Fugitive jailed for 1984 murder has sentence reduced by Court of Appeal

A murderer who evaded justice for nearly 40 years after assuming a false identity has won a bid to reduce his sentence at the Court of Appeal.

Paul Bryan was 22 when he fatally stabbed 62-year-old Roman Szalajko in the stomach at his flat in Kennington, south London, in February 1984.

After the killing, he took on the identity of a dead Welshman with the same name and embarked on a new life travelling around Europe.

It was not until November last year that Bryan was convicted, after his fingerprints were identified from a bottle at the scene during a cold case review in 2013.

Bryan, now aged 63 and originally from Hammersmith, west London, was handed a life sentence, with a minimum term of 24 years, at the Old Bailey in December.

His lawyers appealed against his sentence at a hearing in London on Tuesday, arguing it “does not accord with the practice at the time the offence was committed”.

Excessive

Mr Justice Dove, sitting with Lady Justice Whipple and Mr Justice Lavender, concluded that while the offending was “serious” the sentence was “manifestly excessive” after considering legal guidance.

Bryan’s sentence was changed to life, with a minimum jail term of 20 years.

The Old Bailey judge previously found Bryan had gone to the victim’s flat to extract paperwork connected with Mr Szalajko’s role as an unofficial financial adviser.

The Polish victim, a divorced father of two, was known to gamble and keep large amounts of cash at his home, the court heard.

On the day of the murder, Mr Szalajko was on the phone to a friend and was heard answering the door and calling for help before the line went dead, having been deliberately cut by Bryan.

Bryan was ultimately tracked down by a Scotland Yard detective sergeant, with the court told that DNA from his late mother’s hairbrush was found to be a familial match to traces on the victim’s vest and clump of hair.

John Ryder KC, representing Bryan, told judges on Tuesday that “at the time this offence was committed… a sentence of this magnitude would not have been imposed”.

The barrister acknowledged that Bryan was “at large decades”, adding that he was “the muscle” and not “the motivator” behind the crime.

“It was not he who was seeking the documents that in all likelihood were being looked for,” he said.

Mitigating factors

Mr Ryder said mitigating factors included Bryan’s young age in 1984 and a lack of other serious offences committed since.

“Overall… the sentence far exceeded that which would have been recommended at the time,” he said, adding that the case did not fall into the “especially grave” category.

Louis Mably KC, for the Crown Prosecution Service, said the sentencing judge was “entitled” and “correct” to conclude Bryan’s crime was “exceptionally grave” and that he should receive a 24-year minimum term.

Speaking about his victim, Mr Mably said Bryan had “left him to die and then went on the run”.

The incident had a “professional aspect” to it which “made it all the more serious”, the barrister said, adding that there was “a significant degree of planning”.

The Old Bailey was previously told that Mr Szalajko’s son Gerard fell under suspicion over his father’s death and turned to alcohol, which ultimately led to his early death aged 48 in 2006.

“That’s a factor that could never have been taken into account in 1984, but was serious,” Mr Mably said.

Mr Justice Dove said that while the case had “a number of aggravating features” it was not an “exceptionally grave” one when considered against previous legal guidance.

“This was a very serious offence, but being faithful to the authorities we are driven to the conclusion that the judge’s sentence was manifestly excessive,” he said.

Bryan, who joined the hearing via a video link from HMP Belmarsh, previously admitted having a false passport.