The Warsaw Regional Court has overturned a lower court’s decision to dismiss the defamation case against PiS leader Jarosław Kaczyński regarding his remarks about MEP Krzysztof Brejza, ordering a full retrial.
Origin of the Defamation Dispute
The case stems from comments made by Jarosław Kaczyński during a March 2024 Pegasus investigative committee session. Referring to Krzysztof Brejza, the PiS leader stated: “A significant politician of the opposition faction is committing very serious and morally repugnant crimes.”
The defamation trial began in late 2023 at the Warsaw-Śródmieście District Court. In January 2024, the court dismissed the case, citing the negligible social harm of the act. However, following an appeal by attorney Dorota Brejza, the Warsaw Regional Court has now ordered the case to be reconsidered.
Legal Basis for the Retrial
Presiding Judge Magdalena Roszkowska-Matusik stated that the appeal’s arguments were logical and convincing, unlike the contradictory reasoning provided by the first-instance court. The regional court concluded there are sufficient grounds for a potential conviction, noting the district court’s evaluation of social harm was fundamentally flawed.
Because the initial court dismissed the case rather than delivering a verdict, the regional court lacked the procedural authority to convict Kaczyński directly, necessitating the referral back to the district court for a new trial.
Background on Pegasus Surveillance
During a November hearing, Kaczyński testified that as Deputy Prime Minister, he received intelligence from public security officials claiming Brejza engaged in unlawful and immoral activities. These claims were previously linked to allegations of a “propaganda department” in the Inowrocław city hall, though the Gdańsk Regional Prosecutor’s Office dismissed investigations against Ryszard Brejza in 2024.
Citizen Lab reported that Krzysztof Brejza’s phone was compromised 33 times by Pegasus spyware between April and October 2019 while he was the head of the KO election campaign. The National Prosecutor’s Office officially confirmed in April 2024 that Brejza was indeed subjected to surveillance using this system.
