Doubt cast on Harrogate murder suspect’s claim

Doubt has been cast on a murder suspect’s claim that he was not involved in the death of Gracijus Balciauskas at a flat on Mayfield Grove in Harrogate last year.

Jaroslaw Rutowicz, 39, and Vitalijus Koreiva, 36, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial at Leeds Crown Court began two weeks ago with the prosecution giving evidence.  The court heard how Mr Balciauskas’s body was found wrapped in a rug.

Mr Rutowicz took the stand last week to begin his defence. He claimed Mr Koreiva violently killed Gracijus Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Today Mr Rutowicz was cross-examined by Mr Koreiva’s barrister, Peter Moulson QC, who suggested his version of events was “simply a lie”.

‘In shock’

Much of Mr Moulson’s questioning focused on why Mr Rutowicz did not call the police until almost 18 hours after the alleged murder took place.

The court had previously been shown CCTV footage of Mr Rutowicz leaving the flat and returning several times to buy alcohol in the hours after Mr Balciauskas died.

Mr Moulson QC said:

“For almost 18 hours after your friend sustained his injuries, you went backwards and forwards to the flat voluntarily. You were never being threatened by Mr Koreiva, that is simply a lie.”

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During today’s hearing, Mr Rutowicz repeatedly said that he was in shock after witnessing the death of Mr Balciauskas.

Mr Rutowicz repeated his previous claim that he had been threatened by Mr Koreiva with his life if he called the police. He said Mr Koreiva’s nickname in Harrogate was the “crazy Russian” and he had an unpredictable character.

He said:

“It was that fear. Nobody had threatened me before in my life like that, that he would find me and kill me. As long as that aggression was there I kept coming back.”

Harrowing images

The court was again shown harrowing video images, filmed on Mr Rutowicz’s phone, of Mr Balciauskas bloodied and barely conscious after being assaulted at the flat on Mayfield Grove.

Mr Moulson QC suggested the reason he filmed the encounter was to use it as a threat against Mr Balciauskas if he “crossed” the pair again, which Mr Rutowicz denied.

He said:

“[I filmed it] so I could report to police what Vitalijus had done. I didn’t kill him. I didn’t beat him.”

The afternoon finished with Mr Koreiva on the stand beginning his evidence. The trial continues tomorrow.

Harrogate murder trial adjourned until next week

The murder trial of Vitalijus Koreiva and Jaroslaw Rutowicz has been adjourned until Monday due to problems finding a Lithuanian translator.

Mr Koreiva, 36, and Mr Rutowicz, 39, are accused of murdering Gracijus Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial began on Monday last week at Leeds Crown Court and was set to continue until at least the end of this week.

Mr Koreiva, who is Lithuanian, was due to take the stand this week but his translator is unavailable until Friday and the court has been unable to find another one.

One of the 12 jurors has also caught covid, so Judge Rodney Jameson QC today adjourned the trial until Monday morning.

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The trial began last week with the prosecution giving evidence.

The court heard how Mr Balciauskas’ body was found wrapped in a rug and CCTV footage was shown of the three men buying alcohol in the hours leading up to his death.

This week, the defence began with Mr Rutowicz claiming Mr Koreiva violently killed Mr Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Woman charged with Harrogate attempted murder enters no plea

A 44-year-old woman will appear at crown court next month charged with attempted murder in Harrogate.

Clare Bailey, of Dudley, was arrested following an incident on Byland Road in Bilton on Thursday evening last week.

She was later charged with attempted murder and appeared before York Magistrates Court yesterday, where she entered no plea to the charge.

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The case was referred to Leeds Crown Court on July 25.

A man in his 40s has been bailed after being arrested on suspicion of conspiracy to commit murder following the same incident.

North Yorkshire Police said yesterday that the man was bailed while its investigation continues.

Man to appear in court on Beckwithshaw attempted child murder charges

A 40-year-old man will appear at Leeds Crown Court next month accused of attempting to murder two children in Beckwithshaw.

