Man jailed for manslaughter of Polish national
The Polish man was returning to the Simon community when a Cork man drinking on the street struck him across the head with a bottle.
Connie Horgan, 28, pleaded guilty to manslaughter on April 17, 2010, at Lower Oliver Plunkett Street, Cork.
Horgan, who was living at St Vincent’s Hostel, Anglesea Terrace, Cork, first told the victim to f*** off in Polish. The victim then stopped and there was some exchange of words between him and Horgan who was on the street drinking with others.
The late Ariel Cegielka told Horgan that evening that he (the deceased) was too drunk to fight him but would fight him the next day. Detective Garda Cormac Crotty said CCTV from the scene showed that the victim never acted aggressively and that his hands hung limply by his sides.
Witnesses described seeing Horgan looking around for something, before picking up 750ml vodka bottle. Det Garda Crotty said it was clear to him from extensive examination of the CCTV that Horgan put his full body weight behind the blow he struck the victim with the bottle.
Mr Cegielka fell and hit his head sustaining a 20cm fracture to his skull. He went unconscious and never regained consciousness and died in hospital two days later.
As the victim lay unconscious Horgan was seen stepping over him, picking up his own belongings and then leaving Lower Oliver Plunkett Street, Cork, to go to the bus station.
A cyclist who stopped at the scene phoned gardaí and followed Horgan. He saw the accused putting on another jacket over the one he was wearing and then walking up the side of Dunnes Stores nearby and sitting into a doorway.
Gardaí arrested him shortly afterwards. When interviewed Horgan claimed that the deceased had been the aggressor.
However, it was clear from statements made by witnesses that the deceased was the aggressor.
“Having examined the CCTV it was clear that Mr Cegielka was no threat, it was completely unnecessary the level of force used… Allegations made by Mr Horgan when interviewed were untrue and unfair to Mr Cegielka,” Det Garda Crotty said.
Judge Con Murphy said at Cork Circuit Criminal Court, “There is no doubt that drink on all sides had a significant role in this offence.”
He said there were significant mitigating factors, notably the defendant’s plea of guilty, the fact that he attended for counselling, had an unfortunate upbringing, suffered genuine remorse and apologised to the family of the deceased.
A letter from Anima Cegielka, mother of the deceased, said he was not a perfect son but that she loved him very much. She also expressed the wish that whoever took his life would receive the highest sentence, adding “I don’t think anyone deserves to die so young”.
Her son was in his 30s at the time of his death.
