Courts / Dublin / Report

Man who attacked partner with hammer found not guilty of attempted murder by reason of insanity

Summary

In a Central Criminal Court hearing, Tomas Gajowniczek, 37, pleaded not guilty to attempted murder and serious harm against his partner, Alicja Kalinowska, 30, after an assault on 16 June 2016. The jury, after nearly nine hours, found him not guilty by reason of insanity on both counts. Mr Gajowniczek was committed to the Central Mental Hospital for assessment. The trial recounted that he repeatedly punched Ms Kalinowska, forced her to swallow a bottle, stuffed underwear in her mouth, held her nose to stop breathing, beat her with a hammer and gouged her eyes. Ms Kalinowska testified she passed out during the assault. Defence counsel noted psychiatrists had previously assessed Mr Gajowniczek as no longer suffering a mental disorder, but the court ordered further evaluation. The case highlighted the jury's requirement to be satisfied on the balance of probabilities that a mental disorder prevented him from controlling his actions.

Who, what, where, when and why

What: Report matter: Man who attacked partner with hammer found not guilty of attempted murder by reason of insanity. Charges or matters: the attempted murder of Alicja Kalinowska (30) at their home on June 16, 2016; intentionally or recklessly causing serious harm to Ms Kalinowska on the same date at the same location. Procedural stage: finding. Findings: Not guilty by reason of insanity

When:

• June 16, 2016 Hearing Or Sentence
• May 9 Adjournment
• June 16 Incident
• Christmas 2015 Other
• 2018-04-27 Publication

Why: Mr Justice McCarthy told the jury that for a verdict of not guilty by reason of insanity they would have to be satisfied on the balance of probabilities that Mr Gajowniczek committed the physical act but that he was unable to refrain from doing so because of a mental disorder. CNI source report

Case subjects

Places mentioned

Topics

Stage Finding Violent Crime

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Read the original CNI report