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Tuesday, June 25, 2024

Katowice. He received a life sentence for the murder of 11-year-old Sebastian. The appeal hearing is ongoing

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11-year-old Sebastian was kidnapped from a playground in Katowice and murdered in neighboring Sosnowiec. Tomasz M., then 41, confessed to the crime and the court also proved other crimes against children. The life sentence was handed down in February and both sides appealed against it. The appeal hearing was held on Thursday and the court upheld the verdict.

On Thursday, the appeal hearing of Tomasz M., sentenced in the first instance to life imprisonment for the murder of 11-year-old Sebastian from Katowice, took place before the Court of Appeal in Katowice. Both the defense and the prosecutor’s office appealed against the district court’s verdict.

Like the trial in the first instance, the hearing was held in public. The motion in this matter was supported by all parties. The chairman of the adjudicating panel, Judge Robert Kirejew, pointed out that conducting this case with the participation of the public could violate good manners and the important interests of the people involved.

Tomasz M., who did not submit such a request, was not brought to the hearing, his defense lawyer was present. The prosecutor’s office was represented by Krzysztof Jarzyna from the District Prosecutor’s Office in Sosnowiec.

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The Court of Appeal only slightly changed the judgment of the first instance – a minor correction concerns the costs of ex officio defense, but the remaining judgment was upheld.

This means that the judgment is final.

As explained by the chairman of the adjudicating panel, Judge Robert Kirejew, in accordance with the final judgment, M., sentenced to life imprisonment, will be able to apply for conditional early release no earlier than after 30 years of serving his sentence. He was also ordered to undergo a protective measure in the form of therapy in a closed psychiatric facility – he will be sent there after the end of his prison sentence.

Kidnapped from a playground and murdered. Judgment

The high-profile crime took place in May 2021. Sebastian was kidnapped from a playground in Katowice, taken to Sosnowiec and murdered there. M. was not only charged with the murder of Sebastian, but before the crime he had sexually abused two other children.

February 15 this year The District Court in Sosnowiec sentenced M. to life imprisonment, stipulating that he could apply for parole after 30 years at the earliest. The verdict was appealed by both the defense and the prosecutor’s office. According to the prosecutor, M. should be able to apply for release after 50 years at the earliest. The defense, which considers the punishment too harsh, demanded a leniency of the sentence or possibly a repeat of the trial.

The district court found M. guilty of all seven crimes charged against him, imposing individual prison sentences for each of them. For Sebastian’s murder, the court sentenced him to life imprisonment. He also obliged him to pay Sebastian’s parents PLN 300,000 each. PLN compensation for the harm suffered.

According to the non-final judgment, after leaving prison, M. is to undergo psychotherapy in a psychiatric facility, which is to prevent him from committing crimes against life, health and sexual freedom again – “due to the diagnosis of sexual preference disorder”. M. was also arrested the court of first instance was deprived of public rights for 20 years and has a lifetime ban on holding positions and performing any activities related to education, treatment or child care.

He was supposed to come home at 7 p.m

The District Prosecutor’s Office in Sosnowiec submitted the indictment in this case to the court in June 2022. Earlier, after several weeks of psychiatric observation, experts concluded that the man was sane at the time of Sebastian’s murder and other crimes accused of him, so he could be held criminally responsible for his actions.

Sebastian went missing on May 22, 2021 – he went to the playground in Dąbrówka Mała in Katowice, he was supposed to return home at 19, but he sent his mother a text message asking for permission to extend the party by half an hour. Mom agreed, but Sebastian did not return home and did not contact his relatives anymore, then the case was reported to the police.

He confessed to the boy’s abduction and murder

The perpetrator was identified the next day, based on the analysis of surveillance cameras that recorded a Ford passenger car near the playground. Several dozen minutes after selecting the vehicle’s registration number, the police reached its owner. It turned out to be a 41-year-old resident of Sosnowiec. The man was detained and in an interview with investigators he admitted to the abduction and subsequent murder of the boy.

Soon, the police found the child’s body – it was hidden on a construction site in the Niwka district of Sosnowiec, a few kilometers from Dąbrówka Mała, where Sebastian lived. The perpetrator took him to neighboring Sosnowiec by car. He indicated the place where the body was hidden by M. right after the arrest. After the abduction, Sebastian was held in several different places. In one of them he was murdered and then transported to a construction site. Based on the results of the autopsy and additional tests, it was determined that Sebastian’s cause of death was suffocation.

Main photo source: tvn24

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