EU president Donald Tusk facing criminal probe in Poland following president’s plane crash


PROSECUTORS in Poland are looking at the potential of bringing criminal charges following the plane crash that killed country’s president and his wife in 2010.

By Siobhan McFadyen

And they are turning their attention to EU president Donald Tusk who was Prime Minister of the country for seven years amid a storm of anger that he could have broken section 129 of the country’s penal code citing that he could be investigated for treason.

Politician Beata Mazurek, an advocate of law and justice, has called on the country’s National Public Prosecutor’s office to investigate claims Mr Tusk may have acted in detriment to the state.

Now lawyers acting for the families of the ninety-six passengers on board the Tu-154 military jet carrying Polish president Lech Kaczyński, his wife, the central bank chief as well as notable political and military figures, are insisting a “diplomatic betrayal” occurred following the crash which brought the aircraft down in Smolensk, Russia in April 2010.

According to local reports lawyers are scouring evidence to purport to show that as a public officer Mr Tusk and a string of other politicians acted to the detriment of the Republic of Poland.

Mr Kaczyński and his entourage were flying to commemorate the 70th anniversary of the Katyn massacre.

That massacre saw 22,000 Polish prisoners of war murdered by the People’s Commissariat for Internal Affairs or NKVD, a Soviet secret police organisation in 1940.

It has never been clearly proven how the crash occurred.

Lawyer Rafal Rogalski told TVN24: “In my opinion, the prosecutor investigating the responsibility of Donald Tusk, the then Prime Minister, Radoslaw Sikorski, the foreign minister, diplomatic corps, officials of the Prime Minister from the time of Tusk and Prime Minister Ewa Kopacz.

“[Section] 129 of the Criminal Code can allow anyone who is authorised to act on behalf of the Republic in its relations with the government of a foreign state or foreign organisation and having such authorisation, acts to the detriment of Poland [to be prosecuted].”

In June Polish prosecutors revealed they were to reopen the coffins to examine the victims.

The Ruling Law and Justice (PiS) party, led by Kaczyński’s twin brother Jarosław, is determined to prove that the crash happened as a result of an “explosion” on board.

He believes Donald Tusk, now head of the European Council, through negligence is responsible.

The Polish government merged the posts of prosecutor-general and justice minister, giving itself more direct control over the investigation earlier this year.



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