Judgement has been reserved in the case of two Polish men who sought to appeal their convictions today for the murder of a man in Athlone three years ago.
Polish-born Patryk Krupa drowned in the Shannon outside Athlone in June of 2014, while incapacitated with a head injury from a violent assault.
Leszek Sychulec with an address in Ballymahon, and AndrzeJ Gruchacz with an address in Warsaw, were handed down life sentences in June of last year after being found guilty of the murder of Patryk Krupa in June of 2014.
In the Court of Appeal today, counsel for Sychulec, Seán Gillane SC, said the most basic steps weren’t taken by an Garda Siochana when a number of witnesses purported to visually identify his client from still images downloaded from CCTV footage, near the location of the crime.
Mr Gillane said witnesses were shown a photograph rather than a range of photographs of a range of different people and he said there had been no identification parade.
The court heard that Sychulec was a man “of striking build” and blood was visible on his t-shirt.
Mr Gillane asked why, when Sychulec was so distinctive that a range of photos weren’t chosen and he asked where the evidence was for the decision not to show a range of photos.
Counsel for the Director of Public Prosecutions, Garnet Orange SC, said there was “quite a good deal” more evidence against Sychulek than the visual identification including the DNA of the deceased on his watch.
Counsel for Gruchacz, Conor Devally SC, submitted that the trial judge erred in admitting into evidence the purported identification of his client, erred in allowing the prosecution to benefit from unfair procedure, and erred in admitting hearsay.
Mr Devally, who appeared with Justin McQuade BL, said he was “ambushed” by the prosecution in a number of ways.
One proposed witness, who had purported to identify his client, wasn’t ultimately called to give evidence.
Mr Orange, for the DPP, said the case wasn’t anywhere near as suspicious or mysterious as Mr Devally sought to portray.
Mr Justice George Birmingham, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would reserve judgment.
