Pole who claimed prison 'brimming with drugs' gets 23 months

A Polish man who last week described prison as a “guest house” and as a “place where 90% of inmates are on drugs,” was this afternoon sentenced to 23 months in prison after being found guilty of attempted theft.

On 6th August, 53-year-old Januariusz Cholaszczynski, admitted to aggravated theft, and in his submissions, pleaded with the court not to send him to prison, describing Corradino Correctional Facility (CCF) as a place which “does not serve as a deterrent to prisoners, and that he would experience no change in prison.”

Moreover, Cholaszczynski, alleged that prison is brimming with drugs, and that “90% of the prison’s 700 inmates are on drugs.” In addition Cholaszczynski – a self-confessed gambler - took exception at the inmates’ choice of food, arguing that this makes prison resemble a guesthouse – rather than a correctional institution.

Cholaszczynski’s allegations prompted a backlash by shadow home affairs minister Jason Azzopardi, who labeled the claims as a “serious concern”. Moreover, the home affairs ministry ordered that random urine tests be carried out on inmates.

The claims were however heavily rebutted by prosecuting inspector Jonathan Ransley who told the court that just as Cholaszczynski is a gambler, his allegations were also a “gamble so he would not go to prison.”

Presided by Magistrate Aaron Bugeja, the court also upheld an application by the police commissioner for a CCF representative to testify to dispute the allegations. Refuting the claims, CCF representative Simon Buttigieg testified that after carrying out 200 random urine tests, only three tested positive for illicit substances.

Reading his decree this afternoon, Magistrate Bugeja found the man guilty of aggravated theft, of relapsing, and of committing the crime during the operative period of a suspended sentence.

He also noted that the accused was found guilty of two thefts, one in February and another in March – the latter of which Cholaszczynski was handed a suspended sentence.

"Your criminal history does not augur well. You have to show more respect to the country which is hosting you and its citizens,” Magistrate Bugeja told Cholaszczynski.

“The accused was already afforded an opportunity to reform, but in light of his relapsing and the fact that he committed three separate offences in the space of ten months, the court cannot give Cholaszczynski another chance,” the court ruled.  

In handing down his judgment, the Magistrate also ordered the police commissioner to launch the necessary investigations at CCF, and to take the “necessary steps” against inmates who are breaching the law.

Magistrate Aaron Bugeja found the man guilty of aggravated theft, of relapsing, and of committing the crime during the operative period of an 18-month long suspended sentence. He consequently sentenced him to a total of 23 months in prison.

Inspector Jonathan Ransley prosecuted.