The court in Warsaw on Thursday ruled that Marek Falenta should serve a sentence in prison of 2.5 years in prison in connection with the so-called hidden hearing. The decision is final.
The court acknowledged the appeal of defendants Marek Falent for the decision of the District Court in Warsaw in October 2018. The reason was not to include a defense request to postpone sentenced prison sentences. Lawyer Marek Małecki then said that Falenta is seeking to postpone punishment, among other things because of health.
Businessman Marek Falenta was sentenced in 2016 by the Regional Court in Warsaw for 2.5 years in jail for mediating records of politicians from the Government of PO-PSL and other public officials to waiters. The verdict became final in December 2017.
Empty bench of the defendants. Marek Falent did not show up
Judge Anna Zdziarska from the court of appeal in Warsaw on Thursday afternoon announced a resolution on the vacant bench of the defendant. Marek Falenta did not appear in court and gave an exception to the lawsuit. One of his defenders also did not come.
– The court ruled that the presence of the convict is not obligatory, – said Judge Zdziarska. She added that she took the entire appeal proceedings into account when deciding. – Since December 2018, there have been several deadlines, but unsuccessfully because, despite the fact that Marek Falenta was informed about the date of the meeting, he did not find out – the judge explained.
– The court also had a problem with reporting to the other defender, because all the means of the phone and the e-mail seemed ineffective – she concluded.
Prison Health Service "has specialists"
Zdziarska said that the Appeals Court shares the demands of a court of first instance who refused to postpone the sentence on the basis of collected evidence, including expert opinions and medical records.
– In the prison medical service, the specialists in the area of the disease are found or can be found in convicted persons and respond to specific circumstances – said Judge Zdziarska.
Judge Zdziarska does not share defense arguments concerning the need to postpone the sentence also because of the family situation of the convict. – This application is not useful. The sentenced person has requested a postponement of one year and his final judgment was released in December 2017. The convict uses the ongoing procedure, remaining more than a year in the wild. During this period, he had the opportunity to ensure the basic needs of his family, Zdzarska noted.
The decision is final.
Defender Falenty, lawyer Marek Małecki for PAP, said that his client was in no way prosecuted. – As his attorney, I will take further steps to protect my rights. We must not forget that we are still waiting for a cassation appeal in this case – said the attorney.
The case in which Falenta was convicted concerns records of people from political, business and public offices in two restaurants in 2013-2014. Other ministers included: the Interior Ministry – Bartłomiej Sienkiewicz, the Ministry of Foreign Affairs Radosław Sikorski, the Ministry of Infrastructure Elżbieta Bieńkowska, NBP President Marek Belka, CBA Chief Pawł Wojtunik.
More than a hundred people were recorded in 66 illegally recorded meetings. The State Prosecutor's Office has managed to establish the 97th identity. Records published in the media were the reason for the so-called String Scandal in 2014 and caused a crisis in the government of the PO-PSL.
Author: mjz // rzw
Source: TVN24, PAP