The man, who cannot be named for legal reasons, is also charged with assaulting an emergency worker.

It follows an incident in the village on the morning of Monday last week.

He appeared before York Magistrates Court on Saturday after being arrested by police on Friday and subsequently charged.

The case was sent to Leeds Crown Court on Friday, July 22.

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Harrogate murder suspect claims he feared for his own life after ‘brutal’ assault

A man on trial for murder claimed his friend violently killed Gracijus Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Jaroslaw Rutowicz, 39, and Vitalijus Koreiva, 36, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial at Leeds Crown Court began last week with the prosecution giving evidence. The court heard how Mr Balciauskas’s body was found wrapped in a rug and CCTV footage was shown of the three men buying alcohol in the hours leading up to his death.

Mr Rutowicz took the stand today to begin his defence.

Speaking through a translator, the Polish national said he came to the UK in 2004 and worked as a bricklayer.

After moving to Harrogate in 2019, he developed a friendship with Mr Koreiva and Mr Balciauskas through work.

The three men ended up living together at 6 Mayfield Grove. Mr Rutowicz described Mr Balciauskas as a “brother” and said they would meet in the evenings after work to drink and talk about their future plans.

‘Brutal’ assault

The drinking session that ultimately led to Mr Balciauskas’ death began on December 19. Mr Rutowicz said tensions flared after Mr Koreiva shaved off some of Mr Balciauskas’s hair as a practical joke whilst he was sleeping.

Mr Rutowicz said in the early hours of the next morning the three men ran out of alcohol so Mr Koreiva and Mr Rutowicz took a taxi to Pannal’s BP petrol station to buy more.

They returned to Mayfield Grove at around 5am when Mr Balciauskas challenged the two men to a game of chess, which they often enjoyed playing together while drinking.

Mr Rutowicz said Mr Koreiva erupted in anger during his game with Mr Balciauskas and described the ensuing beating of Mr Balciauskas by Mr Koreiva as “brutal”.

He said:

“Vitalijus was shouting more than Gracijus. At one point Vitalijus got up and threw Gracijus onto the floor from the stool. He started to beat him with his fist and with the heel of his foot.”

Mr Rutowicz then filmed a bloodied and bruised Mr Balciauskas with his mobile phone. He claimed this was to stop the fight and provide evidence that he was not involved in case it was later needed by police.

He said:

“I then decided to start filming. It was brutal. I wanted to use that in order to stop the fight. I approached and started to pull Gracijus away. Vitalijus was beating him and kicking him.”

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‘If you call the police, I will kill you’

After the assault, Mr Rutowicz said Mr Balciauskas was still alive but fading out of consciousness.

He said he wanted to call 999 but was stopped by Mr Koreiva who said he would kill him if he did.

Mr Rutowicz said:

“He started to threaten me. Gracijus was lying on the floor. I could hear him saying something. I was afraid to approach because Vitalijus told me to stay away or he would kill me.

“At a certain point, Gracijus’s head was drooping. I approached to film him and recorded what he was saying to me.

“I had my phone in my hand and turned towards Vitalijus. I said I was going to call the police. He raised his fist to me and said if you call the police or ambulance, I will kill you.

“That terrified me. I felt fear as if my body was paralysed by it.”

Mr Rutowicz said he and Mr Balciauskas “loved each other like brothers” and maintained that he did not strike or kick him during the assault.

He then went to check his pulse, which was faint. He said:

“Gracijus whispered to me, ‘it hurts’

“I said to him, “brother, everything will be fine, hang in there.”

“He knew I wanted to help him, he said ‘thank you’.”

Mr Rutowicz, who was tearful in court, described the moments after Mr Balciauskas died.

“It was a shock to me. I had lost my brother. I turned my head towards Vitalijus and said, ‘You’ve killed Gracijus. Gracijus is dead.’

“I said, ‘If I had called the ambulance when I wanted to, he would still be alive’.

