Magdelena Luczak

Case record: Magdelena Luczak

Background

Magdelena Luczak was the mother of Daniel Pelka. She lived with her partner, Mariusz Krezolek, in Coventry. Luczak and Krezolek were originally from Poland. Luczak was 27 and Krezolek was 34.

Luczak denied murder and causing or allowing the death of Daniel. She also denied force-feeding Daniel with salt. She admitted a charge of cruelty.

Luczak was described as having three previous troubled relationships with men before meeting Krezolek. Her sister said these were “not good for her”.

Luczak worked as a cleaner and at a Parcelforce depot after settling in Coventry in February 2006. Her sister said Luczak had been “a heavy abuser of alcohol” who became argumentative and sometimes violent in drink, and that Luczak also had “an almost obsessive interest in her appearance”.

A witness said Luczak had a “very difficult childhood” because her mother was aggressive. Neighbours described Luczak’s mother Yolanta as anxious and highly-strung and said she used to beat her daughter. Luczak’s father Witold worked as a driver while her mother raised the children in a tiny flat.

Luczak’s younger sister said her mother had been worried for her grandson’s safety when she visited two weeks before his death and reported “terrible stories” about what was happening in the house. Luczak’s sister said Krezolek terrorised her when she was growing up.

Luczak’s mother, Jolanta, spoke about being shocked and questioned the extent of her daughter’s role in the abuse. She said her husband had died of a heart attack “last year” caused by the tragedy, and she said: “I lost my grandson, then I lost my husband and now my daughter,” and “Will I see [my daughter] before I die?”

The offence

Daniel Pelka was a four-year-old boy who died in Coventry. The court heard that Daniel died from severe head injuries and that, before his death, he was systematically starved and subjected to punishment exercises.

The sentencing judge described a “campaign of cruelty” and stated that Daniel’s punishments were “designed to humiliate”. The judge said Daniel experienced severe physical and mental suffering and was subjected to cold water punishment and other forms of ill treatment. The judge said Luczak and Krezolek “constructed a careful and wholly untruthful account” to prevent interference by school, medical and welfare personnel.

The judge said that complicity in ill treatment started with a broken arm when Daniel was “just three and a half”. The judge said: “What was handed out to Daniel was incomprehensible brutality by both of you.”

Daniel’s punishments included being held underwater in a bath until he was unconscious and being forced to perform arduous punishment exercises such as squats or running.

Luczak and Krezolek blamed each other for killing Daniel. They both denied murder and causing or allowing the death of a child but admitted cruelty.

Jurors convicted Luczak and Krezolek of murdering Daniel. The jury took less than four hours to convict.

Luczak later accused Krezolek of raping her.

Investigation

A serious case review was launched into Daniel’s death by Coventry’s Safeguarding Children Board. A report was due to be published in the next six weeks at the time of the described coverage. The review was expected to look at failures by police and social services after school staff noticed bruising on Daniel’s neck and what appeared to be two black eyes.

The review was also expected to examine why opportunities to intervene were missed, including why social services were not alerted during the campaign of starvation.

Police and health workers had attended the family home multiple times before Daniel’s death. It was said that police were aware of both defendants and attended the couple’s home at least three times in the year before Daniel’s murder.

Arrest

Luczak and Krezolek were arrested two days after a post mortem examination found Daniel died from a large subdural haematoma.

Luczak was shaking and extremely nervous when arrested and was holding the mobile phone that provided evidence.

During the emergency call, Krezolek dialled 999 at 03:07 on March 3. Paramedics arrived seven minutes later and made efforts to revive Daniel. Daniel was pronounced dead at 03:50.

Trial

The trial took place at Birmingham Crown Court and lasted nine weeks.

Both Luczak and Krezolek denied murder and causing or allowing Daniel’s death. They admitted cruelty. The jury returned guilty verdicts for both.

In her evidence, Luczak claimed that she thought Daniel was “asleep and not unconscious” when she had not called an ambulance immediately. She said:

“Mariusz cleaned Daniel in a very unpleasant way. He grabbed him by the T-shirt and dragged him into the box room. He hit him again with a hand and he knocked him down to the mattress. I shouted at him not to hit him.”

