'We were lucky to get out' - arson trial in Waterford
Fires were described as having occurred at Grange Terrace on December 4, 2023.
At Waterford Circuit Court, a jury have gone into deliberations after a three-day arson and assault trial.
Patryk Pietraszak (26), of 7 Henry Street Terrace, Waterford City, stands accused on six counts, including two counts of arson, property damage and assault with a screwdriver.
Mr Pietraszak was represented by defence barrister Aidan Doyle BL under the instruction of solicitor Ken Cunningham.
State Prosecutor Conor O’Doherty BL opened the trail to the jury of five women and seven men, with State Prosecutor Niall Storan BL continuing proceedings.
The arson charges stem from two incidents on the night of December 3, 2023, at Grange Terrace, Waterford City.
Crime scene investigator Garda Ruth Finn and Detective Garda Sean Lane gave witness testimony.
Garda Finn described the scene at Grange Terrace on December 4, 2023. She noted that "a substantial amount of damage was done". Garda Finn detailed glass fragments, a green bag, a jar lid with a hole punched in the centre and a jar at No. 4 Grange Terrace. Pictures were taken of the burnt-out house and the extensive smoke and fire damage on the façade and interior of the house. Smoke damage and glass fragments were observed four doors up at 8 Grange Terrace.
On December 13, 2023, Gardaí executed a search warrant on the home of Mr Pietraszak at Henry Street Terrace.
The jury were shown pictures of jars seized from the shed at the back of the house. The jars had the same serial number and expiry date as the jars recovered from the crime scene.
Gardaí also seized Mr Pietraszak’s navy blue Diesel puffa jacket and grey New Balance trainers with fluorescent strips. Gardaí recovered a yellow can of lighter fluid from the property.
The jury were shown CCTV footage from the early hours of December 3, 2023. Footage from Manor Street, St Otteran’s Terrace, and Ursula Terrace showed a tall figure wearing dark clothing walking from the direction of Manor Street towards Saint Ursula's Terrace, walking at an average pace of 1.66m per second. The figure was seen carrying a green bag in the direction of Saint Ursula’s Terrace at around 3.30am. At 3.48am, the figure was seen walking in the direction of Manor Street without the bag. The CCTV footage was a mixture of colour and black and white. On the black and white footage, bright fluorescent strips were observed on the shoes of the walking figure.
The jury heard testimony from brothers Vincent and Patrick Power. The pair, both in their 70’s, had been living in 4 Grange Terrace for over 30 years, via the Waterford Corporation. Vincent had finished work as a delivery driver at 6pm, returned home and went to bed at around 11.30pm. At 1.30am that morning, he awoke and went to the bathroom. While in a light sleep, he heard a ‘bang’ downstairs and thought it was a problem with his fishtank. When he went downstairs to investigate, “The curtains were on fire,” he said.
“I shouted up at my brother to get out, we were lucky to get out,” he said.
The men escaped the burning house with only the clothes on their back; all their possessions were destroyed. Patrick Power called the emergency services, while neighbours helped him and Vincent.
Civil Engineering Technician Tom Butler informed the Court that the damages totalled €77,222.48, with insurance paying just over €47,000 of the costs. The house was out of commission for 21 months.
Garda Shane Maher attended the scene at 4 Grange Terrace and saw a glass jar on the windowsill of the house, where the curtains went on fire. Garda Maher saw a green bag next to the jar. He also observed glass fragments on the footpath, a smell of accelerant and smoke damage on 8 Grange Terrace. Garda Maher said that at roughly 10pm the night before, Gardaí had received a call from a woman driving in the area.
The woman claimed to have seen a man "banging on the door" of a house in Grange Terrace. She saw a "box on fire" in front of the house and called the emergency services.
She said: "He bent down, lifted up a box, threw it at a door and flames went up."
Garda Aaron Kenny spoke to the occupant of 8 Grange Terrace, Damien Ludka, about the smoke damage.
Det. Lane canvassed and examined the CCTV footage. He told the Court: “I observed a person exiting Henry Street and come onto Manor Street.” Det. Lane stated that there was a CCTV camera at Mr Pietraszak’s home, but Mr Pietraszak declined to share access with An Garda Síochána. He also declined to share the pin to his iPhone 14.
Judge O’Kelly advised the jury that the Garda witness would be giving "opinion-based" evidence. Det. Lane told the Court that he believed that the figure in the CCTV footage looked "similar" to Mr Pietraszak.
He said: “I believe the person is Patryk Pietraszak given the clothing seized, height […] and distinguishing gait.”
Det. Lane informed the Court that he had been stationed in Waterford City since 2017 and has worked in community engagement.
Mr Doyle asked Det Lane about the providence of the items recovered at 7 Henry Street, putting to him: “You couldn’t say they were identical, there’s millions of jackets and millions of pairs of runners.”
The jury heard from witness Damien Ludka. Mr Ludka was living in his father’s home on Grange Terrace at the time of the fires. On the stand, Mr Ludka claimed that he "couldn't remember" the night of the arson or making any statement to Gardaí.
The jury heard a number of conflicting stories from Mr Ludka, his former partner and a woman about the incidents that occurred before and after the arson.
After some back and forth, the jury heard that Mr Ludka made three statements to Gardaí concerning the defendant. The first was made on December 17, 2023, to Det. Lane. Mr Ludka claimed that Mr Pietraszak had threatened to "burn down his house" on the afternoon of December 3. The two men were known to each other but were not friends.
In a statement he made in February 6, 2024, Mr Ludka claimed that Mr Pietrazsak stabbed him in the leg multiple times with a screwdriver on January 29, 2024, outside 8 Grange Terrace. Det. Lane recorded a voicemail on Mr Ludka's phone. The male voice was speaking in Polish. According to professional translation service Transferendum, the voicemail contained threats stating: "Go f**k yourself you c**t. I'm going to f**k you up. You're scared of me, you're scared of Patryk Pietraszak."
Mr Doyle asked Mr Ludka if he had made negative comments on social media against the accused's family. Mr Ludka claimed that his former partner had created a "fake" profile to "send threats to herself". The jury were shown photographs of a blood-stained floor, purportedly taken in the aftermath of the alleged assault. The defence presented a picture of another blood-stained floor that was taken by Mr Ludka's former partner on another date. Mr Doyle asked where the photo of the bloody floor was taken. Mr Ludka claimed that after being stabbed, he got into his car and drove to a friend's house on Dunmore Road "near the hospital".
On Friday, the jury heard the closing speeches. Mr Storan impressed on the jury to consider the evidence relating to the jars, photos of the exhibits and the photographic evidence from the Gardaí. Mr Storan emphasised the testimonies from the two independent witnesses; fire-fighter Don Lalor and the female witness. He said: "You can use that evidence to convict beyond a reasonable doubt."
On the alleged threats between the accused and Mr Ludka, he said: "There is a clear progression from threat to action."
Mr Doyle cautioned the jury to "consider the standard of proof".
He said: "In this case, Vincent Power and Patrick Power are the real victims of what happened."
