National

Upset over accused Vic knife killer’s bail

By AAP Newswire

An accused killer charged with stabbing a man to death in Melbourne has been granted bail, prompting an angry outburst from the victim's family.

Samir Mayhoub, 42, is charged with murdering a 61-year-old man at Campbellfield on May 22 and on Wednesday was freed from custody with a judge citing a "weak" prosecution case.

The Supreme Court of Victoria was told the victim - cabinet maker Bunyamin Oksuz - went to Mayhoub's home with a friend on the night of the alleged murder to demand cash owed to him for work carried out at the property.

The duo made their way into the home but within 30 seconds they were thrown out by Mayhoub's wife.

A scuffle ensued, during which Mayhbour is alleged to have waved a 27cm knife before kicking at Mr Oksuz, who grabbed the first man's foot causing him to lose balance.

As Mayhoub tried to stay on his feet he is alleged to have pulled Mr Oksuz and while doing so, stabbed him.

His lawyer Sarah Thomas said the prosecution case failed to prove Mayhoub intended to kill.

"There is no vision of the accused lunging at the deceased or striking at the deceased with the knife," she told the court.

"What we have in this case is simply the CCTV footage which does not disclose any intentional blow or any intentional strike with the knife by the accused."

In a subsequent interview with police, Mayhoub said he didn't mean to kill the man, Ms Thomas added.

The prosecutor said it was up to a jury to watch the footage and decide whether Mayhoub had murderous intent.

Justice Paul Coghlan described the crime as a "weak" case of murder but a "very serious case of manslaughter".

"I'd have to say at the very least it's not a strong case for murder ... anyone who would look at the CCTV would think that," he said.

The judge described the death as "desperately terrible consequences for something that shouldn't have happened" and noted the Mr Oksuz hadn't acted in an aggressive way.

"The deceased is standing there with his hands spread out almost in an act of subjugation as in 'what are we doing here?'" he said.

Justice Coghlan praised the efforts of Mayhoub's wife who tried to diffuse the situation, describing her as the "only sensible person in this whole enterprise".

As he outlined bail conditions for Mayhoub, including a $50,000 surety and the need to report to police, friends and relatives of Mr Oksuz stormed out of court.

One called Mayhoub a "f***ing piece of shit" and threatened he "will pay".

Outside court, the Mr Oksuz's nephew Eren described his uncle as a "good man".

"He didn't go there with a weapon," he said.

"I'm not crying but I'm burning inside."

Mr Oksuz's widow had to be carried from court by three family members as she cried hysterically.