Police have claimed a man accused of murder in Sydney's southwest made a distraught admission of acting in self-defence after the victim was threatening people while brandishing a knife and broken bottle.
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Justin Hennings was allegedly stabbed once in the chest in Campbelltown on November 19, 2022 and died soon afterwards in hospital.
His alleged murderer Joshua Fenby made an application for bail on Thursday in the NSW Supreme Court, which heard he had allegedly admitted stabbing Mr Hennings in self-defence.
Police claim the 26-year-old, who was arrested at his home in Gorokan in February 2024, was distressed, crying and upset when he made a phone call to another man making the alleged admission.
Witnesses said Mr Hennings turned up with a knife and a smashed glass bottle trying to fight and threaten those on the scene, Justice Ian Harrison heard.
The 25-year-old was seen to be on a drug-induced rage and was stabbed with his own knife after being disarmed, defence barrister Jehane Ghabrial said.
After Mr Hennings was dropped at the hospital by an acquaintance of Fenby's, a second knife fell out of his waistband and was found underneath a bed, the court heard.
Blood tests showed he was intoxicated plus affected by cannabis at the time of his death, Ms Ghabrial said.
A second man charged over the murder, Sam Elomari, approached a witness suggesting she should say Fenby was not there and that he inflicted the fatal wound, the court heard.
Elomari told police he'd "been around the block" in jail and didn't mind returning there, Ms Ghabriel said.
"I've been around the block too and I've never seen altruism of that kind ever," Justice Harrison said.
Prosecutors allege that while Fenby was the person who stabbed Mr Hennings, Elomari was part of a joint criminal enterprise to the murder.
No findings have been made against Elomari, who was also arrested in February but separately to Fenby.
Ms Ghabriel argued her client should be released on bail, saying crown prosecutors would have difficulty in disproving any defence of self-defence that came up during a jury trial.
Onerous bail conditions, including that he live with his uncle four hours away from Campbelltown under electronic monitoring unable to leave alone, should mitigate any risks or concerns the court had, Ms Ghabrial said.
Given his immediate remorse for the alleged stabbing, there was no evidence that Fenby would commit a similar violent crime if released, she argued.
He would also be barred from entering Sydney under the proposed conditions, the court heard.
Crown prosecutor Diana Patherson said Fenby posed too significant of a risk to the community and should not be granted bail.
There was a strong crown case he had been involved in the death of Mr Hennings, she said.
There was also a risk he could interfere with witnesses if let out, the court heard.
Justice Harrison reserved his judgment.
Two others have also been charged with accessory after the fact over the alleged murder.
Fenby will next appear before Wyong Local Court on April 16.
Australian Associated Press
