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Home / New Zealand

Homicide scene indicates a fight and self-defence, defence claims

David Clarkson
By David Clarkson
Open Justice multimedia journalist, Christchurch ·NZ Herald·
24 Mar, 2022 02:20 AM3 mins to read

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Justice Rob Osborne will sum up to the jury on Friday morning in the murder trial of Niraj Nilesh Prasad. Photo / George Heard

Justice Rob Osborne will sum up to the jury on Friday morning in the murder trial of Niraj Nilesh Prasad. Photo / George Heard

Evidence at the scene of Faiz Ali's killing in his Christchurch apartment indicated there had been a fight, the High Court was told as part of a self-defence argument.

Defence counsel for NIraj Nilesh Prasad, 39, put forward the self-defence argument in his closing address on the fourth day of the trial on a charge of murder.

Prasad denies the charge of murdering Fijian-born Ali - Prasad's ex-wife's new partner - in the alleged hammer attack on February 21, 2021. The trial began on Monday in the High Court at Christchurch before Justice Rob Osborne and a jury.

The Crown said in its closing address that the attack was "planned and contemplated" - the culmination of six months of pent up rage and aggression.

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Defence counsel James Rapley QC said the scientific evidence from the ESR witness about blood found at the scene in the hallway and in the bedroom indicated movement, showing that there had been a fight.

During that fight, Prasad got the better of Ali and rendered the fatal blows to the head. "The evidence from the scene tells us there was movement before the head injuries," said Rapley.

The evidence was that the head injuries would have rendered Ali immobile straight away, but the evidence from the scene and the damage to both men's clothing indicated there was a fight and movement before the head injuries were inflicted, he said.

Prasad said in his statement to the police: "He came at me. He was shouting and fighting with me."

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Evidence from a neighbour who had heard screaming from Ali's apartment was that she thought she heard fighting. She told the court she heard "noises like pushing or shoving, or hitting each other".

"In certain circumstances, depending on the threat and what is happening, self-defence does apply to all crimes, even murder," said Rapley.

He said Prasad did not intend to kill Ali, or cause him grievous bodily harm knowing that it was likely to cause death, or being reckless about whether death ensued.

Crown prosecutor Barnaby Hawes described Prasad's actions as "a planned and contemplated killing".

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He ruled out an argument of self-defence even if Ali had pushed, kicked or punched Prasad first when he returned to his apartment, and found him sitting on the bed holding a hammer.

A neighbour said they heard sounds of a struggle, but this did not indicate anything about self-defence.

He also ruled out the idea of "proportional response", saying that Prasad's attack caused "plainly visible catastrophic head injuries" and would have continued when he was defenceless, dying, and perhaps even dead.

"Mr Ali was the victim of six months of pent-up rage and aggression," said Hawes.

Justice Osborne will sum up for the jury on Friday morning, before the jury retires to consider its verdict.

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