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Murderer's conviction unsafe as State should have alive to phone data risks raised in Dwyer case, appeal hears

Summary

In a Court of Appeal hearing on 25 July 2024, Sebastian Bazczuk, aged 36, appealed his 2020 conviction for the murder of former flatmate Michal Kurek, aged 33, who was found dead with 62 stab wounds in Ballyboughal on 4 August 2017. Bazczuk argued that the trial was unsafe because the prosecution failed to establish the locations of mobile phone masts used in the case, and that phone traffic and location data retained under the Communications (Retention of Data) Act 2011 were inadmissible. He contended that the prosecution's schedule of phone records, which included maps of around 40 masts, was not properly proved, with evidence missing for nine of the cells. The appeal also highlighted that the prosecution had not demonstrated whether human interaction was required to assign cell numbers, and that the jury was presented with improperly proved material. The court reserved judgment on the appeal. The case remains at the appeal stage, with no outcome yet declared.

Who, what, where, when and why

What: Report matter: Murderer's conviction unsafe as State should have alive to phone data risks raised in Dwyer case, appeal hears. Charges or matters: murdering his former flatmate Michal Kurek (33) at a place unknown within the State between August 3 and 4, 2017; the murder, but he was convicted by a 11-1 majority jury verdict in October 2020. Procedural stage: appeal. Findings: Found guilty

When:

• August 3 Other
• August 4 Hearing Or Sentence
• October 2020 Hearing Or Sentence
• 2024-07-25 Publication

Why: Mr McGinn explained that a cell number is connected to a particular location, and evidence given by a garda detective during the trial indicated that the geographical location is not contained in this information, so the gardaí must then obtain the code to see where the cell is located. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report