The prosecutor’s office has submitted a motion to the court seeking the issuance of a custodial order concerning the disabled son of Anna W., who is currently held in pre-trial detention. Such an action could result in the child being taken away from his family. Furthermore, associates of Minister Bodnar publicly disclosed the minor’s first name—information that had thus far been consistently protected by the media in order to safeguard the child’s well-being.
“As we understand it, an expert opinion on the child’s current health condition is expected within a few days, but I have no information that the court-appointed expert has contacted the family or the school,”
said defence attorney Adam Gomoła, the family’s legal representative, in an interview with Gazeta Polska Codziennie (GPC).
For several days now, we have been reporting on the continued actions taken by Minister Bodnar’s circle against Mrs Anna W. and her husband, Marek W., who were detained in January in connection with an alleged scandal involving the Government Agency for Strategic Reserves. Mr. W. was recently released from custody and is currently caring for their disabled son, who, due to the forced separation from his mother, has even attempted suicide. Yesterday, Niezależna published a dramatic appeal from the father, who clearly emphasized that the mother’s continued detention constitutes a form of torture for the child. Even the Ombudsman recently acknowledged in an interview with Niezależna.pl that pre-trial detention should be avoided when it causes particularly severe consequences for the close family of the detainee.
Read more: Tusk’s Regime Plays with a Child’s Life to Strike the Opposition. Defence Attorney: An Extremely Dangerous MoveNevertheless, Minister Bodnar’s team appears unwilling to abandon their harsh tactics and, seemingly in retaliation for the public exposure of the case, has now submitted a motion to the court for the issuance of a custodial order for the minor. “Pursuant to Article 109 § 1 of the Family and Guardianship Code, if the welfare of the child is threatened, the guardianship court shall issue appropriate orders,” reads the statement signed by Prosecutor Przemysław Nowak, spokesperson for the National Public Prosecutor’s Office. Moreover, the child’s name was disclosed in this document, despite previously being protected by the media for the sake of the child’s welfare.
Attorney Adam Gomoła, legal representative for the W. family, commented on the matter for GPC:
“The spokesperson for the National Public Prosecutor’s Office refers to a court order dated March 12 of this year appointing an expert. As of Tuesday, April 1, this order has not been delivered to the defence. As we understand it, an expert opinion regarding the minor’s current health status is expected within several days; however, I have no information indicating that the court-appointed expert has contacted either the family or the school. Moreover, submitting a motion to the family court for a custodial order before such an expert opinion is available—and when its content is still unknown—is at the very least premature. This move is particularly dangerous, as in extreme cases the guardianship court could decide to place the child in a foster family or institutional care. There are serious doubts as to whether such actions are in the best interest of the child,” said Mr. Gomoła.
“Furthermore, it is utterly outrageous that the National Public Prosecutor’s Office, through its spokesperson, has disclosed the child’s name—a detail we have deliberately and consistently protected so as not to further traumatize the boy. We are appalled that even in such a delicate matter, the prosecutor’s office displays a total lack of empathy. We will continue to take further legal steps aimed primarily at lifting the preventive measure of pre-trial detention against Mrs Anna, as she is the key therapeutic figure for her son. There is no justification for her continued detention,”
he added.