Nick Johnson KC and David Birrell prosecute son for murdering his father found with 51 bone fractures
June 30, 2025
Nick Johnson KC and David Birrell from Exchange Chambers have successfully prosecuted a man for the murder of his father.
Late on 22 December 2024 paramedics attended an address in Southport and found the body of Ivan Sarawanskyj, aged 73, with extensive head, chest and abdominal injuries, including 45 rib fractures leading to a detached ‘flail’ chest and widespread traumatic axonal injury to the brain. His son, John Sarawanskyj, was present in the property but claimed he was not responsible for his father’s death.
Prior to trial, Mr Johnson KC and Mr Birrell advised the Crown Prosecution Service and Merseyside Police with a view to eliminating other possible suspects and then, with a late change of defence pleading a loss of control, as to psychiatric and psychological evidence. At trial, they adduced critical medical evidence from a Consultant Forensic Pathologist and a Consultant Forensic Neuropathologist.
In his evidence, John Sarawanskyj claimed that his father attacked him and pleaded self defence. He also claimed that his father had mistreated him over many years and sought to rely upon the statutory defence of Loss of Control. Through skilful cross examination, Mr Johnson KC exposed the numerous flaws in the Defendant’s testimony.
Through detailed legal argument, Mr Johnson KC, aided by Mr Birrell, persuaded the trial judge, HHJ Cummings KC, that the defence of Loss of Control did not arise on the evidence and should not be left to the jury.
After a 12-day trial the jury at Liverpool Crown Court deliberated for 2 and half hours before unanimously convicting the Defendant of murder. He was sentenced on 30th June to life imprisonment, with a minimum term of 15 years, less time on remand.
The case was reported here.