A person who allegedly murdered his son killed the two-year-old out of spite in direction of his ex-partner, a court docket has heard.
Prosecutors mentioned Lukasz Czapla’s fury in direction of his former accomplice Patrycja Szczesniak is what motivated him to kill their son Julius at his Edinburgh residence in November 2020.
The 41-year-old former IT technician is on trial accused of murdering the toddler, who was shot within the head with a BB gun, stabbed with a skewer-like instrument and smothered with a pillow.
Czapla has beforehand provided to plead responsible to culpable murder, however this has been rejected by the Crown.
At a listening to on the High Court in Edinburgh on Tuesday, Alan Cameron, prosecuting, instructed a 15-strong jury that the accused was “motivated with anger towards Patrycja when he killed his son”.
After referencing particulars of how Julius was killed, and a dialog between Czapla and a buddy the place the dad mentioned he would “kill” or “smash” his son, Mr Cameron mentioned to the jury: “You should be in no doubt to convict him of the crime of murder based on that evidence.”
He then re-read a transcript from a telephone name between the accused and pal Wojciech Marchlewski which passed off a number of weeks after the alleged homicide.
It included feedback comparable to: “I started talking to myself that she was so f****** annoying… for f***’s sake I am so f****** pissed off… the way she ignores me, it really angers me… I was absolutely rageous about her, how could she ignore me?”
Earlier, the court docket noticed textual content messages between the 2 mother and father hours earlier than Julius was killed the place Ms Szczesniak had talked about a brand new accomplice.
When requested by Czapla for extra particulars about him, she declined to remark additional.
Messages had been then despatched from the accused to Ms Szczesniak that contained sexual content material, which she didn’t reply to.
A closing message Czapla despatched to her earlier than he killed their son included: “You’re raising him with another guy, soon enough I’ll have to pay alimony.”
Mr Cameron additionally referenced earlier proof that heard Czapla was paranoid about his former accomplice being untrue initially levels of their seven-year relationship, which the accused mentioned has been exaggerated.
The court docket had beforehand heard proof from three psychiatrists who assessed Czapla’s psychological situation.
Dr Deborah Mountain, who interviewed him hours after Julius was killed, mentioned the accused confirmed no indicators of psychological sickness.
Senior marketing consultant psychiatrists Dr Alexander Quinn and Dr Khuram Khan, who assessed Czapla a number of instances, clashed over some diagnoses, however each agreed the accused had despair, although not severely.
Addressing the jury, Mr Cameron mentioned members are required to resolve whether or not or not Czapla was affected by “diminished responsibility” on the time of Julius’s loss of life, which may scale back the offence from homicide to culpable murder.
He defined this meant that Czapla needed to have been “suffering from an abnormality of mind that substantially impaired his ability to control his conduct at the time of the crime”.
Evidence has proven the accused had consumed alcohol and brought anti-depressant treatment the night time he killed his son.
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Voluntary intoxication can not quantity to diminished accountability, the court docket heard.
However, if somebody is intoxicated, and so they have some type of psychological dysfunction that ought to inhibit their potential to regulate their conduct, then it may apply.
Mr Cameron instructed the jury: “The accused voluntarily consumed alcohol and drugs.
“His impulse was lowered and he acted on his feelings and killed his son to get again at her (Ms Szczesniak).
“Depression played a minor role, and certainly didn’t substantially impair his ability to control his conduct. Alcohol and drugs did this.”
He added: “He was furious with his ex-partner… in a fit of anger and spite he killed his son to hurt his former partner.”
Mr Cameron closed his speech saying “diminished responsibility has not been proved”.
Iain McSporran QC, defending, learn out an opinion given by Dr Quinn after he interviewed the accused for a 3rd time in July 2021, throughout which Czapla gave a “harrowing” account of how he killed his son.
Dr Quinn’s evaluation, which was learn out in court docket, mentioned: “It would appear that Mr Czapla’s depressive illness had a substantial role to play in the events which led to the killing of his son.
“It is my opinion that his depressive sickness would have led to a considerable impairment in Mr Czapla’s potential to regulate his conduct.”
Mr McSporran told the jury: “The phrases utilized by Dr Quinn, engaged by prosecution, helps the skilled skilled opinion that the circumstances for diminished accountability had been met.”
He added: “Lukasz Czapla liked his son Julius, he was a caring, loving father – if something, he was over-protective.
“I would say the killing of Julius is simply inconceivable, it goes against nature, it’s utterly incomprehensible, yet it can be understood. Not excused, but understood.
“This loving father killed his son as a result of his depressive sickness had a considerable position that led to the killing.
“His depressive illness had substantially impaired his ability to control his conduct.”
Czapla has pleaded responsible to 9 different prices which embody harmful driving, drug possession and having an air weapon.
All proof, earlier than Lord Beckett, has concluded.
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