Additional opinion about Cimoszewicz's accident. “There is simply no evidence in this matter”

A supplementary opinion of experts examining road accidents is necessary – the District Court in Bialystok recognized on Thursday, in the appeal process of Włodzimierz Cimoszewicz. The former prime minister in the first instance was unlawfully acquitted from the allegation of hitting the cyclist at a pedestrian crossing.

The verdict in full, i.e. also in the scope of redemption of the escape thread from the scene of the accident, was appealed by the prosecutor's office. He wants to set aside and return the case to be examined at first instance.

The process concerns an accident that took place in the morning of May 4, 2019, at a marked pedestrian crossing in Hajnówka (Podlasie). The indictment showed that he was hit by Cimoszewicz – MEP of the previous term, and in the past, among others The premiere-a 70-year-old cyclist had a broken bone, a face and a hand.

The prosecutor's office accused the accused of unintentionally violated the principles of road safety, inattentively observed the road and did not exercise particular caution, but approaching the transition, He started braking too late and led to an accident. He also accuses him of He escaped from the scene.

The politician did not admit the accident. He assured that he was traveling at the speed limit, and the cyclist entered the transition; He also explained that he did not escape from the scene of the accident, but together with his friends he drove the victim – at her request – home, and from there she finally decided to go to the hospital.

The court in Hajnówka decided that there was no evidence confirming the guilty of the accused, and doubts could not be dispelled with other evidence. He assessed that the behavior recognized by the prosecutor's office as an escape from the scene of the accident was an offense; In this respect, the proceedings discontinued due to the limitation of criminal record.

Before the court in Hajnówka, the District Prosecutor's Office in Bialystok wanted for the accused politician half a year in prison suspended for two years, a three -year ban on driving vehicles, 10,000 PLN for a social goal and 10,000 PLN compensation for the victim. In the appeal, she submitted a request to seek the complementary opinion of the Institute of Forensic Experts in Krakow, which prepared a specialist expertise (and its supplementation) in this case.

Since the first instance court decided that the opinion was insufficient, I am forced to submit such a request – said Andrzej Stelmaszuk from the District Prosecutor's Office in Bialystok on Thursday before the appeal court.

The defenders wanted to dismiss this application. – At the stage of the first -instance proceedings, the prosecutor's office did not raise any objections to these opinions – said one of the defenders, Błażej Biedulski.

He pointed out that – based on the evidence gathered in the case – the initial speed of the vehicle and the method of braking could not be determined; He recalled one of the supplementary opinions in which the experts paid attention to these shortcomings. – I think that allowing evidence from the next opinion will not change anything about it – he said.

“There is simply no evidence in this matter and there are no traces that would fully reconstruct this event,” said Biedulski.

However, the appeal court decided that he would allow evidence from the supplementary opinion of experts from the Institute of Forensic Experts in Krakow. It comes, among others for determining the place of stopping the vehicle at a speed of 30 km/h and for providing a percentage probability indicator of the version in which the driver was not able to avoid deduction, assuming that he was driving in accordance with the regulations.

Experts have a month to draw up such an additional opinion.

– I am a bit surprised (court decision – PAP), because nothing changes in the description of the facts. Therefore, what experts have, remains exactly the same as when they gave their first opinion. They do not have any data on the basis of which they could answer additional questions – Włodzimierz Cimoszewicz told journalists after the trial, who agrees to provide data and his image in the media.

– Perhaps the court makes this in caution that nobody would allegation that the prosecutor's motions were disregarded – he added. (PAP)

ROF/ ABA/