The application for the safe-conduct order was submitted in August. The documents had reportedly been sent from Tiraspol, the capital of Transnistria, a separatist region of Moldova.
The Warsaw Regional Court issued the safe-conduct order on Wednesday. The decision is not final, and prosecutors have announced they will appeal.
The ruling was issued by Judge Konrad Mielcarek in a closed hearing attended by the prosecutor and defence.
A key legal issue in the ruling was the interpretation of Article 281 §2 of Poland’s Code of Criminal Procedure, which states that during preparatory proceedings a safe-conduct order may be issued at the prosecutor’s request or in the absence of the prosecutor’s objection.
Prosecutors argued that the provision meant their objection was binding on the court.
The court’s criminal spokesperson, Judge Anna Ptaszek, said the court found that making the issuance of a safe-conduct order dependent on the prosecutor’s position was contrary to the Constitution and international law.
She said the court considered that such provisions could not bind it because it had to decide the case objectively and impartially.
Speaking to TVN24 on Thursday, Żurek said he would discuss the issue with prosecutors and believed they should have sought the judge’s recusal in such cases.
He also said he believed the court’s decision to issue the safe-conduct order was wrong on the merits.
Żurek said that if Romanowski returned and had unrestricted contact with other people, he could potentially influence people in the Justice Ministry linked to alleged irregularities involving the Justice Fund, which he said could negatively affect the proceedings.
Romanowski’s defence says that if the decision becomes final, he will return to Poland.
Prosecutors accuse Romanowski, in the investigation into alleged irregularities involving the Justice Fund, of offences including participation in an organised criminal group and manipulating competitions for money from the fund.
A Warsaw Regional Court previously issued a European Arrest Warrant for Romanowski at the prosecutors’ request, and a wanted notice was also issued.
In December 2024, it emerged that Romanowski had obtained political asylum in Hungary. His refugee status was revoked and his travel documents invalidated in early July this year.
His whereabouts have since been the subject of various unofficial reports.
(sp)
Source: PAP