Thursday the District Court in Warsaw sentenced him to 2.5 years in prison (without suspension) businessman Mark Falentę. The waiter Basil Lassota and son-in Falenty Michael Fish was sentenced to 10 months probation and a fine. For helping investigators with court retreated from punishing the waiter Luke N. – there must be 50 thousand. rubles of so-called allowances. The court ordered the confiscation of profits of crime obtained through N. (92.5 thousand UAH. RUB) and Lassotę (27.5 thousand rubles.).
the ruling; it is possible appealed to the Court of Appeal in Warsaw.
Prosecutors asked for Falenty punishment 1.5 years probation and 540 thousand roubles of the penalty and 10-month suspended prison sentence and a fine for Lassoty and Fish. She wanted to refuse the punishment, N., which should make 50 thousand. RUB Protection brought about innocence. Falenta claimed that he had to inform the ABW and the Central Bank that talks of the visitors of the restaurant are recorded. In the opinion of the representatives of the victims of Jack the Rostov region and Radoslaw Sikorski – the requirements of the Prosecutor’s office was too low.
Justifying the sentence, the court recognized that “the primary and original motivation in this matter was the desire to gain” and Falenta was the sole mastermind of criminal business and “exclusive manages records.” “The defendants, being fully aware of the actions taken and their contradictions with the law over a long period deliberately and consistently recorded the talks,” said judge Paul du Chateau. He added that he had shown “great determination” and “efficient logistics”.
“you can not separate the position of some representatives of prosecutors, accompanied by two auxiliary spacecraft forsujących the thesis that a primary objective of the accused was to record people from the circle of power. Some other than the financial motivation of the perpetrators, according to the court, there is no support in accepted facts,” the judge said du Chateau.
According to him, the intention of the whole business, there was no disclosure of violations of the then government. For Falenty – how to evaluate the court – was “is a way of doing business” in order to put yourself in a better position of business.
the Judge reminded that Falenta presented how to help the organs of the state. He acknowledged that in light of the evidence carried out in the process, in addition to publicity, there is no doubt that he met with officials of the Central Bank and ABW. The judge added that in court, they denied to Falenta informed them that politicians are illegally recording in restaurants. According to the court, it is difficult to admit to Falenta was acting here in the interests of society. “It is these contacts are perceived purely instrumental, relying on the help service in case of trouble,” said the judge du Chateau.
the Court noted that Lukasz N., questioned for the first time, not admitted. “When people suspect initially did not recognize, but then changes his position to the process and consists of explanation is not unusual in the practice of ongoing criminal investigations. This fact in no way should infer that the explanations of such person are the result of a prohibited action, for example, of the bodies implementing the measures,” said the judge.
According to the explanations of N. “was originally supposed to be written only meetings of a business character.” “When Falenta noticed that the restaurant” Owl & Friends meet also the world of politics (…) this, he said, Falenty all information was useful,” – said the judge of the explanation, N., The court gave faith N., who pleaded guilty to the charges and gave an extensive explanation that money from Falenty recorded guests of the restaurant. According to the court, its explanation, in General, confirmed Lassota, and support their other evidence.
“the Criminal process of registration and fixing of private conversations of two Warsaw restaurants lasted continuously for 14 months, starting in April 2013. until June of the following year and included a total of 66 different behavior of pathogens,” said the court. He added that the intention of the perpetrators “was thoughtful and well-developed”.
he also Noted that for violation of the constitutional right to privacy of people who are recorded without their knowledge and consent. “Law is the highest value in relation to other goods,” he added.
Proving the amount of the fine for Falenty the judge said that “any other sentence than the sentence of imprisonment will lead to the realization of almost impunity for such reprehensible behavior.” According to the court, such punishment will achieve its objectives as in the individual dimension, as the so-called prevention areas (i.e., deterrent impact on potential offenders – PAP). The judge added that the sentence without suspension too nieopłacalność record private conversations that can become the victim – he said, – “every citizen”. “Each of us appears in public places and each of us must depend that without our consent, no one recorded the private conversations,” said the judge.
Justifying the rejection of punishment in respect of N., the judge said that he showed the persons involved in the crime and its circumstances. In accordance with the law obliges the court for extreme leniency in this case is to abandon it prepared to bring and the so-called allowances.
Lassota as his motivation pointed out to “violations committed by state officials”. Judge du Chateau stressed that the waiter did not take steps to report these violations – even after the scandal that destroyed usb flash drives. According to the judge, adopted by Lassotę to publish a book about the Scam was “gaining knowledge of the benefits of his crime”, in respect of which showed he is in the court’s opinion – no reflection.
none of podsądnych did not appear for sentencing. Defenders Falenty in a conversation with PAP asked for recognition through the courts that their client was guided by financial motivation, and that is not reported by the CBA and the ABW on the illegal recording of politicians. “The face of our argument, we will explain in the appeal,” said lawyer. Brands Małecki, according to which the court bypassed a lot of important evidence.
“the Sentence must be considered correct,” he told reporters proc. Adam Hell. He added that in relation to Falenty, on the one hand, the sentence is tougher from the application to the Prosecutor, if we are talking about the penalty of deprivation of liberty, on the other hand, however, does not contain the requested by prosecution of the fine. He noted that at the current stage, however, can not determine whether the appeal. He promised that his office will make a written justification of the verdict.
“of course, cash flow was a motivation primary; or only, hard to say, was not derived materials, indicating a different motivation,” said the Prosecutor.
“a trifle, but happy,” wrote on the Internet about the court one written, b. the foreign Minister of Poland Radoslaw Sikorski. “SO satisfied with our claim about the absolute punishment of prison for Falenty,” added his lawyer novel empty-handed. He has previously said that it could be “a provocation of the former, the Central Bank to “return to power”.
the Case involved a recording from July 2013. until June 2014. people from the circles of politics, business and government officials in Warsaw restaurants. Recorded in particular, then heads: MVD – Bartholomew Sienkiewicz, mid – Sikorski, Department of infrastructure – Elizabeth Bieńkowską, the President of the NBP Brand I-Beam, the head of the Central Bank Pavel Wojtunika. In total, during the 66-illegally recorded meetings, conversations captured over a hundred people; office of public Prosecutor managed to establish the identity of the 97. Disclosed in the media record has caused in 2014. the crisis in the government of Donald Tusk. The indictment sent to court in September 2015. The Prosecutor’s Office Of Warsaw-Prague.
in Recent years was made of the trial, the Prosecutor ws. some of the topics covered during the recorded conversations (for example, about the sale of “Ciechu” and torched a patrol booth at the Russian Embassy). It also explores the effect of the prosecution and the ABW is in the wording “Direct” to enable call recording and inwigilowanie journalists associated with the case.
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