Wojciech S. and Robert M., convicted of brutal murders linked to Warsaw criminal groups, will have their cases retried due to concerns over judicial impartiality.
Finger-Chopping Gang and the Murders
Wojciech S. (“Wojtas” or “Kierownik”) and Robert M. (“Termit”) were accused of the particularly cruel murders of Tomasz M., alias “Max,” and Jacek P., known as “Postek.”
The kidnappings and murders occurred in 2002 during a conflict between rival criminal groups operating in Warsaw. The victims had been reported missing for years before their bodies were eventually located following investigative procedures, according to the National Prosecutor’s Office a decade ago.
Role of Tomasz R. (“Garbaty”)
Tomasz R. (“Garbaty”) also played a role in the case, being accused of holding Wojciech S. and Robert M. hostage.
Initial Sentencing
All three received final convictions after several years. In 2017, Robert M. (“Termit”) was sentenced to life imprisonment by the Warsaw District Court for the double murder.
In March 2022, a final verdict was issued regarding “Wojtas,” who was also accused of inciting the murder of Szymon K. Investigators believed this was retaliation for the murder of two members of the Mokotów group in May 2002 at the “Klif” Shopping Center. Szymon K. was never murdered, as he was arrested beforehand. Wojciech S. received a life sentence.
Also in March 2022, “Garbaty” received a final sentence of eight years in prison, delivered by the Court of Appeal.
Supreme Court Reopens Proceedings
The defense lawyers for “Wojtas” and “Garbaty” filed appeals to the Supreme Court. These were dismissed in January 2024. However, a lawyer for one of the convicted men requested a review of the proceedings, citing “improper staffing of the Supreme Court.”
On March 11th, the Supreme Court overturned the previous decision dismissing the appeal and reopened the cassation proceedings for both men. The reason for the reversal was the composition of the judicial panel that had dealt with the case in January 2024.
Concerns Over Judicial Impartiality
The Supreme Court pointed to a “lack of fulfillment of the standard of impartiality” by Judge Małgorzata Bednarek and the “questionable impartiality” of Judge Adam Rocha. It was also emphasized that Ryszard Witkowski had previously been recognized as a “judge of an improperly staffed court.”
The Supreme Court stated that the indicated judges were originally appointed to the Disciplinary Chamber, which, according to a resolution of the combined Chambers and a ruling by the European Court of Human Rights, did not possess the attribute of a court. Their transfer to the Criminal Chamber under the Act of June 9, 2022, did not validate the flaw in their appointment.
“The participation of Paweł Kołodziejski and Igor Zgoliński, appointed in a flawed procedure before the neo-KRS, in the composition of the Supreme Court also constitutes an improper staffing of the court,” the Supreme Court added in March.
The Mokotów Group
The Mokotów group, to which “Wojtas” and “Garbaty” belonged, operated in the early 2000s. It was known in the media as the “finger-chopping gang.” Members committed murders or kidnappings, with ransom demands reaching up to 2 million euros.
“The division of tasks within the group involved in kidnappings was strictly hierarchical. The most trusted members carried out the kidnappings. The area where the kidnapping was to take place was secured by other members who monitored police radio stations. After the kidnapping, the victim was transported to rented premises, where they were held in appalling conditions until the negotiations were completed,” the National Prosecutor’s Office reported years ago.
“It happened that the perpetrators cut off the fingers of the kidnapped victims, which were then handed over to family members. This practice and the torture used against the hostages were also intended to force the families to gather the ransom as quickly as possible. Taking the ransom was preceded by a thorough check to see if the victim’s family was cooperating with the police. The designated places for handing over the ransom were chosen precisely to completely prevent the arrest of those receiving the ransom. Money obtained through crime was primarily invested in pubs and other catering establishments, solariums, real estate, and plots of land,” the National Prosecutor’s Office explained.