“But I was threatened. It was a complete nervous breakdown for me. Vitalijus sat and looked at what I was doing. I simply got up feeling broken and sat down on the bed.”

‘Total shock’

With Mr Balciauskas now dead in the flat, Mr Rutowisz claimed Mr Koreiva wanted to cover up the crime and suggested wrapping his body up in a rug before burying him. Mr Rutowisz told the court:

“He said, ‘Shut your trap. I was in prison for four years. I will not go back’.”

Mr Rutowisz claimed he was in fear for his life after Mr Koreiva ordered him to go to Asda on Bower Road to buy more whiskey and cigarettes. He said he would “find him and kill him” if he did not return to Mayfield Grove.

He said the reason he returned to the flat and didn’t call 999 was due to fear.

“Never before had I the feeling that someone could kill me. There was a second feeling of realising that my brother was dead. Those two feelings caused total shock in me and a breakdown.”

After Mr Koreiva fell asleep later that evening, Mr Rutowisz went back to Asda at around 11pm.

He called family members in Poland to tell them what had happened before calling 999 to say there was a dead body at the flat.

He strongly denied telling an Asda employee that he confessed to murdering Mr Balciauskas.

The trial is expected to last until the end of this week.

Harrogate murder trial hears that body was found in a rug

A court heard today how a suspected murder victim in Harrogate was found wrapped up in a rug in a flat on Mayfield Grove after one of his alleged killers told somebody nearby, “I killed a man”.

Vitalijus Koreiva, 36, and Jaroslaw Rutowicz, 38, are accused of murdering Gracijus Balciauskas on December 20 last year.

The trial at Leeds Crown Court, which began today and is due to last for 10 days, tracked the movements of the three men on CCTV.

The court heard a witness statement from an employee at Asda on Bower Road, who found an agitated Mr Rutowicz sitting on a wall by the supermarket on the evening when Mr Balciauskas died.

The employee said Mr Rutowicz appeared to have been drinking and told her “I think I’ve killed a man.”

The court was also played a recording of a 999 call from Mr Rutowicz that took place when he was outside Asda that evening. He told a call handler: “The guy, he’s dead. No, it was an accident. We drink something.”

Two police officers then met Mr Rutowicz at Asda who then walked with him to Mayfield Grove.

Inside, they found Mr Balciauskas wrapped in a rug dead. Mr Rutowicz, of no fixed address, and Mr Koreiva, of Mayfield Grove, were then arrested on suspicion of murder.

Timeline of events

Detective Constable Christopher Williams, from North Yorkshire Police, was cross-examined by prosecuting solicitor Katherine Robinson who went through a timeline of events that led to the arrest.

CCTV captured the last time Mr Balciauskas was seen alive when he went to the Polish shop next door to the flat at 1pm on December 19.

Mr Rutowicz was seen later that evening collecting a pizza takeaway and returning to the property.

In the early hours of the following morning, Mr Koreiva was seen on CCTV pacing around the property before going back inside. At around 3am the pair were seen buying bottles of alcohol and returning.

The next day, Mr Koreiva was filmed visiting the Polish shop next door in his dressing gown and Mr Rutowicz was seen buying more alcohol using the bank card of the suspected victim.

Videos on phone

This morning the court were shown films retrieved from Mr Rutowicz’s phone, timestamped at 5am and 7am on December 20.

They showed Mr Balciauskas still alive but beaten with bruises all over his hands and face whilst inside the Mayfield Grove flat.

The videos showed the two men attempting to give Mr Balciauskas cigarettes and something to drink.

Police later retrieved a photo of the victim taken at 12.04pm that day where he was apparently dead and wrapped in a rug.

More alcohol

An hour before the videos of Mr Balciauskas beaten but still alive were filmed, Mr Rutowicz and Mr Koreiva were seen on CCTV ordering a taxi to Pannal’s BP petrol station to buy more alcohol before returning to the property.

