Supreme Court postpones Pegasus-related verdict, demanding 14-day information response from CBA.
Conviction and Appeal
In 2021, the Wrocław District Court sentenced a man to one year in prison suspended for three years and a fine for persuading an ABW officer to disclose classified information (case I KK 453/23). He utilized and further transmitted this information, contacting the officer via an internet messenger.
Following an appeal by the defense, the man was acquitted by the Wrocław Appellate Court in 2023. The court found evidence gathered through operational activities, likely obtained using Pegasus spyware, inadmissible due to illegal acquisition methods.
The appellate court ruled that such evidence procurement cannot be considered legal.
Prosecutor’s Challenge
The prosecutor filed a cassation, arguing the court failed to verify the specific tool used for the operational control. They accused the appellate court of arbitrarily basing its findings on media reports and assumptions without utilizing available evidence, such as questioning CBA officers or obtaining documentation from the CBA regarding the technique and legality of the surveillance method.
Supreme Court Steps In
The Supreme Court decided to examine the validity of these allegations. Justice Dariusz Świecki announced the court will request information from the CBA confirming whether the device used during the operational control possessed the required accreditation. The CBA has 14 days to respond.
Świecki explained the prosecutor claims the appellate court wrongly deemed the device unauthorized, yet the court did not verify the organ’s entitlement to use it. Without establishing this, assessing the allegation’s validity is difficult, prompting the case adjournment.
