A woman accused of stabbing her partner to death with a knife last Christmas Eve will face trial after pleading not guilty to his murder on Wednesday.
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Elise Walker, 34, stands accused of the murder of her 37-year-old partner, Matthew Johnston, at their Kangaroo Flat home last year.
Ms Walker applied for bail following a two-day committal hearing in the Bendigo Magistrates’ Court, but will remain in custody until at least Monday after magistrate Bruce Cottrill deferred his decision.
In opposing bail, prosecutor Jane Warren said Ms Walker posed an unacceptable risk of committing further offences, particularly in relation to drug use, given the nature of the charge she was facing.
“It's a pressure cooker in terms of somebody who previously resorted to drug and alcohol use,” she said.
Homicide squad detective leading senior constable Christopher Saulle told the court Ms Walker had previously failed to appear at court on four occasions when required to do so and breached a community corrections order after assaulting a police officer by kicking him in the groin.
Ms Warren argued Ms Walker could be found guilty of murder if a jury ruled out the possibility Mr Johnston’s death was an accident and determined her actions were reckless, but defence lawyer Scott Johns described that as “a novel approach”.
Mr Johns said there was a “real prospect” a jury could determine the death was accidental or find his client guilty of manslaughter and in arguing for bail to be granted described the circumstances of her previous failures to appear at court as “starkly different”.
“The entire world's turned upside down since last year,” he said.
In committing Ms Walker to stand trial, Mr Cottrill said while it was “certainly not the strongest case of murder that one might imagine,” he was “satisfied that this is a matter that should go to a jury”.
Ms Walker will return to court on Monday for the completion of her bail application and is expected to face trial in the Supreme Court in February.