Mr Rutowicz was seen leaving Mayfield Grove at around 10am the next day to buy more alcohol. He was again seen using Mr Balciauskas’s bank card to buy more alcohol at 2pm.

At around 11pm, Mr Rutowicz was captured on CCTV leaving the flat to go to Asda on Bower Street when the 999 call took place.

Arresting officer PC Joseph Horne gave a statement to the court that said Mr Rutowicz was crying and talking on the way to the police station.

PC Horne said:

“I couldn’t understand what he was saying because of his thick accent. When in custody he said ‘It was an accident, my brother is dead I will show you how he did it’.”

The trial continues tomorrow.

Harrogate guest house owner plans to appeal cannabis racket conviction

A Harrogate guest house owner who played the role of “facilitator” in a half-a-million-pound cannabis racket has sacked her legal team as she pursues plans to appeal her conviction.

Yoko Banks, 74, rented out her properties to an Albanian drug gang for “industrial” cannabis production “in the expectation of significant profit”, Leeds Crown Court heard.

The pensioner, of Scargill Road, was jailed for three-and-a-half years in August last year after she admitted three counts of being concerned in the production of cannabis. 

Her six co-conspirators, Visar Sellaj, 33, Kujtim Brahaj, 50, Indrit Brahaj, 27, Bledar Elezaj, 36, Andi Kokaj, 23, and 31-year-old Erblin Elezaj, an illegal immigrant, were jailed for a combined 22 years for various offences including drug supply and production of skunk cannabis.

Banks, who owns properties across Harrogate, was back in court today to face financial confiscation proceedings under the Proceeds of Crime Act.

But they were postponed once again after the court heard she was still intent on appealing her conviction and wanted to leave her legal team in favour of another firm of solicitors.

Prosecutor Michael Bosomworth said there was also an issue with a statement provided by one of Banks’s co-defendants, the gang’s ringleader Sellaj, who claimed that some of the money in his bank account had been transferred to him by relatives in Albania. 

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He added, however, that the major sticking point involved Banks and her “complicated accounts and property empire”.

Mr Bosomworth said Banks was now claiming “she only understands Japanese” – although she spoke in English in the dock and appeared to understand everything that was put to her. 

Matters have been further complicated by Banks initially telling her legal team she didn’t wish to appeal, but then changing her mind.

She had pursued the appeal “notwithstanding she told (her solicitors) she wasn’t pursuing it” and was now in the process of transferring legal aid to a new team of solicitors.

If her legal aid application is granted, it would mean her costs being covered at least partly by public money.

Banks has “messed everyone around” for 18 months

Mr Bosomworth said there had been an issue between Banks and her present solicitors and she was “awaiting legal aid to be transferred”.

He said it was the Crown’s case that Banks had “messed everyone around for the last 18 months” and that the prosecution would “invite the court to consider the matter on the basis she is just not co-operating”. 

He added that any order made today in terms of benefit and confiscation amount would “inevitably” be challenged by Banks who, as things stood, did not have any legal representation.

Mr Bosomworth said it was incumbent on Banks to submit a statement to the court showing her assets and “what the issues are”, but she had not yet served one.

When Recorder Mr Baird asked Banks if she understood what had been said and that she must submit a statement, she said she did and that she had “messed up quite a lot” during the legal case.

At the previous hearing in January, the Crown said it was not yet in a position to make a financial confiscation ruling because Banks’s defence team needed more time to delve into her “complicated” accounts and extensive “property empire”.

Leeds Crown Court. Picture: the Stray Ferret.

Leeds Crown Court. Picture: the Stray Ferret.

Banks’s then defence counsel said that a forensic accountant had been instructed to scrutinise her accounts and the “considerable amount” of properties and other assets she owned. 

Mr Recorder Baird adjourned the confiscation proceedings until July 29. 

He said: 

“These are important matters for Mrs Banks. There’s a lot of money at stake here and I take the view that she should be legally represented.”

