A man who faced a manslaughter charge following a death following a fight in Boston was this afternoon (Monday) cleared after the case was thrown out by a judge following legal argument.
Andrejs Kudrjavcevs,29, was accused of unlawfully killing Jans Volodko following an incident at a property in Redbourne Terrace, Boston, on May 29 this year.
A hearing at Lincoln Crown Court was told that the two men went for each other ‘like pit bulls’ and had each other in neck locks when Kudrjavcevs struck out hitting Mr Volodko, 27, in the face.
The blow fractured the nose of Mr Volodko who suffered heavy bleeding which led to his death.
Kudrjavcevs, through his barrister Allison Summers, argued that he had acted in self defence and no evidence had been produced by the prosecution which contradicted his version of events.
Miss Summers successfully applied to dismiss the case before Kudrjavcevs was asked to enter a plea to the charge.
She told the court “There were two incidents of violence on this afternoon/early evening.
“It was the second incident that is the relevant incident. None of the occupants of the house saw how the second incident starts.
“When one looks at the eye witness accounts there is nothing in those accounts which is capable of establishing that what this defendant did is unlawful.
“There is no issue as to what caused this man’s death. It was some sort of trauma to the nose or face area causing a fracture of the nose and a bleed. He effectively died as a result of that bleeding.
“What is described is them both having their arms around each other’s necks.”
Miss Summers said that when Kudrjavcevs was interviewed by police he said they were involved in an incident.
“He admits to punching which immediately caused the deceased to relinquish his grip and quickly, it would seem, fall unconscious and die.
“There is no evidence that a jury properly directed could come to the conclusion that this defendant acted unlawfully.”
Judge Michael Heath, in ruling that the case against Kudrjavcevs should be dismissed said: “There is no dispute that the injuries that caused the death of Mr Volodko occurred during some sort of fight.
“The defendant has maintained throughout that he was acting at all times in lawful self defence.
“The defence say that Mr Volodko was struggling with him and that he [Kudrjavcevs] struck out to save himself from serious injury or, indeed, death.
“It is incumbent on the prosecution once the question of self defence is raised to disprove it.
“I have come to the conclusion that on the evidence placed before me a properly directed jury could not say that it was sure that the defendant had not acted lawfully in self defence. In those circumstances I am constrained to dismiss the allegation against the defendant of manslaughter.”