Eoghan Dalton reports from Waterford Circuit Court
A man in west Waterford has received a four-and-a-half-year sentence for “viciously assaulting” his partner twice at their home.
Waterford Circuit Court heard Tuesday that for the first offence, Patryk Hejwosz, 26, had “slit” his partner’s side with a large kitchen knife, while the second attack had lasted an hour. She had been punched repeatedly in her face, injuring her right eye, lip and neck.
However, in her victim impact statement, she told the court that she regretted that the matter made its way to court and said she has been left “worse off” financially as a result.
The first offence took place in Cappoquin on 2nd April 2020, after Mr Hejwosz had been drinking throughout the day.
Following an argument in which his partner said she wanted to end their relationship, he carried out the attack in front of their infant and his own mother. He was found guilty by a jury after an eight day trial, which rejected his claim that his partner was responsible for her injuries after “falling on a knife” at their home.
He was found guilty of section three assault causing under the Non-Fatal Offences Act, and under section 11 production of a knife under the Firearms and Offensive Weapons Act.
However Judge Eugene O’Kelly said a warrant had to be issued for his partner to take the stand, with an application to treat her as a hostile witness also acquired.
She had made an “impassioned plea” to the jury that Mr Hejwosz was the “best father” that their now two-year-old daughter could ever have, while also saying that his behaviour on the day was “unintentional”. She added that the injuries were “her fault” and no one else’s.
The Judge said her status as a hostile witness had to be kept “in mind” when considering her victim impact statement in relation to the second section three assault.
In it she said: “This has had no impact on me mentally and has not affected my daughter.”
Judge O’Kelly added that while she was entitled to her opinion of Mr Hejwosz, the court believed it was “misguided”, and that she should view the sentence as a deterrent against further violence by Mr Hejwosz.
The couple, who are from Poland but have been living in Ireland for some time, were in a relationship for six years but it isn’t clear if it is still ongoing, the Judge said.
The accused had carried out the attack after a day of drinking on 28th August 2020 while minding the couple’s daughter. He pleaded guilty.
Sgt Tom Gahan from Dungarvan Garda Station outlined to the court that gardaí called to the apartment after a passerby heard the woman calling for help, while trying to escape through a window.
Her partner had become “immediately aggressive” after she arrived home from her job as a fruit picker, accusing her of having an affair and punching her repeatedly. Mr Hejwosz was heavily intoxicated, the court heard, with numerous cans and a naggin of vodka strewn around the apartment.
The woman had initially told gardaí that she was “afraid of her life”, Sgt Gahan said, especially in case her partner came back to the apartment.
Judge O’Kelly heard the accused has 11 previous offences to his record. He accepted the argument put forward by defence barrister Andrew Walsh who said the “totality principle” would caution against applying the maximum sentences for each offence consecutively.
However Judge O’Kelly said the attacks were “extremely vicious”, and that alcohol being consumed for both was no excuse, especially, he said, in a domestic violence case. He added that another aggravating factor was that Mr Hejwosz was ordered to stay away from his partner and Cappoquin following the first assault.
He handed down a combined four and half year sentence for the assaults, with the final nine months suspended for two years. The sentence was backdated to 23rd September 2020, when Patryk Hejwosz first entered custody.
A sentence of two-years-and-three months was also given for the production of the knife and will run alongside the first prison term for assault.
Mr Hejwosz must engage with the Probation Service and attend anger management classes as part of the sentence.