Banks was ‘facilitator’ in cannabis racket

At the sentence hearing in August 2021, the court heard that the “professional”, London-based gang had invested tens of thousands of pounds into three cannabis factories at Banks’s properties on Alexandra Road, Woodlands Road and Somerset Road near Harrogate town centre.

The criminals had even dug a trench outside the three-storey Edwardian villa on Alexandra Road through which they fed electricity cables to the house to power the “highly sophisticated” cultivation system and bypass the electricity grid.

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Their plot finally unravelled when police were called to the five-bedroom villa on September 26, 2020, after reports of a “disturbance” in the street involving what appeared to be two rival gangs vying for the cannabis farm.

Banks had rented her properties to the Albanians through an “unidentified individual who goes by the name of Francesco”, who sub-let the houses to the gang’s ringleader Sellaj.

The total potential yield of the cannabis factories was valued at up to £456,000, not including previous harvests.

Although Banks was not involved in the cultivation, she had played a “facilitating” or advisory role in the plot and was constantly “pressing (the gang) be paid by them”.

Banks – who had previous convictions for health-and-safety offences through her work – was due to be paid at least £12,000 a month in rent for the three properties and was also receiving “high” deposits.  

Man denies murder at flat on Harrogate’s Mayfield Grove

A man has denied murder following the death of a 41-year-old man in Harrogate.

Vitalijus Koreiva, 36, is accused of murdering Gracijus Balciauskas on December 20 last year. Mr Balciauskas’s body was found at a flat in Mayfield Grove at about 11.30pm.  

Koreiva, of Mayfield Grove, appeared at Leeds Crown Court via video link today when he pleaded not guilty to the allegation. 

A second murder suspect, 38-year-old Jaroslaw Rutowicz, of no fixed address, has yet to enter a plea to the charge. 

Judge Geoffrey Marson QC adjourned the case for a trial on June 20. It is expected to last 10 days. Koreiva and Rutowicz were remanded in custody.

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Harrogate guest house owner was ‘facilitator’ in £500k cannabis racket

A Harrogate woman who played the role of “facilitator” in a half-a-million-pound cannabis racket will have her accounts scrutinised before a financial-confiscation hearing to determine how much she pays back.

Yoko Banks, 73, a former guest-house owner, rented out her properties to an Albanian drug gang for “industrial” cannabis production “in the expectation of significant profit”, Leeds Crown Court heard. 

The disgraced pensioner was jailed for three-and-a-half years in August last year after she admitted three counts of being concerned in the production of cannabis. 

Her six co-conspirators, Visar Sellaj, 33, Kujtim Brahaj, 50, Indrit Brahaj, 27, Bledar Elezaj, 36, Andi Kokaj, 23, and 31-year-old Erblin Elezaj, an illegal immigrant, were jailed for a combined 22 years for various offences including drug supply and production of the highly potent skunk cannabis.

‘Complicated property empire’

Banks, who owns a string of “highly marketable” properties in some of Harrogate’s most desirable areas, now faces financial punishment under the Proceeds of Crime Act (POCA), which will determine how much she has to pay back for her part in the drug plot worth at least half a million. 

She was back in court today via video link from New Hall women’s prison in Wakefield.

Prosecutor Michael Bosomworth said the Crown was not yet in a position to make a financial confiscation ruling because Banks’ defence team needed more time to delve into her “complicated” accounts and extensive “property empire”.

He added:

“It’s a somewhat complicated property empire and there’s going to be some time (needed) to prepare it.”

He said that Banks’ solicitors were hiring a forensic accountant to pore over her properties and assets.

Yoko Banks was jailed at Leeds Crown Court last year. Picture: the Stray Ferret.

Banks’ defence counsel confirmed that a forensic accountant had been instructed to scrutinise her accounts and the “considerable amount” of properties and other assets” she owned. 

Judge Neil Clark granted the defence an extra eight weeks to carry out an intensive audit of Banks’ assets.

