A Slovakian father-of-two has been sentenced to seven years in prison for killing his Polish flatmate after an argument about a light being left on.
Josef Szabo, 51, of Rathlin House, Waterville, Blanchardstown and originally from Bratislava had been convicted by a jury of the manslaughter of 33-year-old Robert Kwiatkowski on April 20 2007 at their apartment.
The landscape gardener had pleaded not guilty to murder and denied any involvement in the killing during his trial in December at the Central Criminal Court.
The trial heard that the grossly intoxicated carpenter died from a stab wound to the chest, which punctured the heart and a lung.
Detective Sergeant Michael Kennedy told the manslaughter hearing that the other two flatmates said Szabo had slammed the door on the victim's hand not long before they found him collapsed in the hallway.
Mr Kwiatkowski had gone to Mr Szabo's room to complain about a light being left on.
Eve Kocokova and Ladislav Nemecheck said Mr Kwiatkowski came into the kitchen and said Mr Szabo had closed the door on his hand before returning to Mr Szabo's room.
'They heard a loud bang, went to the hall, and found the victim lying on the floor,' he said.
Mr Szabo came from his room and helped Mr Nemecheck with first-aid. The accused offered a knife to Mr Nemecheck and suggested a rudimentary tracheotomy, but Mr Nemecheck declined, he said.
‘Bloodstains found in Mr Szabo's room strongly supported the contention that the deceased had bled in there,’ he said.
In his statement to gardaí, the accused said the victim had been pushing at his bedroom door, that he wanted him to leave and so he pushed back. He then heard a shout and went to the hall, where he saw Mr Kwiatkowski vomiting.
Detective Sergeant Michael Kennedy said that Mr Kwiatkowski came here looking for work in 2005 at the age of 31. His seven-year-old daughter and fiancée lived in Poland, as did his mother, Kazia.
His sister, Renata, who lived in the USA, prepared a victim impact statement, which the detective read. She described her brother as happy and helpful, and someone who would be greatly missed by his family. Although she lived far away, she was in constant contact with him.
'I would say to you Josef Szabo I can't understand how someone can kill someone for such a small thing,' she said. 'The hatred in your body must be very strong.'
She said the future would be difficult for her brother's fiancée, Monica, and that her niece would always miss her father.
'His daughter, Gabrielle, made her First Communion the week after he died. He was supposed to be there,' she said. His trial heard that he was preparing to return to Poland on the night of his death.
'You do not know what true love means,' she said. 'His mother will spend the rest of her days in mourning for her son,' she said, explaining that he visited her often. 'I will never have a chance to tell him ho much I love him.'
The detective said Mr Szabo had no previous convictions and had been here 16 months at the time of the killing. Padraig Dwyer SC, defending, handed in a psychologist's report on his client, who maintains his innocence and will appeal.
'His traits are wholly inconsistent with an individual who would knowingly cause harm to another,' said the report. 'He has socially appropriate behaviours, contrary to that of an angry individual.'
He worked as an electronic engineer in Slovakia before managing a large shopping centre and opening a café and grocery store.
'He has expressed significant empathy for the victim's family,' continued the report. 'He's agreeable, gentle and has an affable demeanour.'
Paul Burns SC, prosecuting, told Mr Justice Barry White that the report was based on a two-hour interview.
Mr Justice White told Mr Szabo that he had to accept the jury's verdict.
He said he would prefer to impose 'deterrent sentences' but this was not a view shared by the majority of the members of the bench.
He imposed a seven-year sentence and suspended the final 18 months due to his absence of previous convictions, low risk of re-offending, strong work ethic and the fact that prison is harder for a foreigner.
He backdated the sentence to 15 January.