Luczak said she then woke up downstairs on the sofa and said she had not called an ambulance immediately because she thought Daniel was asleep and not unconscious. She told the court:

“I wasn't aware that he was in such a serious condition - I thought that he was going to wake up,”

Luczak admitted lying about events to protect herself and Krezolek. She said:

“I loved him and at the same time I hated him,”

She told the jury:

“Mariusz would check his belly and he would say that there's a slight bump on his belly,”

and she said:

“Mariusz didn't allow me to give him food and he said he was well fed at school.”

When asked about punishments given to Daniel by Krezolek, she said Daniel “didn't listen” to her and:

“Later, I had enough.”

Luczak denied force-feeding Daniel with salt.

Krezolek’s evidence described accidental falls and said Daniel was pushed into unconsciousness at a bath point. Krezolek said:

“She undressed Daniel. When she started picking up his clothes, now I know this is the point at which he lost consciousness... I immediately said to Magda, 'Daniel fell down awkwardly, it's certainly not normal'.”

Luczak’s barrister was Stephen Linehan QC. Krezolek’s barrister was Nigel Lambert QC. A prosecutor was Jonas Hankin QC.

Prosecutor Jonas Hankin QC said text messages in Polish between Luczak and Krezolek showed that they “acted as a ‘team’ to abuse the boy”.

Luczak was asked by Krezolek’s barrister why she had not taken Daniel to a doctor as he lost weight. Luczak replied:

“Because Daniel would always have a lot of bruises. I tried to make it secret, what was happening to him - that is why I didn't go to the doctor's.”

Krezolek’s QC, Nigel Lambert, demanded:

“Why on earth would you do that to your son?”

Luczak answered through a Polish interpreter:

“I don't know ... I don't understand my behaviour. 'It wasn't me, it was Mariusz but I knew what was happening. 'I myself don't understand my actions. I must have loved Mariusz to allow such a thing.'”

Luczak claimed she kept the other parts of the home spotless and it was said plug-in air fresheners were set to the highest setting as the couple supposedly grieved for Daniel. Detective Inspector Chris Hanson said:

“On the outside, they did portray this normal household - the father going to work, mum looking after Daniel, but actually in reality we now know what was going on,”

and:

“It shows how sophisticated the conspiracy was to conceal what they were doing to Daniel from the authorities and everybody else.”

Emergency call evidence

Luczak was heard crying and giving her partner instructions in Polish on the 999 recording.

Luczak told the operator:

“He started feeling very bad today.”

She added:

“He's stopped breathing, please help me.”

“I have listened to lots of 999 calls over the years because a basic line of inquiry when a child has died is to listen to the 999 tapes because you can hear some very significant comments in the background. 'Very often you find that you can't understand what (parents) are saying because they are so anxious they're screaming for help. 'This was different because it was rather more calculated and sounded rather more coached. 'Straightaway I just felt: "that's not true, that's been staged if you like". 'I thought this is very different, it doesn't sound right - and it's been proved it wasn't.'”

Text message evidence

It was said Luczak’s holding of the mobile phone during arrest helped convict her. The court heard translated messages between Mariusz Krezolek and Magdelena Luczak, listed chronologically.

October 7, 2011

• 8.46am — Krezolek to Luczak: “Magda, lead him to the room and lock him there, you'll have some peace and do wait for me.”
• 9.15am — Luczak: “We'll deal with Rudy (Daniel) after school, he won't see grub at all. I'm going home now call me on your break.”
• 12.24pm — Luczak: “Let's buy the white stuff instead of Vodka today. We would have some fun later and you could sit at the computer and look for a car.”

October 21, 2011

• 6.43am — Luczak: “When you're going to the shop then do remove Rudy's door handle so (Daniel's sibling) won't be opening the door for him.”
• 12.04pm — Luczak: “Buy salt as a must, if you have enough money then sugar as well.”

November 15, 2011

• 9.35am — Luczak: “I'll call this clinic and change this appointment for (Daniel) because he's even more ill than he was.”

