Polish court lifts bail for farmer who plowed asphalt but keeps tractor seized
A Gliwice court revoked police supervision and bail for Józef Magiera, who plowed up a newly paved road, but rejected the return of his tractor.
Court ruling in Gliwice
On 1 October 2026, the District Court in Gliwice reviewed three complaints filed on behalf of 60-year-old farmer Józef Magiera, who plowed up an asphalt road in August. The court lifted the non-custodial preventive measures imposed on Magiera, including a 10,000 PLN financial surety and mandatory police supervision that required him to report three times a week. However, the judge refused to order the immediate release of his seized tractor. Prosecutors from the Gliwice-Zachód District Prosecutor's Office argued that keeping the machine on a police lot remains necessary to secure future penalties and road repair costs. The court ruled that the defense must submit formal documentation proving that the vehicle is an essential agricultural tool before the prosecutor can reconsider returning it.
The August road dispute
The conflict originated on 7 August 2026 on Rybacka Street in the Ostropa district of Gliwice. Magiera drove his 45-year-old Ursus tractor with an attached plow across approximately 200 meters of newly laid road surface, destroying the fresh asphalt. Magiera contended that the municipal government paved over private land that belonged to his family farm. The Gliwice Municipal Road Administration and local prosecutors contested that assertion, pointing to land registry records establishing municipal ownership. Police arrested Magiera at the scene, and he spent one week in pre-trial detention before his release.
- Józef Magiera plows up 200 meters of newly laid asphalt on Rybacka Street in Ostropa.
- A regional court ends Magiera's detention after damage estimates drop to 180,000–185,000 PLN.
- The District Court in Gliwice lifts bail and police supervision but keeps the tractor impounded.
Defense arguments and property seizure
Defense attorney Adam Szewc argued during Thursday's hearing that impounding the tractor leaves the farmer unable to generate income or complete field work ahead of the winter season. Szewc stated that the vehicle holds more sentimental value than commercial worth and should not serve as financial security. Magiera arrived at the courthouse on a bicycle, explaining that he uses the same transport for his former police check-ins. Michał Kałużny, a social assistant assisting Magiera and a member of the KORWiN party, attended the hearing to support the defense. Szewc explained the court's evidentiary requirements after the decision:
Despite our assertions and the suspect's explanations, this is still insufficient at this stage. We must document it.
Shifting damage estimates and next steps
The case shifted in August after technical experts revised the estimated cost of the road damage. Initial municipal estimates placed the damages at 300,000 PLN, but subsequent assessments lowered the valuation to between 180,000 and 185,000 PLN. Following that reduction, the regional court found pre-trial custody unjustified, replacing it with the 10,000 PLN bail, police supervision, and tractor seizure. Before the hearing, Magiera addressed reporters outside the courtroom regarding his actions and the initial custody order:
What I did was done in defense of my own land. What they showed proves that this state is not democratic.
With the police supervision and bail now formally revoked, the defense is preparing evidence of Magiera's farming operations to submit to prosecutors. Szewc stated that a formal petition for the tractor's release will follow once the documentation is complete. Meanwhile, the damaged section of Rybacka Street remains awaiting repairs.
