Constitutional Court rejects appeal from man convicted of killing four-year-old child in Most
Michal Pokuta, convicted of killing a four-year-old boy with a knife in Most, was unsuccessful in his complaint to the Constitutional Court. His sentence of 17 years in prison remains in force.
Constitutional Court rejects appeal from man convicted of killing four-year-old child in Most
Michal Pokuta, who is serving a 17-year prison sentence for the death of a preschool child, was unsuccessful with his constitutional complaint. The panel led by Jan Svatoň rejected his objections as unfounded. The news portal Novinky.cz reported this.
The incident occurred three years ago near an elementary school in Most in northern Bohemia. The biological father had flown in from abroad to meet his child and his former partner. A conflict arose between him and the mother's current partner, Michal Pokuta. An argument escalated into a violent confrontation. The child's father picked up a stake and pursued Pokuta across the car park.
Pokuta initially fled, but then returned armed with a cold weapon. When he swung a knife at his opponent, the man had just turned around with the boy in his arms. The blow struck the child in the neck area. A forensic report established that the injury was fatal and could not have been survivable.
At the time of the incident, the attacker was under the influence of drugs – marijuana and methamphetamine. Witnesses stated that he had previously threatened to kill the biological father.
Pokuta defended himself before Prague's High Court and the Supreme Court, without success. In his constitutional complaint, he claimed that the courts had not taken into account his mistake – he said he had aimed at the adult, not the child. His legal representative argued that he wanted to protect others and, under the influence of addictive substances, was unable to distinguish adequately.
The judges rejected this interpretation. They stated that the attacker had struck at both victims with a knife. Although it was not proven that he intended to directly kill the boy, the consequences of his actions were so obvious that he must have reckoned with them.
The Constitutional Court added that the right to a fair trial and a defence does not guarantee the desired outcome. The lower courts had dealt with the objections appropriately.
Source: Novinky.cz