According to police, a man facing murder charges in Sydney’s southwest admitted in a distressed manner that he acted in self-defense when the victim threatened people with a broken bottle and knife.
On November 19, 2022, Justin Hennings was allegedly stabbed once in the chest in Campbelltown.
He passed away in the hospital not long after. Joshua Fenby, the man accused of killing him, filed a bail application in the NSW Supreme Court today, claiming he had admitted stabbing Hennings out of self-defense.
When the 26-year-old made the purported statement over the phone to another guy in February, he was reportedly upset, distraught, and weeping, according to the police. He had been apprehended at his Gorokan home.
Judge Ian Harrison was informed by witnesses that Hennings attempted to fight and intimidate others present when he arrived on the scene brandishing a knife and a broken glass bottle.
Defence attorney Jehane Ghabrial stated that the 25-year-old was disarmed after being observed to be in a drug-induced rage and then stabbed with his own knife.
Hennings was dropped off to the hospital by a friend of Fenby’s, and the court was informed that a second knife had come loose from his waistband and was discovered under a bed.
According to Ghabrial, blood tests revealed that he was both inebriated and under the influence of cannabis when he passed away. The court heard that Sam Elomari, a second man charged with the murder, approached a witness and suggested she claim Fenby wasn’t present and that he caused the fatal wound.
According to Ghabrial, Elomari informed officers he had “been around the block” in jail and didn’t mind going back. “I’ve been around the block too and I’ve never seen altruism of that kind ever,” Harrison replied.
The prosecution claims that although Fenby was the one who stabbed Hennings, Elomari was involved in a coordinated criminal plot that resulted in the murder.
Elomari, who was detained in February but apart from Fenby, has not been found guilty. Ghabrial contended that her client ought to be freed on bond, stating that it would be impossible for the crown prosecution to refute any self-defense claim made by the defendant in a jury trial.
Strict bail requirements, such as living with his uncle four hours away from Campbelltown under electronic surveillance and not being allowed to leave alone, should allay any worries the court may have had, according to Ghabrial.
She maintained that there was no proof Fenby would carry out a similar violent crime if freed, given his instant regret for the reported stabbing.
The proposed conditions would also prevent him from entering Sydney, the court heard. Diana Patherson, the crown prosecutor, said Fenby shouldn’t be given bail because she posed an excessive risk to the public.
She stated that there was a compelling case to be made that he was responsible for Hennings’ death.
The court was informed that there was a possibility he could obstruct witnesses if released. Harrison held off on making a decision.
In relation to the purported murder, two other people have also been charged with accessory after the fact. The next time Fenby appears in Wyong Local Court is on April 16.