Justice for all?
He spent 13 months in jail after he was arrested in connection with the tragedy. Last week he was released on bail and is awaiting charges. Warsaw Business Journal got an exclusive chance to speak to him about his experience and the effects his case could have on Poland's international business community
Piotr Paciorek: What advice would you give to foreign businessmen seeking to do business in Poland?
Bruce Robinson: When people travel to Poland, they often do so with the assumption that Polish people think in the same way as they do, that you have similar legal and commercial processes to them. But this is just not the case. Foreigners also tend to make the assumption that Poland has a similar justice system. But this is more our mistake than having anything to do with Poland. When you come to Poland, you must quickly learn to understand the Polish culture.
What do you think is important for foreigners to know about the Polish legal system?
The Polish legal system is based on Roman law as opposed to Anglo-Saxon law. The differences between them are very significant. As examples: the word of another person, which in Anglo-Saxon law we call heresay, is sufficient to be used as evidence against you. When you are questioned by a prosecutor and you have a lawyer with you, you would expect to be able to have a discussion with your lawyer. But actually you can be prevented from discussing anything with your lawyer. You can be prevented from seeing your legal representative for the first two weeks of arrest. You are not permitted to attend the court hearings that determine the extension of your temporary arrest. You and your legal representative are not permitted to examine the reasons or evidence the Court says determines why you are being detained. Your lawyer must seek permission from a prosecutor every time he wants to see you. And a very important distinction is that everybody in a case is judged at the same time, whereas in Anglo-Saxon law you have your own individual case.
How has the international business community reacted to your case?
The business community, particularly in Poland, is shocked. They are very concerned that what happened to me could happen to them or others. We are the forefront of international investment in Poland and we want to come here and want to share our knowledge and experience. However we need assurances that justice should be dispensed only after sentencing, and not before, and that the justice system be free of any form of political interference. Besides the support of the business community in Poland, I have also received support from Germany, Hungary, the United States and of course New Zealand. It is mainly but not exclusively from within my industry - the hall, conference and exhibition sectors.
Do you think foreign companies are taking a risk when they send employees to Poland?
Even if the Polish constitution is clear and Polish law is clear, the international business community must be given assurances that the constitution and legal system will be applied fairly and properly. Otherwise, there is a risk that they could be accused of something that is not their fault or that they might be placed in a facility before their fault is proven. They need to be assured of this in order to decide if they are going to come here or stay here. Because if something goes wrong, it doesn't only effect that person but also their families and career.
If you are not charged, would you consider staying in Poland or continuing to run a business here?
No, I would not. There is a 180-degree change in my opinion since before the situation. In New Zealand, Australia, America this would never happen. What they would do is apply the law consistently, then determine your level of responsibility, and as such determine your need to be incarcerated or not. But after sentencing, not before. However, I still love Poland and the Polish people, the constitution and law. But I don't like the way this constitution and law are applied. And this has changed my view of staying here.
