The Prosecutor’s Office will not withdraw from participating in the private trial of its chief, Waldemar Żurek. He himself also does not intend to bring about such a move – according to information obtained by Niezalezna.pl. “The decision on the continued participation of the prosecutor in these proceedings, after Waldemar Żurek assumed the office of Prosecutor General, is a decision of an independent prosecutor who determined that the grounds for participation in the case still exist, and this circumstance has no legal significance,” Prosecutor Anna Adamiak, spokesperson for the Prosecutor General, responded to questions from Niezalezna.pl.
Civil proceedings involving Waldemar Żurek are currently underway before the Regional Court in Tarnów. The other party to the case is the former wife of the current Minister of Justice in Donald Tusk’s government. The matter concerns private property issues.
As revealed by Niezalezna.pl, the District Prosecutor’s Office in Tarnów is also participating in the proceedings – as the guardian of the public interest.
In January this year, the spokesperson for the District Prosecutor’s Office in Tarnów, Prosecutor Mieczysław Sienicki, told Niezalezna.pl that the motion for the prosecutor to join the proceedings had been submitted by Waldemar Żurek’s legal representative.
The publication sparked considerable discussion among lawyers.
Even at that time, questions were raised about the legitimacy of a situation in which prosecutors from Tarnów – who are officially subordinate to Żurek – are participants in the civil proceedings of the Prosecutor General concerning his private affairs.
“Is the Prosecutor General considering or has he taken a decision or action to have the District Prosecutor’s Office in Tarnów withdraw from participation in these proceedings?” Niezalezna.pl asked at the end of January.
A response has finally been received. It suggests that no reaction from Żurek in this matter should be expected.
Żurek’s Private Trial with the Participation of the Prosecutor’s Office
“In response to your inquiry, I kindly inform you that the decision of the District Prosecutor’s Office in Tarnów to join the civil proceedings involving Waldemar Żurek was made on 19 August 2024, at a time when Waldemar Żurek was not serving as Prosecutor General. The decision was taken following an analysis of the proceedings and the conclusion that circumstances existed justifying the prosecutor’s participation pursuant to Article 7 of the Code of Civil Procedure, that is, that such participation was required to safeguard the rule of law, citizens’ rights, or the social interest” – Prosecutor Anna Adamiak, spokesperson for the Prosecutor General, informed Niezalezna.pl.
She argued that “after a prosecutor joins proceedings, any decision to withdraw from participation could result solely from the cessation of the circumstances forming the basis for entering the case”.
And those circumstances – as the spokesperson for the Prosecutor General emphasized – have not ceased: “the decision on the continued participation of the prosecutor in these proceedings, after Waldemar Żurek assumed the office of Prosecutor General, is a decision of an independent prosecutor who determined that the grounds for participation in the case still exist, and this circumstance has no legal significance”.
“At the same time, it should be noted that the prosecutor participating in the proceedings does not represent any of the parties to the dispute and is not affiliated with them. The proceedings are currently at an advanced, final stage. Waldemar Żurek, like any citizen, had and continues to have the right to exercise the rights granted to him under the relevant provisions of the Code of Civil Procedure, the Civil Code, and the Family and Guardianship Code,” Prosecutor Adamiak stated.