Magna Polonia won with the witch Jerzy Zięba!

magnapolonia.org 9 months ago

Jerzy Zięba, a hypnotist known for promoting pseudoscientific theories, specified as “water memory”, coping with a heart attack utilizing a toothpick, which should be stimulated by a fragment of the viscera, or breast enhancement of women (up to 12 cm in the circumference) with hypnosis, lost the trial with the Magna Polonia Foundation yesterday. The conviction is final.

Magna Polonia won with the quack Jerzy Zięba. It is worth tracing the full past of this process.

On February 9, 2021, Borkowska & Partners, acting on behalf of Jerzy Zięby, called on us to immediately refrain from violating his individual property. The allegations active naming George Zięby as a quack and stating that he was convicted in court.

We found specified a call unfounded for respective reasons:

George Zieby's face was blurred and his name was anonymized.
The article explained that the conviction was and was issued in a warrant procedure, and Jerzy Z. appealed against it, resulting in the case being dealt with in a average manner.
Taking into account the advice given by Jerzy Z., it was in our view correct, and even rather mild.

We have so recognised that the effort to force the removal of the article on us is part of a broader strategy to be credible by this socially harmful activity, man.

What was the course of the dispute?

Due to the failure to comply with the request of lawyer Jerzy Zięba, a civilian suit was brought against us, which - in our opinion - was another component of a strategy aimed at building his credibility.

We were asked to domieszcies on the portal of apology of the following content:

"The Magna Polonia Foundation based in Myslowice apologises to Mr. Jerzy Zięba for publishing an article of 3 February 2021 entitled ‘Jerzy Z. convicted by the court for defamation and insulting Poznań doctors’ on the website magnapolonia.org, which was available at: https://www.magnapolonia.org/jerze-z-sanctioned-by-sad-disclaiming-and-invasion-knowing-doctors/. The article violated Mr. Jerzy Zięba's individual property, which was not convicted by the court. Mr. Jerzy Zięba is besides not a witch. This declaration shall be published as a consequence of a lost trial.”

andjudgments from the defendant:

For the plaintiff, a cash settlement of PLN 5,000 (in words: PLN 5 thousand) together with statutory interest from the date of filing the suit until the date of payment;
For the Foundation Poles for Poles no. KRS: 000566121 a cash benefit of PLN 20,000 (in words: 20 1000 zlotys) together with statutory interest from the date of filing the application until the day of payment.

The application states, inter alia: ‘It should be stressed that the information contained in the article on the fact that the plaintiff was convicted is false and violates the individual interests of the plaintiff in the form of reverence, dignity and a good name. In addition, the word ‘snatcher’ utilized in the article for the plaintiff should be indicated as infringing the individual interests of the plaintiff. The word ‘snatcher’ is an offensive term. According to the PWN dictionary, a quack is “a individual without medical education who treats people,” which is simply a disrespectful word for “bad doctor.”

None of these meanings can be attributed to the plaintiff. Jerzy Zięba is not a doctor and he is not a doctor. The reason doesn't heal or give medical advice. Jerzy Zięba conducts publicist and information activities, in which he presents the cognition and experience of people utilizing complementary medicine."

However, the article fulfilled all the principles of reliability, as the information about Jerzy Zięba's opposition was included in his first paragraph. Furthermore, the opposition does not alter the fact that the first conviction was made. The word “signer” full corresponded to reality. It is besides worth mentioning that the trial, which began after Jerzy Zięba lodged his objection, had already ended with a final conviction condemning Jerzy Zięba.

However, we had to prepare for legal defence. Indispensable, as always, was the patron Jarosław LitvinWho has been helping us on this case from the beginning, and represented the Magna Polonia Foundation in the appeal court.

Before the court of first instance, we focused on respective key arguments:

“The issuing of a judgement against the plaintiff is simply a historical event in space-time and the procedural fiction of the overthrow of that judgement through opposition does not change this, including that there were grounds for its delivery, as is the case in the case of the usage of convictions after the conviction was erased – specified a judgement has taken place and cannot be changed (the suspect has submitted a case against that fact, namely: Obtaining the conviction undoubtedly has effects in the legal sphere – it creates a fiction of the impunity of the convicted person, but it cannot remove objectively existing facts – so it does not destruct any committed crime or sentence. judgement of the ultimate Court of 29 October 2015, Case CSK I’.
“The article did not contain an image of the plaintiff (the face was blurred in its entirety, and it was not a black stripe in its eyes), nor its name, thus the content of the article could be attributed to his person, and thus no individual property was compromised, which is based on the case law of the General Courts: ...”
We have shown that Jerzy Zięba, contrary to his attorney's claims, gave medical advice, e.g. "to immediately cure himself with a spike in the face, which demonstrates on the attached video, or where he urges not to go to a doctor, even in the case of atherosclerosis." (Both recordings were attached as evidence).

Faced with overwhelming evidence and a reliable argument from the patron Lithium, the court of first instance granted our arguments, dismissing George Zięby's lawsuit.

The grounds for the judgement (Event mention I C 1059/21) stated, among others: “The court, after considering the circumstances of the case, has come to the conclusion that there has been no violation of the plaintiff’s individual property in the form of his honour, good name or dignity. It has not been demonstrated that the defendant's behaviour in the publication on magnapolonia.org of the article of 3 February 2021 is of an unlawful nature."

But that is not the end of the matter.

How did it end?

Attorney Jerzy Zięby made an appeal against the conviction on 23 June 2022. Until yesterday, before the Court of Appeal in Katowice, under the signature of Act I of AC 1429/22, there was a case that yet ended with the full failure of Jerzy Zięba. The conviction is final. Thank you again, sir. Jarosław Litvin For invaluable help.

Summary