Drunken burger bar customer cleared of murder after jury accept he acted in self defence

A drunken Pole accused of killing a burger shop customer in front of his girlfiend walked free from court after insisting he acted in self-defence.

Igor Polikarski, 33, hit 62-year-old Roy McIntosh and slapped his partner, Sohna  Joff with one of his sliders at Burger Maxx in Uxbridge, west London, jurors heard.

Mr McIntosh, who suffered from a heart condition, staggered along Station Road before collapsing.

The tattooed Pole, who appeared in Isleworth Crown Court wearing a grey prison tracksuit, was cleared by a jury of murder and manslaughter after a two week trial.

Polikarski denied hitting Mr McIntosh and claimed he simply restrained him while acting in self-defence.

He was convicted of assaulting Ms Joff by beating and jailed for two months but he will be released because of time served on remand.

The Pole has six convictions for seven offences between 2013 and 2021 including criminal damage, common assault, assaulting a police officer and public disorder.

Mr McIntosh and Ms Joff went to Burger Maxx to buy food on 26 September last year.

‘Miss Joff handed over a banknote as payment for their food,’ said Danny Robinson, KC, prosecuting.

‘Mr Polikarski lived in a room above the Burger Maxx and he went into the shop as well.

‘He was drunk and he made a nuisance of himself.’

When the shopworker put Miss Joff’s change on the counter Polikarski tried to take it, the court heard.

‘It fell down the other side of the counter out of reach of Miss Joff and Mr McIntosh,’ said Mr Robinson.

‘That started an argument which quickly developed into a physical fight.

‘The defendant is much bigger than Mr McIntosh.

‘Mr Polikarski grabbed hold of Mr McIntosh and wrestled him to the floor.

‘Witnesses saw him hit Mr McIntosh repeatedly and heard him say he was going to f–king kill him.

‘When the fight broke up the defendant left the shop.

‘When he came back into the shop he hit Miss Joff with one of his sliders.

‘Mr McIntosh left Burger Max with Miss Joff and walked into Station Road, only about 40 or50 metres from the shop.

‘Mr McIntosh was 62 years of age and suffered from a bad heart.

‘It’s well known that stressful events such as being assaulted can cause arrhythmias, irregular beating of the heart, and Mr McIntosh collapsed next to a bus stop in Station Road and died at the scene.’

Mr McIntosh had two children with his estranged wife Maureen, the court heard.

Polikarski had been on a drinking binge in the hours leading up to the incident and CCTV shows him earlier buying vodka and Polish liquor, the court heard.

He had bought six 200ml bottles, amounting to 1.2 litres with a 25% alcohol content, Mr Robinson added.

When first arrested for attempted murder before McKintosh died, Polkarski told police: ‘Why are you
arresting me?’

He was taken to Heathrow Police Station and allowed to sober up before he was interviewed.

The Pole then answered ‘no comment” to all the questions’.

Earlier Mr Robinson told jurors: ‘It is anticipated that Mr. Polikarski’s case will be that he did not hit Mr McIntosh during the incident, but that he simply restrained him in self-defence.’

Polikarski, of High Street, Cowley, Uxbridge, denied and was cleared of murder and the lesser alternative charge of manslaughter.

He denied but was convicted of assaulting Ms Joff by beating.