to respect the resolutions of that association,” Prosecutor Wilkoszewski told journalists.
As he further informed, the disciplinary spokesperson in this case, Piotr Kowalik, also belongs to Lex Super Omnia.