A woman accused of fatally stabbing her partner in the chest was allegedly previously stabbed by him, a court has heard.
On Thursday, New South Wales Supreme Court Justice Helen Wilson rejected 31-year-old Nikita Kirby’s bail application due to a lack of evidence she acted in self-defence and concerns she could interfere with witnesses.
She is accused of stabbing her partner Scott Wallace, 37, at her sister’s housing council unit in Matraville, south of Sydney, on May 28.
Kirby’s attorney, Talal Krayem, told the court that his client has been a victim of ongoing domestic violence by Wallace, citing an alleged stabbing incident in 2021.
She claimed Wallace had attacked Kirby with a pair of scissors, causing a small hole in her chest, and police issued a domestic violence order against him to protect her.
A two-year restraining order was subsequently issued against Mr. Wallace.
Police allege Kirby called his sister on the night of May 28 and told her, “You need to come home … or this son of a bitch is going to die in the house,” referring to Wallace.
Minutes later, he allegedly punched his partner “sporadically” in the face before plunging a knife “into her chest.” The Telegraph newspaper reported.
The court heard that a relative of Kirby’s, who was in the house at the time, did not see any aggression from Wallace before he allegedly stabbed him.
Nikita Kirby (pictured), 31, is accused of stabbing her ex-partner Scott Wallace, 37, to death at her sister’s home.
Kirby claimed Wallace (pictured) had stabbed her three years before her alleged murder.
Police will allege that Kirby called his sister on May 28, 2024, and told her “you need to come home… or this motherfucker is going to die in the house,” referring to Wallace (pictured, officers at the scene)
But it was not until later that the same relative told police that Kirby’s mother said it was self-defense “and that was it,” the court was told.
“(She) was not present at the time and therefore her opinion of self-defense will not be admissible,” Judge Wilson said.
“… Based on what is before this court, at this early stage, self-defense does not appear to be strongly present, if at all.”
Mr Krayem argued that this was Kirby’s first time in custody and that he needed psychological treatment for mental health and addiction problems.
He proposed strict bail conditions that included house arrest and Kirby reporting to police twice a day.
Kirby is accused of punching Wallace in the face before stabbing him “in the chest” (pictured: officers at the scene)
Prosecutors opposed Kirby’s release, citing a history of domestic violence charges and Kirby’s previous failure to comply with bail conditions.
The court also heard that Kirby could be allowed to interfere with witnesses as he would be living with his mother and having contact with his sister.
Judge Wilson denied Kirby’s request for bail.
“All (the evidence) tends to support the Crown’s case that this was an offensive attack rather than a defensive attack,” he said.
“Based on what is available to this court, at this early stage, it does not appear that self-defense is a significant element, if it arises at all,”
Kirby has not yet entered a plea to the murder charge.
A lawyer representing Kirby (pictured) told the court she was a victim of ongoing domestic violence by Wallace.
The case is scheduled to go to trial in mid-2025 and, after being mentioned in court, later this year.
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