Ilknur Caliskan,46,previously told police she had no memory of the evening,when she and her husband,Serdar Caliskan,50,and friends had earlier been sitting around a campfire off Spur Road near Clonbinane on September 30 last year.
At 11.30pm,emergency services were called to bushland nearby after reports a man had been stabbed. The 50-year-old died at the scene,and his wife was later charged with his murder.
Defence barrister Daniel Sala told Justice Rita Incerti in the Supreme Court on Wednesday that in order to advance his client’s defence,she needed to be released on bail to attend a specialist sleep clinic that operates only in NSW.
There,a professional would watch her sleep before preparing a report for the court.
He said his client intended to rely on a defence of.
“An expert has been approached from NSW. The applicant needs to be asleep at his location. She really needs to attend upon the clinic to advance her defence,” Sala said.
“We say these are exceptional circumstances.”
Parasomnia is a sleep disorder associated with unnatural movements and the potential to act out dreams while asleep.
The court heard Caliskan had no prior criminal history and significant family support,including two children with whom she could live.
The prosecution and the judge noted it was an unusual case and acknowledged Caliskan’s ongoing incarceration would prevent her from exploring this defence because there were no relevant experts in Victoria.
The court heard it was likely legal teams would also have to grapple with the suggestion that Caliskan’s late husband might have told others about his wife’s “sleeping habits”.
“You’ve been charged with the murder of your husband on September 30,2023. I don’t need to tell you murder is certainly the most serious offence of the criminal calendar,” Incerti told the accused woman.
“Bailing someone who is charged with murder is not an everyday event.
Incerti granted Caliskan bail on the condition that she reports to police three times a week,surrenders her passport and does not contact witnesses.
Caliskan,who appeared in court via video link from custody,sobbed as the judge said:“I am going to bail you. You’re going home today.”
The accused woman must return to court in May.
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