The trial of two accused of the rape and murder of 15-year-old Małgosia has ended before the Court of Appeal in Wrocław. Tomasz Komenda was originally unjustly convicted of the crime in Miłoszyce – acquitted after 18 years. The judgment is final.
On Wednesday, the appeal process in the case of the “Miłoszyce crime”, ie the rape and murder of 15-year-old Małgosia, ended in the Court of Appeal in Wrocław. Two men were responsible before the court: Ireneusz M. and Norbert Basiura (he agrees to publish his data and image).
The chairman of the 2nd Criminal Division of the Court of Appeal in Wrocław, judge Bogusław Tocicki, informed the Polish Press Agency about the verdict. “The court upheld the first instance sentence for Ireneusz M. and sentenced him to 25 years in prison, while Norbert Basiura was lightened and sentenced to 15 years in prison” – said the judge.
The closing speeches ended earlier on Wednesday. After the deliberation, the court pronounced the verdict. Due to the epidemic threat, journalists could not participate in the hearings at which there were final speeches and in the announcement of the verdict.
Opinions against those accused of the crime in Miłoszyce
During the appeal process, expert Tomasz Kupiec from the renowned Institute of Forensic Expertise prof. J. Sehn in Krakow confirmed in biological samples secured by the investigation in the case of the murder of teenage Małgosia in Miłoszyce in 1996, there is DNA belonging to the accused.
The merchant emphasized that – using the tests carried out earlier by Krzysztof Koloch, an expert in forensic genetics – he was working with a mixture of genetic material. He noted that depending on the person interpreting the results, there may be some differences. Experts formulate hypotheses as to the number of people in the mixture, which more or less influences further activities.
As the expert said, the tested samples contained, among others blood and semen components. – The study obtained a set of DNA mixtures of Ireneusz M. and Małgorzata K. The complete DNA profile of Norbert Basiura was also extracted – said the expert.
Koloch is the head of the Forensic Laboratory of the Provincial Police Headquarters in Wrocław. In 2017, he performed genetic tests, which became part of the indictment. He confirmed his testimony and opinions presented in the trial in the first instance before the District Court in Wrocław. The expert assessed that the evidence from genetic tests was “extremely strong” in the case of Basiura and “very strong” in the case of Ireneusz M.
During the trial before the Wrocław court of appeal, it was also revealed that Ireneusz M. had access to a mobile phone in his cell. The court also received a recording of a witness who wrote a letter to the court claiming to have important information on the case. The witness was questioned outside Poland.
One is in custody, the other is free
The prosecutor accused Ireneusz M. and Norbert Basiura of committing the crime in Miłoszyce. According to the investigators, both defendants took the 15-year-old out of the club where the New Year’s Eve disco was held. Both men were – according to the prosecution – to use violence against Małgorzata K., resulting in numerous injuries.
Moreover, Ireneusz M. was accused of rape of another woman in 2007 in Piekary (Dolnośląskie).
Ireneusz M. was charged in the case of the Miłoszyce crime in June 2018. He was then in prison, sentenced for another crime. He is under arrest to this day. Norbert Basiura, on the other hand, was arrested at the end of September 2018. In January 2019, the Court of Appeal in Wrocław quashed the decision of the court of first instance to extend his detention. Since then, he has been free-footed. He was arrested for a short time after the judgment of the court in first instance, but The Court of Appeal quashed this detention.
None of the accused men plead guilty to the charges.
First instance court verdict: 25 years in prison, “because guilt is not in doubt”
On New Year’s Eve, December 31, 1996, a 15-year-old girl was playing with her friends at a disco in Miłoszyce near Wrocław. At one point she went outside the building. Several hours later – on a private property opposite the disco – she was found dead. She died as a result of a cold her body and sustained wounds.
In September 2020, the district court in Wrocław found that both defendants were guilty of rape with particular cruelty, as a result of which 15-year-old Małgosia died. He sentenced both men to 25 years in prison. – The guilt and circumstances of the act committed by the accused do not raise doubts – said the chairman of the judge, judge Marek Poteralski.
The court indicated that the accused had acted jointly and in agreement with other persons who had not yet been identified. – They committed a gang rape with particular cruelty (…) they left her naked, lying on the ground and in a generally inaccessible and unlit place, and they returned to the disco, not interested in her further fate – said judge Poteralski in the justification of the sentence.
In the justification of the verdict, Judge Poteralski emphasized that the DNA evidence clearly indicated the rape. – In the case of Norbert Basiura, the expert assessed this evidence as extremely strong, and in the case of Ireneusz M. as very strong – explained the judge.
The court also found that the acts committed by the accused, i.e. rape and the crime of murder with a possible intention, could not be distinguished in any way. – It is impossible to separate the defendants’ behavior, ie brutal rape (…) from the fact that, walking away from the scene of the rape, they knew that the victim had not screamed or called for help, which proves that the worst could happen. You do not need to be a man of a special mind to realize that leaving a naked person lying on the ground after the rape has been committed in such circumstances and conditions will end up freezing – argued judge Poteralski, emphasizing that the defendant was indifferent to the fate of Małgosia.
Originally, Tomasz Komenda, who spent 18 years in prison, was sentenced for the crime in Miłoszyce. In May 2019, the Supreme Court acquitted him after reopening the proceedings.
Main photo source: TVN24 Wrocław