Man who claimed friend had 'gone crazy' accepts culpability for Tipperary killing
Tomasz Rozpeda (29), of no fixed abode, accepted culpibility for the death of Maciej Nowak in Ballycranna, Kilross, Co Tipperary, in December 2023
No one knows "exactly what happened" on the night a 32-year-old man was killed by his friend, the Central Criminal Court heard on Tuesday, May 19, with both men having consumed "substances to excess".
The court was told during today's sentence hearing for Tomasz Rozpeda (29) that there was almost a fatal level of amphetamines in the deceased's man's system, but it was ruled out as being the cause of death.
Rozpeda had told an emergency operator that his friend, Polish national Maciej Nowak, had "gone crazy, hitting things and hitting himself".
However, the hearing was also told that the deceased's brain had twisted within his skull and that he died from blunt force trauma not in keeping with self-inflicted injuries.
A defence barrister said what was hoped to have been a normal evening of socialising between two friends had turned into "something very different".
Rozpeda was originally charged with the murder of Mr Nowak on a date on or about December 26 or 27, 2023 at Ballycranna, Kilross in Co Tipperary.
However last March Rozpeda, of no fixed abode, pleaded guilty to manslaughter when he was arraigned before the Central Criminal Court.
John Berry SC, for the Director of Public Prosecutions, told the court on Tuesday that the single count of unlawful killing had occurred on St Stephen's Day and into the early hours of the following morning that December.
Mr Berry entered a nolle prosequi on count one, meaning that the State will not be proceeding with the charge of murder against the defendant.
At the outset of today's sentence hearing, Detective Inspector Declan Boland from Thurles Garda Station detailed the background of the incident, telling Mr Berry that a phone call was placed by Rozpeda to emergency services on the morning of December 27, 2023.
The Det Insp said Rozpeda spoke to the 999 operator for around 15 minutes, during which he indicated that his friend Mr Nowak was in trouble and that the deceased had "gone crazy hitting things and hitting himself".
An ambulance arrived at Kilross at 5:02am that morning, where Mr Nowak was found lifeless and cold to touch on the kitchen floor of his house.
The investigation revealed CCTV footage showing Rozpeda arriving at the area where Mr Nowak lived at 4pm the previous day.
The pair were captured at an 'Applegreen' service station outside Tipperary town in Mr Nowak's car before arriving back at the victim's house after 5pm that day.
Counsel said CCTV footage also showed a car similar to Mr Nowak's leaving the area around the time the 999 call had been placed.
Mr Berry said Rozpeda was nominated by gardaí as being a suspect in the case and efforts were made to locate him.
The defendant was initially arrested on suspicion of having caused harm to Mr Nowak but denied this in his interviews with gardaí.
The Det Insp agreed with counsel that Rozpeda told gardaí he had travelled by train to his friend's house, rather than driving, and that a "number of untruths" had been told by him to distance himself from events that took place.
The Det Insp said gardaí were able to identify the defendant's movements from witness accounts, which included a voice note sent by Rozpeda to a friend at 10pm on December 26, indicating something had happened and that the situation was "fu**ed up".
The lawyer said there were also a number of attempted phone calls made by the defendant to other individuals around 4am the following morning as Rozpeda travelled back to Dublin.
The defendant had looked for advice and assistance in calling an ambulance and was advised to call 999.
One of the people who spoke to gardai indicated Rozpeda told him he had an argument with his friend and an accident had happened. Another said Rozpeda told him he had "f**ked up" and done something wrong, said the witness.
Mr Berry said Rozpeda made contact via 'Facebook Messenger' with the deceased's fiance in the early hours of December 28 and indicated he had "sent" Mr Nowak to hospital.
Counsel said a pathologist's report recorded 70 areas of bruising on Mr Nowak's body. "There were no stab wounds or fractures or anything of that nature," he told the court.
Mr Berry said the 999 call made by Rozpeda claimed that Mr Nowak "had gone crazy", was hitting himself and breaking the place up, which had been considered by pathologist Dr Heidi Okkers in her report.
A toxicology report showed a high level of amphetamine in Mr Nowak's system and a large quantity of alcohol. The Det Insp agreed there was a concern the deceased had been misusing drugs and alcohol at the time.
The deceased's cause of death was blunt force trauma to the head.
There was an injury connected to the "twisting of the brain within the skull", while the head and neck had 27 distinct areas of injury and bruising, said counsel.
The garda witness said blood-stained broken bottles had been found scattered on the kitchen floor.
He agreed that Dr Okkers had ruled out the presence of drugs in the deceased's system as being the cause of death.
Counsel said Dr Okkers found Mr Nowak was struck multiple times with an object and/or a flat surface.
She also found the blunt force trauma was not in keeping with self-inflicted injuries.
The witness agreed that when Rozpeda was interviewed by gardaí, he didn't admit to causing the death of Mr Nowak and instead attempted to distance himself.
The Det Insp also agreed that Mr Nowak had invited Rozpeda to Tipperary to spend St Stephen’s Day with him.
The court heard Rozpeda has no previous convictions in this jurisdiction.
He has three previous convictions from Poland, which include driving a motor vehicle under the influence of alcohol and drugs as well as possession of narcotic drugs.
Mr Berry said the DPP's view is that the case falls in the medium range of culpability, with a headline sentence of between four and ten years.
He said the defendant had been in custody since December 28, 2023.
VICTIM IMPACT STATEMENTS
In a victim impact statement read by Mr Berry, the deceased's sister Monika Kubiaczyk said her world "came to a standstill" when she received the news about her brother's "sudden and tragic death".
Ms Kubiaczyk said she can't believe she will never see her brother again and that the world has now become an unsafe place for her.
"Someone in a brutal manner decided to take his life, nothing will ever be the same again. A part of me died with him".
In a second statement, the deceased's fiance Joanna Bischoff said Mr Nowak was the love of her life and described him as a charming and kind-hearted man.
She said he was a devoted father to three children.
Ms Bischoff said they shared a "magical chemistry" and were due to marry in June 2024.
She said she had been left with an emptiness, that her world had been shattered and she is unable to accept her fiance is gone.
She said this "tragedy" had broken her physically and mentally and she has been forced to rely on antidepressants.
"I do not believe I will ever be able to love anyone again".
The Det Insp previously said it was Ms Bischoff's belief that the couple's arguments about the deceased's drugs and alcohol use would be resolved.
Under cross-examination, the Detective Insp agreed with Michael Hourigan SC, defending, that this "awful event" had happened in the context of there being no animus and the men knowing each other for the previous ten years.
The barrister said what was hoped to have been a normal evening of socialising had turned into "something very different".
The Detective Insp also agreed that a very high level of intoxication in terms of amphetamines had been consumed.
The witness said 16 cans of 'Carlsberg' had been purchased but only one was drunk.
He also agreed that the pathologist had said there was almost a fatal level of amphetamines in the deceased's system.
The officer further agreed the reality is that "no one knows exactly what happened that night" and that Dr Okkers had said the amphetamine use may have contributed to certain behaviours as described by Rozpeda.
MITIGATION
In his submissions today, Mr Hourigan said he was instructed to apologise for his client's actions and that Rozpeda accepted responsibility and culpability for what had occurred.
The defence counsel said one of the tragedies of the case is that the men were friends and didn't fall into each other's company that night but had arranged to spend time together.
He said Rozpeda and the deceased had consumed "substances to excess" that evening.
Counsel asked the court to take into account that his client hadn't brought a weapon to the house and there was no suggestion of prior animus.
Ms Justice Eileen Creedon remanded Rozpeda in custody until July 6, when he will be sentenced.