The National Prosecutor’s Office examined whether it is justified to reveal wiretapping on journalists and making the materials on the civil case of deputy head Jacek Mąka. It has found that the law was not broken.

On 22 June 2009 conversations conducted by suspect Wojciech Sumliński were declassified as the prosecution requested, and as such were made available to Jacek Maka’s proxy. Mąka was particularly interested in whether the records of the case included any evidence of contacts between Sumliński and journalists Bogdan Rymanowski and Cezary Gryz, as well as whether Cezary Gmyz helped Sumliński write an open letter to the media.

Jerzy Szmajdziński accused the latter ones of helping Sumliński prepare an unsuccessful suicide attempt. The prosecution emphasises that issuing a separate order by a prosecutor was not required, and all procedures concerning the stenographic records had been met. Moreover, the documents did not violate anyone’s personal data protection rights. Neither do they include any names, but only phone numbers to Wojciech S’ interlocutors.
The registered conversations are important for the criminal proceeding that is currently taking place and allegedly include evidence of an intentional preparation of suicide. They show the state that Sumliński was in the day before his suicide attempt. The National Prosecutors claim that the regulations do not specify the criteria for releasing the files, but only point to a person who can allow for this.
Making open documents available to the third party is not infrequent, claims the Prosecution. Between 2007 and 2009 only 3 motions out of 119 were rejected. Thus Mąka’s motion was by no means an exception.

In July 2008 journalist Wojciech Sumliński, who was suspected of offering positive verification to former officers of Military Information Services in exchange for money, tried to commit suicide in a Warsaw church. "Rzeczpospolita" wrote that before the court made a decision concerning the journalist’s arrest, he had given the newspaper a letter in which he wrote about his recent journalistic investigations and suggested that “he could have fallen into disfavour with so many people”. According to “Rzeczpospolita”, Sumliński claimed that Mąka threatened him for being interested in irregularities concerning the ownership of his flat.

According to Sumliński, Mąka obtained his Warsaw flat worth around a million zlotys in breach of the law. The journalist also claimed that the deputy head of ABW tried to force the former head of ABW office in Lublin to give false evidence against former minister- coordinator of special services Zbigniew Wasserman before the parliamentary secret services committee.

In a special statement Mąka wrote at the time that these reports are nothing but mendacious innuendo.