The trial of Michał Wiśniewski regarding a loan from SKOK has been postponed. The court examines new evidence

The Court of Appeal in Warsaw postponed the appeal hearing of singer Michał Wiśniewski no later than May. It is about taking out a PLN 2.8 million loan from SKOK Wołomin in 2006 on the basis of false information about his income.

On Thursday, the appeal in the case of singer Michał Wiśniewski was to start at the Court of Appeal in Warsaw (there is consent to provide his name – PAP). However, the presiding judge, Judge Małgorzata Janicz, announced that the court had decided to admit evidence applications, including: from an audiovisual recording, photo prints or advertising using the image of the accused based on the circumstances indicated by the artist's defenders.

The judge also reported that two days before the appeal hearing, a procedural letter submitted by Wiśniewski's defenders was entered into the case file, signaling the occurrence of an absolute ground for appeal, consisting in the case being heard by an improperly staffed court of first instance. – The Chairperson informs that this issue will be taken into account by the court ex officio when examining other grounds of appeal submitted by the accused's defenders – she said.

She emphasized that due to this situation, i.e. the admission of evidence that the defense had signaled and submitted, the court decided to postpone the hearing with a date set ex officio no later than May.

After leaving the courtroom, Michał Wiśniewski, who was present in the court, told journalists that in his opinion the non-final judgment of the court of first instance was unfair. In 2023, the Warsaw-Praga District Court found the singer guilty of the alleged acts and sentenced him to 1.5 years in prison and a fine of PLN 80,000. PLN and ordered coverage of the legal costs.

In a conversation with the media, the singer also pointed to the judge. – Due to the finding of gross procedural errors, the higher court overturned 14 judgments. 22 cases involved errors in factual findings or penalties. Five people convicted were acquitted. Please tell me whether I have the right to be afraid and cancel? – he said.

He added that “it is terribly sad” that he has been waiting for the appeal hearing for almost three years. – The appeal crushes this judgment not in terms of the dispute about neo-judges. That's not the point. However, what is important is that after 20 years he is trying to prove to me that I deserve to be imprisoned – he told journalists.

In October 2021, Michał Wiśniewski was charged with causing an unfavorable disposal of property of a significant value of SKOK in Wołomin in the amount of PLN 2.8 million.

“In order to obtain a loan, Michał W. submitted an unreliable written declaration of his income, which he significantly overstated, and also provided unreliable data on the income of the guarantor – the suspect's then wife,” informed the Warsaw-Praga District Prosecutor's Office.

She also indicated that, as a result, the artist was granted a loan of PLN 2.8 million in 2006, which he did not repay. The trial in this case started in December 2021, and the non-final judgment in the court of first instance was issued on October 30, 2023.

The court then found that there was no doubt that the accused had fulfilled all the acts accused of him in the indictment. In the justification for the judgment, Judge Tomasz Kosiński emphasized that the defendant did not deny the fact that he signed the loan interview questionnaire, which included the information he provided. – Such data could only come from the accused – said the judge.

However, he drew attention to the income, which, in the court's opinion, after analyzing the defendant's tax returns for that period and other documents, was significantly lower than that entered in the singer's loan questionnaire.

The judge noted that the defendant did not have the ability to repay the monthly installment of over PLN 66,000. zloty. He also pointed to the issue of loan repayment. In the court's opinion, the loan repayment was “rolled over”.

Referring to the amount of the penalty, i.e. 1 year and 6 months of imprisonment, he noted that the court was unable to suspend it due to, among other things, to the amount of damage. (PAP)

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