A Sri Lankan mother-of-three killed by her estranged husband fled the family home with her children almost a decade earlier after he hit her with a hammer and stomped on her, a jury has been told.
Nelomie Perera, 43, was found dead in a pool of blood in her kitchen with 35 separate injuries in December 2022.
Prosecutors allege Dinush Kurera, 47, murdered her in a “sustained, brutal and vicious attack” with a hatchet and kitchen knife in front of their children.
Kurera has pleaded not guilty to her murder and further denies assaulting his 17-year-old son.
On Wednesday, lawyers for Kurera, whom prosecutors allege had no injuries after the attack, told a jury that he admitted he killed his wife but he did so to save his own life.
“He grappled with her over the knife, in her murderous rage and he defended himself and the deceased was killed,” defence barrister John Desmond told the court.
“Rage met rage.”
Prosecutor Mark Gibson KC had alleged, on the first day of the trial, that Kurera was fuelled by a “deep-seated hatred” for Perera when he killed her, after she told him she wanted a divorce and he discovered she was seeing other people.
He told the court that Perera, 43, had discovered Kurera was cheating on her with another woman while he was on a trip in Sri Lanka and ended their marriage over the phone.
She told him he could no longer stay at their family home, organised a storage unit where she moved his belongings and was fearful about his return home to Melbourne, Gibson alleged.
About two days after he flew home, on 3 December 2022, Gibson said Kurera went to Bunnings Warehouse and bought a 30cm crowbar and a fibreglass hatchet.
At about 10pm, Kurera went to a petrol station and bought a lighter and a 10-litre jerry can which he filled with petrol, the prosecutor said.
The court heard that Kurera then drove to the family home in Sandhurst, in Melbourne’s southeast, used the crowbar to break through the fence while wearing dark clothing and gloves.
“Mr Kurera, under the cover of darkness, approached Nelomie, taking her by surprise as she was about to have a cigarette on the back patio area,” Gibson said.
He alleged Kurera then struck his wife in the head with a hatchet and their two teen children ran down to their mother’s screams.
Gibson said the family then moved to the living room where the estranged couple argued before Kurera again hit Perera with the hatchet.
He told the court that the pair’s 17-year-old son tried to run for help, but Kurera chased him and hit him with the axe.
Desmond said Kurera denies that he hit Perera with the hatchet or assaulted his son.
“It just didn’t happen,” the defence barrister said on Wednesday.
Gibson alleged in court that Kurera, Perera and their 16-year-old daughter moved to the kitchen, where he grabbed a 30cm long kitchen knife and stabbed her.
But Desmond said this was a “stark issue” for the jury to decide in the trial as Kurera claimed it was Perera who came at him with the knife.
“Nelomie took the opportunity when it arose to get the kitchen knife and came at the accused in a wild rage, violently swinging this large kitchen knife at the accused, trying to kill him,” he said.
“He did what any person would do and was entitled to do in those circumstances – he defended himself.”
Perera’s sister Minoli gave evidence on Wednesday afternoon, describing an alleged history of violence perpetrated by Kurera.
The jury was told Perera fled to her parents’ home with her three children in 2013 after Kurera allegedly hit her with a hammer and stomped on her.
“She had bruises on her face and she was struggling to walk,” Minoli said.
“She told me that she couldn’t leave [Kurera] because of the children.”
She said when Perera caught her husband cheating on her with a woman in Sri Lanka he denied it and said “it was all in her head”.
The trial before justice Amanda Fox continues.
Source: The Guardian
--Agencies