December 14, 2011

• 9.40am — Luczak: “I was telling you I'd be having problems and a punishment because he's not at school. The hags from the council were here!”

February 1, 2012

• 8.54am — Luczak: “You were striking him by the hands and he's saying in the lady's presence that it's hurting and I told him if he doesn't talk such nonsense he'd get a chocolate bar later on.”

February 2, 2012

• 7.47am — Luczak: “One of his hands is livid blue and what am I supposed to do now.”
• 8.24am — Luczak: “I rubbed this hand of his with antibiotic ointment and I'll call school before 9.”
• 10.21am — Luczak: “Well now he's temporarily unconscious because I nearly drowned him. He's already in bed covered with the duvet and asleep and I am having some quiet time.”
• 10.24am — Luczak: “I won't be hitting him but if I hear him when he later wakes up then he's going back to the bathtub. I didn't let the water out.”

February 8, 2012

• 12.11pm — Luczak: “I'm leaving these marks of yours to you as they aren't coming off.”

March 2, 2012

• 4.34pm — Luczak to Krezolek, as Daniel lay dying: “He'll get over it by tomorrow. There is no point to stress ourselves out and to call an ambulance because that will cause proper problems.”

Luczak also wrote in another text message: “We deal with Rudy [Daniel] after school. He won't see grub at all.”

Sentencing

On August 1, 2013, Magdelena Luczak and her partner Mariusz Krezolek were sentenced to life in prison with a minimum of 30 years each.

At sentencing, Judge Mrs Justice Cox told Luczak and Krezolek that Daniel had severe physical and mental suffering and that his punishments were “designed to humiliate”. The judge said Daniel was “a victim of chronic and systematic starvation” in a “campaign of cruelty”. The judge said:

“Complicity in ill treatment started with a broken arm when he was just three and a half.
‘What was handed out to Daniel was incomprehensible brutality by both of you.”

The judge also said:

“We will never know exactly what form it took because you have not explained it - he must have been absolutely terrified,”

and said Luczak and Krezolek “instructed and encouraged” Daniel’s sibling to tell lies if they “were asked any questions about what was happening at home”.

The judge said Luczak and Krezolek had an “extremely high” level of culpability and that there was “minimal mitigation in this case”.

Stephen Linnehan, representing Luczak, said she had come to this country “in search of a better life” and “has now lost everything”.

Krezolek’s barrister told the court he did not have the intention to kill and was “deeply ashamed” of his conduct [towards Daniel].

Appeals

No appeal information was included in the provided material.

Outcome

Luczak and Krezolek were convicted of murdering Daniel Pelka after a nine-week trial at Birmingham Crown Court.

Luczak was sentenced to life imprisonment with a minimum of 30 years on August 1, 2013.

Aftermath

Daniel’s death led to a serious case review by Coventry’s Safeguarding Children Board with a report expected to be published in the next six weeks. It was said the review would look at what police and social services did after staff at Daniel’s school noticed bruising and black eyes.

Amy Weir, independent chair of the board, said: “Clearly there were failings in Daniel’s case and the serious case review is looking at why systems that are in place were not used.”

Geoffrey Robinson, MP for Coventry North West, called for children’s services director Colin Green to resign now rather than in September. He said Daniel was “badly let down” by “an evil stepfather and an indifferent and selfish mother” and also by his school, health professionals and social services. He said:

“Those who failed Daniel must examine their own consciences, and conclude whether it is appropriate for them to remain in their posts.”

Nushra Mansuri from the British Association of Social Workers said it was “absolutely right” that they got the minimum term of 30 years and said: “The next stage will be the case review, when we may get details on what was missed by agencies and this will be critical.”

Senior crown prosecutor Lisa Windridge said:

“We hope that the sentence today brings closure to this case to the family of Daniel both in this country and in Poland.
This has been a very difficult case for all of those involved with it and we are pleased that justice has finally been achieved for Daniel Pelka.”

Further discussion in the provided material included that Krezolek was described as a wanted criminal in his homeland and that Luczak was described as a drug addicted prostitute, but the convicted outcome remained the sentencing described above.