Man seeks to have conviction for Athlone man’s murder declared a miscarriage of justice

by Fiona Magennis

A Polish cage fighter jailed for life for the murder of a 23-year-old man who was beaten unconscious and left to drown in the River Shannon in Athlone is seeking to have his conviction declared a miscarriage of justice.

Leszek Sychulec, now in his 40s, a Polish cage fighter with a last address at Drinan, Ballymahon, Co Longford, and his co-accused, Andrzej Gruchacz, previously with an address in Warsaw, Poland had pleaded not guilty to murdering Patryk Krupa at Bogganfin, Athlone, Co Roscommon on June 20th, 2014.

Mr Krupa drowned in the Shannon outside Athlone while incapacitated with a head injury from a violent assault.

A Central Criminal Court jury deliberated for five hours before reaching unanimous guilty verdicts. The defendants were accordingly given mandatory life sentences by Mr Justice Tony Hunt on June 13, 2016. Before handing down sentence, the judge told the court that no explanation into the background of what caused this to happen to Mr Krupa had been forthcoming.

The trial heard that Mr Krupa had been walking to the gym with his two friends, when a black BMW stopped beside them and two men got out. One of these men headbutted one of Mr Krupa’s friends and told them to f**k off. They moved away as instructed and Mr Krupa disappeared down an alley with the men from the BMW.

Blood and DNA matching that of the deceased was found on a watch worn by Sychulec at the time of his arrest and there was evidence of blood staining on one of his socks.

Both men subsequently appealed their convictions, but they were upheld by the Court of Appeal in 2018.

Sychulec’s case was listed for mention at the Court of Appeal on Friday last, as part of a list of cases for management before Ms Justice Isobel Kennedy. When the matter was called on, barrister Stephen Faulkner told the judge that this was an application for a miscarriage of justice certificate following Sychulec’s conviction in June 2016.

Mr Faulkner, who told the court he appeared led by senior counsel Mark Lynam, said the crux of their instruction is that the miscarriage of justice arises in the context of “undisclosed material relevant to state witnesses”.

A barrister for the Director of Public Prosecutions noted Sychulec’s legal team intend to write to the director’s office and outline exactly what is required in relation to disclosure. “Essentially time is needed,” he said.

Ms Justice Kennedy said she would adjourn the matter to July 3.

“That will give you an opportunity to resolve any outstanding issues,” she said.

The judge said an affidavit exhibiting the new evidence should be filed by June 15.