Transcripts of conversations between Orlen's bosses. Siemoniak: There can be no consent to this…

On the last day of February, material by investigative journalist Jacek Harłukowicz appeared. “I would like to invite you to the story of how Daniel Obajtek, with varying degrees of success, bought anti-Covid drugs from an arms dealer and sent them to the Pope, and the CBA recorded everything” – this is how the editor, formerly associated with “Gazeta Wyborcza”, announced his material on the X platform. The surveillance used included, among others: Israeli Pegasus software, the use of which was confirmed by the portal's source – “an informant involved in the case”.

From the materials (specifically 85 pages) we learn that the Central Anti-Corruption Bureau, during the rule of Law and Justice (which today is politically in opposition to the Civic Coalition in power), was to “eavesdrop and record telephone conversations of the president of Orlen,” the portal reveals. Two topics were to appear in the transcripts: regarding an empty LOT plane from China, rented by Orlen, and regarding the protective equipment that the head of the Catholic Church was to receive during the coronavirus pandemic.

Four applications for consent to wiretapping

As Harłukowicz writes, the head of the CBA, Ernest Bejda, applied (four times) to the Warsaw district court for the possibility of eavesdropping on Burak, a member of the company's management board responsible for marketing. The surveillance lasted over a year – these requests concerned consent “to operational control of telephones” regarding possible corruption. Burak was previously, among others, journalist cooperating with Polsat – gazeta.pl reports. Through him, the government agency also reached the president of Orlen himself.

Obajtek and Burak often talked to each other (the former president of the company trusted him). Thanks to this, they were to collect a lot of materials regarding the activities and intentions of both of them.

Masks, empty plane and financial losses

The chapter of wiretapping entitled: “Suspicions of committing the crime of mismanagement, abuse of trust and acting to the detriment of the company” – is to contain records of conversations regarding protective masks that the company's heads intended to purchase from Andrzej Izdebski – the same one who, at the request of the government (in 2020), had deliver respirators during the pandemic (1,241 pieces – ultimately 200 of them were delivered to Poland). As “Rzeczpospolita” reported in October 2022, the company owner died of a heart attack, and his body was found on June 20 by the Albanian police in Tirana.

Orlen chartered a plane of the Polish Airlines “LOT”, which was supposed to return from the Middle Kingdom to Poland with masks on board, but it returned empty-handed. It was estimated that the company could have incurred losses of USD 0.5-1 million. The transcript includes a conversation between Objatek and Burak – the former asks the latter if “they won't attack him in the media for arriving on an empty plane.” – Nobody knows about it, so don't worry – the board member replies. Obajtek then said goodbye and hung up.

Anti-COVID measures, a satisfied Pope Francis and the presidential elections

Another case concerns: “Irregularities during the organization of transport with protective measures (regarding COVID-19 – ed.) for the Vatican, which may result in action to the detriment of Orlen” – reads the title of the next chapter. In early May 2020, when the coronavirus pandemic broke out (the World Health Organization issued an official statement on this matter in early March), Pope Francis received protective equipment, which then arrived packed in truck trailers to the capital of the Catholic Church. Among them were, among others: masks and disinfectant liquids, but not only that – the materials were supposed to cost around PLN 3 million. It is worth adding that in Poland there was no excess of this type of funds at that time.

During the conversation with Burak, Obajtek noted that the Pope was grateful to the president when he learned that “liquids” would reach the Vatican from Orlen. Here, the investigative journalist notes that shortly afterwards, at the end of June and in the first half of July, the presidential elections were held (1st and 2nd round). Andrzej Duda ran for re-election in these elections.

Obajtek: A mixture of lies and half-truths

Magdalena Sroka commented on the publication, assessing that Obajtek had a “protective umbrella” over him, quoting the head of the investigative committee for Pegasus TVN. Onet reports that after collecting these materials, the CBA sent applications to the Operational and Investigation Department, which, however, were rejected twice. “The material obtained (…) as part of the case (…) constitutes significant evidence of committing crimes by the persons mentioned (Obajtek and Buraka – ed.)” – as the office agents assessed. They added that they should be sent to the prosecutor general so that preparatory proceedings can then be initiated. – Despite collecting thick evidence against Daniel Obajtek, the (protective umbrella – editor) was spread very widely – says the MP from the Polish People's Party-Third Way. As TVN adds, Sroka also wants to analyze the report during the meetings of the Pegasus committee. If the case is confirmed, this time it will go to the prosecutor's office and court, he assures.

On February 29, the former president of Orlen commented on the article on the X platform. “What Harłukowicz and Onet published is a mixture of lies and half-truths. The analysis on which the article was based is not a true document. Therefore, it is difficult to comment on its content in any way,” Obajtek said.

Harłukowicz answers

His entry received a reply. “An interesting belief that the analysis is a false document for someone who does not have a certificate enabling access to classified documents. Hell, even a certificate. What makes the person being investigated believe that he was not being investigated?” – asks Harłukowicz on the X platform.

But why did the Operational and Investigation Department reject the applications of CBA agents, so that they did not reach the prosecutor's office? The source did not receive any comment from the department. As Harłukowicz writes, Obajtek “didn't lose a hair on his head.” The journalist also sent inquiries regarding the publication to attorney Maciej Zaborowski, Obajtek's legal advisor, who was supposed to make sure that he was actually still representing his (perhaps former) client, but the contact later broke off.

Siemoniak: There can be no consent to leaking top-secret operational materials

In the context of the disclosed conversations, the coordinator of special services, Tomasz Siemoniak, also spoke on Radio Wrocław. – Of course, there can be no consent for top-secret operational materials and wiretap transcripts to be leaked and become the subject of games – says the minister. He added that the publication “revealed a pathological fragment of the state's actions under its predecessors.” – Various actions were taken in a completely discretionary manner. Important representatives of Orlen functioned between the president and the prime minister, taking actions that were absolutely not the responsibility of the president of Orlen, Siemoniak believes.

He added that “it is no secret (…) that many investigations are ongoing into Orlen's activities.” He said that the CBA is analyzing why, how and when the leak occurred. – It is impossible to function in a country where top secret materials can be seen in the media. My guess is that these materials were leaked a few months ago, but it's just a guess that it happened many months ago, he emphasizes.