The Court of Appeal in Warsaw upheld the decision of the territory court, refusing to issue an iron letter to Michał K., erstwhile head of RARS. The issue which has attracted media attention for months is inactive pending and key decisions will be taken in the coming months in the UK.
Iron letter not issued
On Tuesday, the Court of Appeal in Warsaw did not bring any changes to the Michał K case. The court maintained the order of the court of first instance which refused to issue an iron letter. "The court has maintained the order of the court of first instance," said defender K.. The lawyer pointed out that he was not planning another complaint, considering that in the current situation it "does not make any sense for pragmatic reasons".
An iron letter, which would let K. safe return to Poland without hazard of arrest, will not be issued due to opposition of the prosecutor. Like mec reminded me. Sharanovich, in accordance with regulations introduced 3 years ago, an iron letter may be issued only at the request of the prosecutor or in the absence of his opposition.
Extradition in question
The key decisions on Michael K. will now be made in the UK. “At the minute our eyes are turned to a decision that will be made in the UK, due to the fact that there the court has to face the question of whether to release Mr. Michał to Poland or not,” commented Mr. Szaranowicz.
On February 10, this year, K. was released from British custody after a bail payment of £200,000 in collateral and £365,000 in asset guarantees. The London Magistrates Court is presently conducting extradition proceedings, and the next gathering is scheduled for July.
As the lawyer stressed, the case is highly complicated. "The British court has appointed as many as 5 days to identify an extradition request, where it is half a day or even a fewer hours for another cases," said Szaranowicz. This is due to the necessity of proceeding many witnesses and presenting expert opinions. The court will besides examine whether K. could number on a fair trial in Poland.
Michał K. in London: Responsibilities and limitations
Michał Kuczmierowski is presently in London and, as his defender assures, he “applies to any duties imposed on him by the British court.” He has, among others, a ban on leaving the city and an work to regularly go to the police station.
Background: Complaints and investigation
Michał K., who served as president of the RARS from 2021 to 1923, is suspected of participating in an organized criminal group, of failing to fulfil his duties and of exceeding his powers in order to accomplish a property benefit. The allegations relate to irregularities in the Agency during the organisation and execution of purchases, which would harm the public interest.
The investigation in this case is conducted by the Silesian External Branch of the Department for Organized Crime and Corruption of the National Prosecutor's Office in Katowice. On 2 September 2023 K. was detained in London, and Poland requested his extradition.
What's next?
The decision of the Court of Appeal in Warsaw means that Michał K. will not appear in Poland this year. As Mr Szaranowicz stressed, “the duration of the extradition procedure is surely longer than a year.” All indicates that the final result of this case will not take place until 2024, and key decisions will be taken in Britain.
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The Court of Appeal reiterates the decision to refuse to issue an iron list to erstwhile RARS chief