She and her co-defendants will be back in court on Monday via video link when new dates will be set for the POCA hearings.

London gang invested in Banks’ properties

At the sentence hearing in August, the court heard that the “professional”, London-based gang had invested tens of thousands of pounds into three cannabis factories at Banks’s properties on Alexandra Road, Woodlands Road and Somerset Road near Harrogate town centre.

The criminals had even dug a trench outside the three-storey Edwardian villa on Alexandra Road through which they fed electricity cables to the house to power the “highly sophisticated” cultivation system and bypass the electricity grid.

Their plot finally unravelled when police were called to the five-bedroom villa on September 26 last year after reports of a “disturbance” in the street involving what appeared to be two rival gangs vying for the lucrative cannabis farm.

Officers found 283 plants in four growing rooms inside the mock-Tudor house, which was fitted with CCTV cameras.  Chillingly, they also found a “large” crossbow and arrows next to the front door. The plants had a potential yield of up to 21 kilos.  

Mr Bosomworth said the “organised” gang had operated the lighting, electrical and “security” systems remotely through broadband technology and were even able to watch a “live feed” of the drugs bust over the internet.

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There were other large grows at two of Banks’s other properties, which had the “capability of producing industrial amounts” of skunk. 

She had rented the properties to the Albanians through an “unidentified individual who goes by the name of Francesco”, who sub-let the houses to the gang’s ringleader Sellaj.

Before the drug raid, the gang had fled in a Transit van and an Audi which were “trapped” on the M1 by police in Hertfordshire and finally stopped on the M25 just after midnight.

Police found 30kg of “saleable”, harvested cannabis plants inside the van worth about £300,000.

Inside the £26,000 Audi SQ5, which belonged to Sellaj, police found £3,675 in cash and an 18-carat-gold Rolex watch worth £28,000.

As well as the 283 plants at the Alexandra Road factory, there were also 143 “root balls” from previous harvests and 6kg of cannabis flower buds. The “industrial” operation would have yielded between 11kg and 33 kilos worth up to £330,000. 

Fifty-nine cannabis plants, worth up to £83,000, were found at Banks’s Somerset Road property and 86 plants, with a “bulk value” of up to £62,000, were discovered at the house on Woodlands Road. 

The total potential yield of the 395 plants was 45 kilos, with a combined value of up to £456,000. This was in addition to the 30 kilos found in the van and did not include previous harvests.

Banks played ‘facilitating role’

Although Banks was not involved in the cultivation, she had played a “facilitating” or advisory role in the plot. She was in “regular communication” with ‘Francesco’ and Sellaj through Whatsapp messages and was constantly “pressing to be paid by them”.

Banks -—who had previous convictions for health-and-safety offences through her work — was due to be paid at least £12,000 a month in rent for the three properties and was also receiving “high” deposits.  

Her defence team claimed she had let out the properties to “supplement” her weekly pension due to financial pressures. 

It’s understood that Banks had been planning to appeal her conviction but had since abandoned the idea.

Harrogate police officer pleads not guilty to alleged sexual assault

A Harrogate police officer has pleaded not guilty after being charged with sexually assaulting a woman while on duty.

Christopher Ryan Hudson, 31, appeared before Leeds Crown Court for a preliminary hearing today where he entered his plea.

The alleged offence is said to have taken place at Stonefall Cemetery on Wetherby Road, Harrogate, on February 8.

He is accused of sexually touching the woman, who cannot be named for legal reasons, while he was on duty.

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Mr Hudson, of Hollin Terrace, Huddersfield, spoke to confirm his name and that he understood his bail conditions, which include no contact with the alleged victim.

Judge Simon Batiste imposed the new conditions before adjourning the case for a trial on February 20, 2023. He blamed the delay on a “considerable backlog in the courts”.

North Yorkshire Police said in a statement that Mr Hudson was based in Harrogate at the time of the allegation and was currently suspended.