During the hearing at the court on February 8, 2021, Joanna Wacyk testified that she had heard about a prepared portion of drugs (a so-called line) that was supposedly waiting for Rafał in his passenger car. However, the child was not transported in that car on the day of the tragic accident. The drug was supposedly prepared for Rafał B. by an acquaintance—that is what the mother suspects. The woman was convinced that Rafał B. would not have knowingly given drugs to the child.
Joanna Wacyk assured the court in her testimony that the boy was the apple of his father’s eye. According to the woman, Kacperek loved his father so much that when his father left for work in Germany, the child waited for his call until late at night. The bond between father and child grew stronger after the orthopedic surgery the boy underwent after his first year of life. The surgery was followed by lengthy rehabilitation, and at that time the parents devoted more attention to the child. Rafał B. became particularly close to his son.
In her testimony before the court, the woman stressed that Rafał B. was a good father to Kacperek. He loved the child and showed it. Unfortunately, he was not the best caregiver, according to the mother’s testimony. He left his family, had his own affairs and was often away from home at night. Joanna Wacyk claims that he wandered around with friends, drank and took drugs. The woman concluded by emphasizing that on the day Kacper disappeared, Rafał B. was desperate, searched for the child desperately and with dedication, and to this day cannot forgive himself for the tragedy.
“The main charge in the indictment is failure to exercise proper care over the child,” says Katarzyna Wójcik-Kurcio from the Bolesławiec prosecutor’s office. “As a result, a tragic incident occurred in which the child drowned. The indictment also covers giving drugs to another person free of charge and driving under the influence of intoxicating substances. We assumed that the father left the drugs in a place where the child could take them,” Katarzyna Wójcik-Kurcio reports.
Rafał B. does not admit to giving drugs to the child, but the prosecutor’s office does not accuse him of knowingly and intentionally giving the drug to his son either. The defense also challenges the information about the length of time for which the father lost sight of the child.
“The accused admitted to some of the charges, but not to the main one—that he left the drugs in a place accessible to the child,” says attorney Luiza Słychan from the ZSadwokaci law firm. “The accused does not admit to the length of time for which the child was allegedly left unattended,” the attorney adds.