King v Adrian Kozak and Caolan Johnston
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge Smyth |
| Neutral Citation | [2023] NICC 1 |
| Court | Crown Court (Northern Ireland) |
| Date | 09 January 2023 |
1
Neutral Citation No: [2023] NICC 1
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: SMY12042
ICOS No: 19/119784
Delivered: 09/01/2023
IN THE CROWN COURT OF NORTHERN IRELAND
SITTING AT BELFAST
__________
THE KING
v
ADRIAN KOZAK AND CAOLAN JOHNSTON
__________
Mr S Magee KC and Ms Catherine Chasemore BL (instructed by the Public Prosecution
Service) for the Crown
Mr K Mallon KC and Mr J McCann BL (instructed by McCourt and Maguire Solicitors)
for Adrian Kozak
Mr B McCartney KC and Mr Liam McStay BL (instructed by Patrick JJ McGuckian
Solicitors) for Caolan Johnston
__________
HER HONOUR JUDGE SMYTH
Introduction
[1] The defendants faced one count on the indictment namely murder, contrary
to common law. The particulars were that on a date between 30 March 2018 and
4 April 2018 they murdered Piotr Krowka.
[2] They were arraigned on 3 July 2020 and pleaded not guilty.
[3] The trial was listed for 9 June 2022. On that date, the defendants notified the
prosecution that they were willing to enter pleas to the offence of manslaughter by
an unlawful act on the basis of a detailed statement of agreed facts. Discussions
between counsel had been ongoing for a number of days but were not fruitful. This
plea was acceptable to the prosecution and the defendants were re-arraigned and
formally pleaded guilty to manslaughter. Before turning to the agreed facts, I set out
the circumstances in which Piotr Krowka met his death.
[4] Mr Krowka was a 37 year old Polish man who came to Northern Ireland in
2014 and lived with his sister and her son Mateusz in Maghera. He was a vulnerable
man, who lost his employment due to alcohol and became homeless as a result of a
2
serious assault on his sister, which was the motive for this attack by the defendants.
The defendants and Mateusz were part of a friendship group and in this way, they
became aware of the incident. Adrian Kozak was born on 10 June 2000 and was
17 years old, almost three months short of his 18th birthday. Caolan Johnston was
born on 3 October 2001 and was 16½ years old.
[5] In or about January 2018, Mr Krowka was assaulted and reported to a friend
that he had been knocked to the ground and kicked by a group which included his
nephew Mateusz. He was noted to have a black eye and swollen cheek at this time.
[6] He was last seen on CCTV on 31 March 2018 as he spends a number of hours
walking around the town centre. His movements can be traced, along with the
movements of the two defendants and Mateusz.
[7] Around 8:45pm, Mr Krowka left St Mary’s Church, where he frequently
sought refuge. As was often the case, parishioners give him money to buy food.
Sometime before 9:00pm, a local man observed him making his way to the derelict
parochial house in which he was staying. A second male was seen walking behind
Mr Krowka on the opposite footpath, acting suspiciously. This was Adrian Kozak,
who can be seen on CCTV following Mr Krowka around the town.
[8] The local man then heard a thud and saw Mr Krowka face down, with Adrian
Kozak standing over him. He challenged Kozak who then ran off, ultimately joining
Caolan Johnston and other members of the group at the Maghera Steps. Mr Krowka
was helped up and continued to the parochial house. This was the last time he was
seen alive.
[9] CCTV footage in this area is not as clear as that in the town centre. However,
it is accepted that within moments of Adrian Kozak returning to the group, he and
Caolan Johnston left together and made their way immediately to the parochial
house at approximately 9:10pm.
[10] Over the course of the next 45 minutes, both defendants carried out a fatal
attack upon Mr Krowka within the derelict house. Analysis of the scene suggests
that the attack took place in the kitchen, at the back door area of the property as
there was no evidence of blood elsewhere. It is clear that this was a brutal and
sustained attack and resulted in catastrophic injuries. The lack of any blood trail, in
spite of the many injuries, suggests that Mr Krowka was left prone in or about the
position in which he was ultimately found, days later.
[11] Both defendants returned to the parochial house the following afternoon.
Approaching the rear entrance, close to where the body was found, the
consequences of their actions would have been clear- he had not moved. They did
not raise the alarm.
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