Central Criminal Court
A 70-year-old man who fatally stabbed his mentally ill son in the leg during an altercation “will continue to suffer greatly” from his actions, in “a desperately sad case” of manslaughter.
“The burden of guilt that he is carrying is enormous, and his remorse and stress is palpable,” said Colman Cody SC at the Central Criminal Court today (Thursday), acting on behalf of Zbigniew Bednarczyk (70).
Bednarczyk, of Meadow Way, Kilkenny, was initially charged with the murder of his son, Rafal Bednarczyk Jacyna (36) at Meadow Way on February 27, 2023. However, after his trial began last year, he entered a plea to manslaughter, which was accepted by the State.
At a sentencing hearing today, Detective Sergeant Brian Sheeran gave evidence to counsel for the State, Seoirse O Dúnlaing SC, that the deceased and the defendant both came to Ireland in 2006. The court heard that Rafal had mental health issues for which he had been admitted to hospital, with Bednarczyk
Det Sgt Sheeran said that the defendant told gardaí that if his son was not taking his prescribed medication, “he would go crazy”.
On the day of the incident, in response to a 999 call, paramedics arrived at the scene to find Rafal on the floor of the kitchen surrounded by and drenched in blood. Det Sgt Sheeran said it was quite clear to the paramedics that Rafal was deceased, as there was no pulse, so they did not attempt CPR. There was a small puncture wound on the upper thigh of his right leg, which was a single incision that had cut the femoral artery.
The court heard that State pathologist Dr Sally Anne Collis said that it was difficult to determine the degree of force used, but the severing of the femoral artery caused the deceased to go into hypovolemic shock.
A witness who was present in the house said that Bednarczyk and the deceased had been “getting physical with each other”. The witness said that Rafal left the kitchen, but then he came back in and he and his father started calling each other names. The witness said the two men were close to each other, then he saw a lot of blood appear around Rafal’s leg. The
Another witness told gardaí that Rafal bought vodka on the day before he received a call from Bednarczyk. The witness said that Rafal became very aggressive to his father over the phone.
Det Sgt Sheeran said that when interviewed, the defendant said he was at home getting food ready, when Rafal came in very agitated. Bednarczyk said he asked his son if he had taken his
The court heard that the depth of the wound was 11cm, which almost came to the back of the leg. Det Sgt Sheeran gave evidence that the defendant told gardaí: “I don’t have the strength to do this, but maybe he fell on it or kicked.”
The detective sergeant also said that Bednarczyk told gardaí that had his son taken his medication, “he would be okay”.
“Every time he did not take the medication, he would go crazy. I wanted to do good for him,” Bednarczyk told gardaí.
Rafal’s mother, Beata Przybylska-Block, made a victim impact statement, which was read to the court by Mr O Dúnlaing. She said that the death of her son has had “a devastating effect” on her, as “my joy in my own life has completely disappeared”.
She said she had taken Xanax tablets to prevent thoughts of suicide and had gone to bed at 5pm every day so she would not think of what had happened.
In his mitigation for Bednarczyk, Mr Cody said that the deceased had developed very serious mental health issues. He said there were difficulties between the defendant and his son, due to Rafal not adhering to his treatment and other family issues.
“It goes without saying that this is a desperately sad case,” said Mr Cody, adding that Bednarczyk had already suffered greatly and “will continue to suffer greatly” as he inflicted the injury that caused the untimely death of his son.
“He was keen to make sure his son was adhering to his medication, which became a great source of dispute between them,” said counsel.
Mr Cody said that on the day, the deceased was in an inebriated condition, which was borne out by a toxicology report.
“The burden of guilt that he is carrying is enormous, and his remorse and stress is palpable,” said Mr Cody.
Bednarczyk has been in custody since March 1, 2023, with a separate sentence imposed since then for fraud offences.
Ms Justice Mary Ellen Ring put the matter back to next Tuesday for sentencing.
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