Bid to Remove Prosecutor in “Two Towers” Investigation Denied

The Warsaw District Prosecutor’s Office has rejected a motion filed by Roman Giertych, counsel for Austrian businessman Gerald Birgfellner, to remove prosecutor Małgorzata Szeroczyńska from the ongoing “Two Towers” investigation.

Stalled Case and Legal Dispute

The “Two Towers” investigation centers on abandoned plans to construct two high-rise buildings on a Warsaw plot owned by Srebrna, a company linked to the Law and Justice (PiS) party. Warsaw prosecutors launched the inquiry in February 2023, alleging that businessman Gerald Birgfellner was misled into an unfavorable property deal.

On Wednesday, PiS leader Jarosław Kaczyński testified as a witness for nine hours. Prosecutor Małgorzata Szeroczyńska denied a request from Kaczyński’s legal team to block Roman Giertych from participating in the hearing.

Allegations of Partiality

Following the hearing, Giertych filed a motion to exclude prosecutor Szeroczyńska from the case, citing her decision to strike over 80 percent of his questions during Kaczyński’s testimony. Giertych argued that this practice, which he described as unprecedented, effectively stripped his client of the right to representation and signaled a lack of impartiality.

Giertych further claimed the prosecutor’s conduct was rooted in a previous legal dispute where a court had previously criticized her procedural errors. However, the District Prosecutor’s Office officially confirmed on Monday that the motion to remove the lead prosecutor has been rejected.

Political and Historical Context

Kaczyński has publicly questioned Giertych’s role, arguing that because Giertych is an opposition politician, his participation conflicts with legal standards. In 2019, under the previous administration, prosecutors initially refused to open an investigation into the project, citing a lack of documented evidence regarding Birgfellner’s expenses.

This decision was later challenged by the applicant and maintained by a district court in 2020. The case was subsequently included in a 2023 National Prosecutor’s Office audit, which identified serious procedural flaws and recommended that the investigation be reopened.

Public Controversy

The scandal originated in 2019 when “Gazeta Wyborcza” released recordings of conversations between Kaczyński and Birgfellner regarding the Srebrna development. The reports also included allegations that the PiS leader pressured the businessman to pay 50,000 PLN to a priest on the board of the foundation that owns Srebrna.

Kaczyński has consistently denied wrongdoing, stating that the project remained in the planning stage and that Birgfellner’s demands for payment were undocumented and unlawful. The PiS leader has also previously labeled the prosecution’s investigation as politically motivated.