PBU Department of Discipline: Decision on Balicki -Żmudzinski (Full text)

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Decision of PBU Department of Discipline on Balicki -Żmudzinski

The Department of Disciplne of the Polish Bridge Union (PBU) in Warsaw composed of:

Jacek Grzelczak – chairman of the commission;

Sandra Różańska – member of the commission;

Michał Klichowicz – member of the commission.

On 14 June 2017 examined the cases against Cezary Balicki and Adam Żmudzinski for players of AZS Wratislavia WR, registered in the Polish Bridge Union. They are accused of § 3 sec. 1 Disciplinary Rules of the PZBS 2007 with amendments made on 21 August 2016. The allegations are of using illegal means of communication during the course of the game, whilst officially representing Poland in 2014 during the EBL (European Bridge League) competition – European Championship in Opatija, Croatia.

The Departmentod Discipline rules:

1. After analysing the collected material, to acknowledge the undisputed fact of the illegal transmission of information during the play by pair Cezary Balicki – Adam Żmudziński;

2. To refrain from punishing the accused due to expiry of the limitation of the offences referred to in § 11 sec. 2 Disciplinary Rules;

3. To leave the case without further consequences.

Three people participated in the consultation and vote: 2 votes in favour, 1 abstention.

Sandra Różańska, in a separate comment to the above statement, stated that it is correct to conclude that the matter is not going further, but does not agree with the content of the ruling.

 

SUBSTANTIATION

In a statement from 31.05.2017, the President of the Management Board of PBU Witold Stachnik asked the Department of Discipline to reconsider the case against Cezary Balicki – Adam Żmudziński, completed by the final judgment of the EBL Disciplinary Commission of 10.02.2017 in connection with the new evidence for the decision whether the couple used or did not use unlawful means of communication during the bridge competition.

Members of the Department of Discipline, having examined the formal grounds for filing a complaint, considered that pursuant to Paragraph 19 1 RD. The President of PBU, on his own initiative or at the request of the authorities and entities indicated in § 19 subpara. 1 lit. A-e Discipline Regulations ‘may order the reconsideration of each case completed by a final decision. An application to the detriment of the punished can not be filed 6 months after the judgment has become valid.’

The application referred to the acts listed in the Disciplinary Rules in § 3 sec. 1 and § 46 sec. 1, which constitute disciplinary offences, resulting in disciplinary action.

The Department of Discipline was involved in the proceedings of the EBL Disciplinary Committee, which dealt with fraud charges in 2014 during the European Bridge Championships in Opatija, Croatia. The EBL Commission’s proceeding had to do with the bidding cards’ placement on the tray, during the second round of bidding, and the PBU Department of Discipline is not questioning the findings of that commission.

New evidence that has emerged after the EBL Commission’s ruling concerns the allegation of fraud, but nevertheless relates to another aspect of the sport bridge – defense and declarer play, which together with Article 11 The 5 Disciplinary Regulations provided a sufficient basis for conducting disciplinary action.

Members of the PBU Discipline Unit in the persons of Piotr Ilczuk, Igor Grzejdziak, Tomasz Radka and Sandra Różańska conducted a thorough analysis of the available evidence. Results, supplemented by mathematical analysis, were presented at the disciplinary hearing. During the hearing, a representative of the defendants was given the opportunity to speak on any issue related to the subject matter of the hearing, to learn about the evidence and to comment on it.

The presented evidence only concerned the European Championships in Opatija in 2014. The assessment of the presented material leaves no doubt as to the unequivocal finding of the allegation of inappropriate use of communication methods during the game. However, due to the lack of evidence from a period that could lead to a sentence, the members of the adjudication panel shall waive the punishment due to the expiry of the limitation period in accordance with Paragraph 11 subpara. 2 of the Disciplinary Regulations.

Department of Discipline:

Jacek Grzelczak – chairman

Sandra Różańska

Michał Klichowicz

June 22, 2017

 

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 [English translation by Laura Cecilia Porro for Neapolitan Club]

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