A Court of Appeal in Lodz has granted former deputy prime minister Andrzej Lepper a retrial regarding charges of sexual exploitation of Self Defence party employees.

His party  colleague Stanislaw Lyzwinski must serve a sentence of 3 years and six months, however.

“I make no secret of my satisfaction,” said the leader of the Self Defence party as he emerged from court, “but I deplore the fate of Stanislaw Lyzwinski”.

The two Self Defence (Samoobrona) party politicians were initially sentenced in February 2010: Lepper on charges of procuring sex in return for a job, as well as attempting to solicit sex from a lady linked to the party’ Lyzwinski was sentenced on the first count and for the even more serious charge of raping a party activist in his office.

Loophole gives Lepper second chance

The proceedings of the appeal trial were closed to the press, but following the verdict, details have emerged.

Lepper will gain a retrial on two counts.

Firstly, one of the initial hearings in Piotrkow in central Poland was carried out in Lepper's absence, in spite of the fact that he had submitted a medical certificate to the court.

Secondly, the appeal court Lodz ruled that the district court which made the original sentences discounted a vital piece of evidence that Lepper had provided.

The witness who accused Lepper of sexual exploitation had difficulties clarifying the precise day in May 2002 that the alleged incident occurred.

The dates she offered were rebuffed by Lepper's defence lawyers. In one instance, Lepper claimed that he was at a name day celebration for one of the dates put forward.

Ultimately, the court ruled that the incident had taken place in early May 2002, but lack of precise resolution provided the Self Defence leader with a loophole in the appeal court.

Likewise, some of Lepper's defence witnesses failed to appear in court during the initial trial. Thus the original court dismissed their potential evidence. The appeal court stipulated that this was an infringement of the defendant's rights.

Owing to the fact that Lepper's entire case will be considered again, Stanislaw Lyzwinski was not sentenced for providing a job in return for sexual favours, as the woman in question, Aneta K, is alleged to given favours to both men.

However, five of the seven charges against Lyzwinski were upheld yesterday, including that of the rape of a Self Defence activist. (nh/pg)