Prosecutor's office decided not to launch inquiry into so-called "Kaczyński towers"
On October 11, the prosecutor refused to launch an inquiry regarding the notification reported by the Austrian businessman Gerald Birgfellner - the spokesman for the District Prosecutor's Office, Łukasz Łapczyński, informed on Monday.
According to District Prosecutor's Office in Warsaw, "the collected and meticulously analysed evidence has showed beyond any doubts that there have been no circumstances whatsoever that would justify the suspicion of fraud to the detriment of the Austrian businessman".
According to the prosecutor's office, the dispute between both parties is of a civil character and can be settled only under the civil law proceedings. "These findings obligated the prosecutor to refuse to launch an inquiry into the said case," Łapczyński added.
Gerald Birgfellner accused Kaczyński of fraud and demands him to pay over 1 million euro for preparing planning for the construction of two skyscrapers for the Srebrna company, having ties with the Law and Justice party.
The prosecutor's office justified the decision in the following way: "Gerald Birgfellner did not present any documents confirming the costs that he had allegedly suffered". "He never consulted any planned expenses, and never turned to the Srebrna company requesting return of incurred costs. He never presented any bills or evidence that would confirm incurred expenses," prosecutor Łapczyński underscored.
Furthermore, prosecutors stressed that the Austrian had not provided any written contracts signed with companies which he is said to have hired to carry out certain jobs for him, in other words, documents that would verify invoices issued by companies that were to work on his behalf. "After terminating his plenipotentiary contract, representatives of the Srebrna company did not avoid contact with him. On the contrary, due to him not providing documents necessary to settle accounts, talks involving lawyers were initiated to come up with a lawful solution," prosecutor's office said.
In late-January, "Gazeta Wyborcza" published transcripts and recordings of a conversation from July 2018 - among others, between PiS chairman Jarosław Kaczyński and Gerald Birgfellner - regarding planned construction of two skyscrapers in downtown Warsaw, by the Srebrna company having ties with the ruling Law and Justice party.
In mid-February, "Gazeta Wyborcza" reported that Birgfellner had testified to the prosecutors that Jarosław Kaczyński talked him into handing over of 50.000 zlotys to a priest who was a member of the council of a foundation owning the Srebrna company. The alleged deal pertained to future construction of two skyscrapers in downtown Warsaw.