Michał K., erstwhile Head of the Government strategical Reserve Agency (RARS), was detained in London on the basis of a European Arrest Warrant (ENA), which was issued by the territory Court in Warsaw. The detention was linked to allegations of irregularities in the operation of the agency, including participation in an organised criminal group, overshooting of powers and non-compliance with obligations in order to accomplish a property benefit.
Conduct of extradition
The Magistrate Court of Westminster of London decided that Michael K. would stay in custody until the extradition hearing, which is not due to begin until 17 February 2024. Despite his attempts to get bail, the court refused to accept this proposal, considering that the guarantees presented, including the amount of £200,000, the presence at a fixed address and the presence on the police, were insufficient in view of the seriousness of the charges and the hazard of escape.
Michał K., utilizing the translator, confirmed his data in court and opposed extradition to Poland. His defence argued that he was willing to cooperate with the judicial authorities and sought protection under British law. The preliminary proceeding was of an organisational nature and the final decision will be taken after the end of the three-day proceeding in February.
Detention under the European Arrest Order
The detention of Michael K. took place in the rented Airbnb flat in London. The action was led by British officers of the National Extradition Unit. The detention was due to the release of the European Arrest Warrant, which was issued after Michael K. became the subject of a search under a BOLO.
In the defence of Michał K. his lawyer, Luka Szaranowicz, applied for a alleged iron letter, which would let the erstwhile head of the RARS to return to Poland without hazard of detention, but besides ensuring his cooperation with law enforcement authorities. The request for an iron letter besides included a proposal for a property warrant to safe the correct course of proceedings.
Investigation in Poland
The investigation of irregularities in the RARS was initiated on 1 December 2023 by the Regional Prosecutor's Office in Warsaw and then taken over by the Silesian Department of the Department for Organized Crime and Corruption of the National Prosecutor's Office in Katowice. The procedure covers the period from 23 February 2021 to 27 November 2023 and concerns the acquisition of goods for the Agency. In July 2023, 2 persons associated with the RARS purchasing office heard allegations in the case. The allegations included an excess of allowances due to preferential treatment of any counterparties, which may have been related to the implementation of an EU grant for the supply of power generators to Ukraine. These acts shall be punishable by up to 10 years of imprisonment, in accordance with Article 231(2) of the Criminal Code.
Controversy with RARS contracts
The order of Michał K. in RARS was controversial. According to media reports, the agency concluded a number of lucrative contracts without tenders, including with Red is Bad, whose owner, according to Onetu's report, received transfers of PLN half a billion in 3 years. The company provided protective equipment during the pandemic and power generators during the war in Ukraine. This raised doubts as to the transparency of the agency's activities, peculiarly in the context of reports of preferential treatment of selected counterparties.
UK extradition procedures
Michael K. Poland depends on the decision of the British court, which must deal with the case in accordance with extradition procedures. British government provides for the anticipation of refusing extradition in exceptional cases, e.g. where a individual could be tried twice for the same crime or where there is simply a hazard of persecution on grounds of race, religion, gender, sexual orientation or political views. Michał K.'s defence may effort to usage these rules to block extradition to Poland.
The decision to extradite Michał K. will be crucial for the further conduct of the investigation in Poland and for Michał K. himself, who remains in custody in the UK, awaiting trial.
Read more:
Former RARS chief will await extradition in custody. That's what the London court decided.
