A worker accused of stabbing a good Samaritan who intervened in a domestic violence assault claims he acted in self-defence as it emerged his partner is due to give birth in the coming days.
Ali Telakh, 41, allegedly assaulted his ex-partner, 39, in a parked car on Macquarie Street, Liverpool, in Sydney’s west, at about 2.20am on Sunday, before turning the knife on Rafi Zaki, 44, when he ran to her aid.
Mr Zaki was taken to Liverpool Hospital in a stable condition with serious injuries, while Telakh allegedly fled the scene. He was arrested in Rockdale on Monday after handing himself in to police.
After spending a night in custody, Telakh, wearing a grey hoodie and needing the assistance of an Arabic translator, appeared via video link at Sutherland Local Court on Tuesday where he made an application for bail.
According to police facts presented to the court, the prosecution will allege that Zaki heard the woman (whose name the Daily Mail Australia has chosen not to reveal) and Telakh arguing and approached them to ask if they were okay.
Telakh allegedly told Mr Zaki: “Fuck off, it’s none of your business,” and the woman then attempted to calm the situation between the men.
According to the documents, Telakh then ran to his car and his ex-partner followed, before another confrontation broke out between the two.
Mr Zaki, still concerned for her welfare, followed the couple down the street, before Telakh allegedly brandished a knife from the car and stabbed him in the forearm and upper chest, causing a 2cm wound that punctured his lung, the court heard.
Ali Telakh, 41, allegedly stabbed a man in Liverpool, in Sydney’s west, in the early hours of Sunday morning.
The Good Samaritan (in the white shirt) is photographed receiving help from passersby after he was allegedly stabbed.
However, Telakh’s lawyer Gazi Abbas told the court that his client, a father of two who is expecting his third child, will argue that he was acting in self-defence and that it was not his knife that was used in the alleged incident.
“Mr Telakh will claim self-defence – that the knife belonged to the good Samaritan and that Mr Zaki followed the defendant and his ex-partner,” Abbas said.
“As per my instructions, the CCTV camera would corroborate your version of events.”
Mr Abbas said Telahk moved to Australia from the Middle East in 2013, has since obtained citizenship and has no previous convictions.
He said Telahk was a plant worker who earned $2,500 a week but recently had to stop working due to hernia surgery, from which he still suffers medical complications.
Mr Abbas argued that Telakh should be granted bail due to his medical needs, his lack of a criminal record and to support his current partner financially and with the upcoming birth of his child.
“He has two children with a former partner and his current partner is pregnant and could give birth any time this week,” Abbas said.
Mr Abbas proposed that Telakh could be released on strict “house arrest” style bail conditions and that a $3,000 surety could be offered for his release.
The court heard Telakh moved to Australia in 2013 and worked in construction as a formwork worker.
CCTV footage shows Telakh with his ex-partner on Macquarie Street at the time of the alleged assault.
Police tape was still hanging on the sidewalk on Macquarie Street on Monday.
However, the prosecution strongly opposed bail, arguing that Telahk was charged with a serious crime and that the case against him was “strong” as it was backed by CCTV evidence and two independent witnesses.
The prosecutor told the court there were concerns Telakh might fail to attend court, interfere with witnesses or pose a “significant risk to the community” due to the nature of the allegations.
“The (alleged) attack was against a member of the community who was trying to help, a good Samaritan,” the prosecutor told the court.
The prosecutor also noted that Telakh, who has been charged with common assault, domestic violence, affray and wounding a person with intent to cause grievous bodily harm, could face up to 25 years in prison if convicted.
Magistrate Jillian Kiely noted Telakh had a limited criminal record, community ties and had been in paid employment since migrating to Australia.
However, she refused bail, arguing that releasing Telakh posed too great a risk to the safety of the community given the allegations against him.
When the verdict was announced, Telakh gasped and dropped his face into his palms.
He is next due to appear in Campbelltown Local Court on November 6.