Rafał B. was not brought to the hearing from the prison where he is serving a sentence for other crimes.
The man had previously admitted that he had failed to look after the child properly. However, he denied giving the child drugs or leaving them in a place accessible to the child, as the prosecution had accused him of doing.
The prosecution maintained its charges, including those concerning the accused making a drug available and leaving it in a place accessible to his son. It also stressed that the father had left the child unattended for a prolonged period and, by taking drugs with a friend, had failed to watch the child in a dangerous place and had exposed him to the risk of losing his life.
The prosecution also recalled the accused’s life history. – He had been convicted many times, including for failing to pay child support, driving under the influence of alcohol and possessing drugs – prosecutor Katarzyna Wójcik-Kurcio argued. The prosecution demanded a total sentence of four years’ imprisonment for the accused.
Rafał B.’s defence lawyer raised the issue of the lack of evidence that the accused had left the drugs in a place accessible to his son. – It is impossible that the accused took methamphetamine – said Luiza Słychan, citing expert opinions. – The witnesses clearly indicated that the accused was communicative, and the accused himself admitted that he was not dazed – the defence lawyer added.
The defence argued that, in view of the doubts that had arisen concerning the accused’s drug use and leaving intoxicating substances in a place accessible to the child, the court was obliged to resolve those doubts in the accused’s favour.
– The accused has already been punished; his beloved child died – said the defence lawyer. – The father will serve this sentence for the rest of his life. I request the lowest possible sentence for the accused – Luiza Słychan added.
The court found Rafał B. guilty of the acts with which he was charged and sentenced him to two years in prison. The verdict is not final.
The court agreed with the defence’s arguments and found that the evidence had not shown that the father had left the drug in a place accessible to the child. It acquitted the accused of the charges brought against him in this respect.
– The father failed to provide sufficient care for the child – said the judge. – There is no word in the Polish language for the pain of losing a child. The father will live with the knowledge that he will never hug his son again: his favourite, beloved and spoiled child. Life has already punished the father enough. This verdict is intended to show the great responsibility involved in caring for a child – the judge added, Marcin Rygiel.