Murder trial: Jurors urged to use 'common sense' to reach verdict
Jurors in the murder trial of a man accused of killing his mum have been urged to use their “common sense” when considering their verdict.
Margaret Krawcewicz, 72, died on October 12 last year.
Her son Kazik Pasierbek, 39, denies killing her at the flat they shared in St Botolph’s Crescent, Lincoln.
Addressing the jury at Derby Crown Court in her closing speech, Adrienne Lucking QC, for the prosecution, said that common sense would allow the eight men and four women to discount the version of events given by the defendant and therefore find him guilty.
“This man had been taking alcohol and drugs throughout the day and had a historic tendency to hit his mother to the head in a temper,” she said.
“Throughout the day in question, Mrs Krawcewicz was pressing for the return of that bank card.
“At 2.30am a neighbour heard shouting coming from number ten.
“At 5.16am Margaret Krawcewicz called for help. This woman, with strong values, who disagreed with drugs but who loved her son, had asked her son what he had done and that he had beat her up so badly.
“All the evidence, most particularly the evidence of Margaret Krawcewicz herself on the lifeline equipment tells us what really happened.
“You heard the evidence of the defendant and you don’t have to guess if it is true or not, you can be sure you can discount it.
“The prosecution ask you to make your decision using your common sense and not to base it on anything such as sympathy or prejudice.
“He lost his temper and hit her to the head.
“However much this man may have loved his mother or however sorry he is now, he is guilty of murder.”
Defending, Howard Godfrey QC told the jurors he believed this was a case of manslaughter and nothing else.
“It is you that are the judges of facts,” he said.
“Realistically this is a case of manslaughter or nothing.
“If you accept his evidence that he did not hit his mother, he is not guilty of manslaughter. If you do reject his evidence, what we submit to you is that this is not a murder case as it is not something that involves the level of violence that you normally expect to find in a murder case.
“There is no motive and that is the sort of thing you look for in a murder case. There is no motive to kill her or to cause her very serious harm.
“There are too many possibilities here for you to pick one and say for sure that is what happened.
“Be cold and analytical and not emotional.
“What we invite you to see is that in the circumstances of this case the correct verdict is not guilty on both counts.”
The trial continues.