A farmer from Gliwice destroyed a new road with a tractor. The court lifted the preventive measures

The incident took place in August in the Ostropa district of Gliwice. Józef Magiera, who agreed to give his name, was to drive the Ursus tractor onto the freshly laid asphalt and use a plow to plow about 200 meters of the surface of Rybacka Street.

The 60-year-old claims that the land on which the road is located belongs to him and the work carried out there was illegal. However, the prosecutor's office indicates that the documentation available shows that the area is owned by the local government.

The man was arrested red-handed. He admitted to investigators that he had damaged the surface. Earlier, he also announced that he might destroy the road again.

I think that the rule of law will eventually return, and not that people are locked up for their own reasons, Magiera told journalists before entering the court. He expressed his belief that the prosecutor's office charged him and requested arrest based on witness statements, not documents. He described what happened to him as "Bolshevism". What I did was to defend my own land, and what they showed means that this country is not yet democratic, he said when asked about the arrest.

The court revoked the supervision and surety, but "the most important thing is to recover the tractor"

The farmer's defender, lawyer Adam Szewc, filed three complaints: against the property security of the tractor, its detention and the preventive measures used by the prosecutor's office - police supervision and property bail.

The District Court in Gliwice accepted the complaint regarding supervision and surety. However, he upheld the decision to secure the tractor.

According to attorney Szewc, the defense will now document that the 45-year-old Ursus is a working tool for the suspect on the farm. After presenting such materials, the prosecutor will have to consider a request for the return of the vehicle.

Despite our claims and the suspect's explanations, it is still insufficient at this stage. We have to document it, the lawyer said.

Józef Magiera himself emphasized after the meeting that his main concern was to recover the tractor. He wants to take advantage of the favorable weather for field work.

The defense argues that the tools necessary to run the farm should not be secured against a possible fine or obligation to compensate for the damage. According to the lawyer, the value of the tractor is primarily sentimental for his client.

The charge was changed after a new damage assessment

The case is being investigated by the Gliwice-Zachód District Prosecutor's Office. Initially, the damage was estimated at PLN 300,000. PLN, and the farmer was accused of destroying property of significant value. The court imposed temporary arrest on him.

However, after additional activities and a new valuation, it was determined that the losses did not exceed PLN 200,000. zloty. The prosecutor's office changed the charge, and the suspect was released from custody after a few days.

According to attorney Szewc, the District Court in Gliwice also accepted the defense's complaint against the earlier arrest, considering it unjustified.

Basic damage to property is punishable by up to five years in prison. In the case of high-value property, the penalty may reach 10 years' imprisonment. According to the regulations, property of significant value is property whose value exceeds PLN 200,000. zloty.

The case sparked a wide discussion. The ex officio explanatory proceedings were initiated by the field representative of the Ombudsman in Katowice. Its purpose is to check whether the farmer's detention and arrest have violated his rights and freedoms.