The Warsaw Court of Appeal acquitted singer Michał Wiśniewski on Wednesday, overturning a previous conviction for fraud and ruling there was insufficient evidence that the artist intended to deceive a credit union.
Appellate Court Ruling
Judge Małgorzata Janicz of the Warsaw Court of Appeal stated that the initial conviction was flawed, noting a lack of evidence that Michał Wiśniewski committed fraud. The court emphasized that the artist had actively taken steps to repay a loan taken years ago from the SKOK credit union.
Following the verdict, Wiśniewski expressed relief, stating he feels as though his faith in the justice system has been restored after five years of proceedings. He highlighted the emotional toll the case took on his family, noting that the lost time can never be recovered.
Defense vs. Prosecution Arguments
Defense attorney Piotr Podgórski argued that the case lacked a factual foundation, describing the conviction as based on presumptions and misinterpretations rather than proof of guilt. He maintained that his client, a hardworking father, never intended to deceive anyone.
Conversely, prosecutor Michał Chałubiński of the Warsaw-Praga District Prosecutor’s Office argued for the original sentence to be upheld. The prosecution contended that at the time the loan was taken, the artist did not possess the financial capacity to meet his obligations and had overstated his income.
Background of the Loan and Club Investment
In 2006, Wiśniewski took a 2.8 million PLN loan from SKOK Wołomin to purchase shares in a company operating the “Extravaganza” club in Warsaw. The venture ultimately failed, and the artist struggled to manage the business alongside his musical career.
Between 2008 and 2014, significant payments were made toward the loan by Wiśniewski, his former spouses, and business associates. Despite these efforts, the loan agreement was eventually terminated by the insolvency administrator, leading to lengthy legal battles and personal bankruptcy for the artist.
Original Verdict and Sentencing
In October 2023, the District Court in Warsaw-Praga initially sentenced Wiśniewski to 1.5 years in prison, along with an 80,000 PLN fine and court costs. The court had argued that the artist was fully aware he could not afford the monthly installments, an assessment that the Court of Appeal has now effectively reversed.
