Matraville stabbing: Nikita Kirby faces court accused of knifing Scott Wallace to death makes her next court move
A woman accused of fatally stabbing her partner in the chest was in fact previously stabbed by him, a court has heard.
Nikita Kirby, 31, had her bail application rejected by New South Wales Supreme Court Justice Helen Wilson on Thursday, citing insufficient evidence she acted in self-defence and concerns she could obstruct witnesses.
She is accused of stabbing her partner Scott Wallace, 37, at her sister’s home in Matraville, in Sydney’s south, on May 28.
Kirby’s attorney Talal Krayem told the court her client was the victim of ongoing domestic violence at the hands of Wallace, citing an alleged stabbing incident in 2021.
He claimed Wallace had attacked Kirby with scissors, causing a small hole in her breast, and police had subsequently taken out a domestic violence restraining order against him to protect her.
A two-year restraining order was subsequently issued against Mr Wallace.
Police allege that Kirby called her sister on the evening of May 28 and told her, “You need to go home … or this son of a bitch is going to die in the house,” referring to Wallace.
Minutes later, she allegedly punched her on-and-off partner in the face, before stabbing a knife “through his chest.” Daily Telegraph reported.
The court heard that a relative of Kirby, who was in the house at the time, did not notice any aggression from Wallace before she allegedly stabbed him.
Nikita Kirby (pictured), 31, is accused of stabbing to death his former partner Scott Wallace, 37, at her sister’s home
Kirby claimed Wallace (pictured) stabbed her three years before his alleged murder
Police allege that on May 28, 2024, Kirby called her sister and told her, “You need to go home… or this son of a bitch is going to die in the house,” referring to Wallace (pictured, officers at the scene)
But it was only later that the same relative told police that Kirby’s mother had said it was self-defense, “and it was,” the court was told.
“(She) was not present at the time and therefore her view of self-defence will not be admitted,” Judge Wilson said.
“… Based on what is available to this court at this early stage, it does not appear that self-defense plays a significant role, if at all.”
Mr Krayem argued that it was Kirby’s first time in custody and that he needed psychological treatment for his mental health and addiction issues.
He proposed strict bail conditions, including house arrest and requiring Kirby to report to police twice a day.
Kirby is accused of punching Wallace in the face and then stabbing him ‘through his chest’ (pictured are officers at the scene)
The prosecution opposed Kirby’s release, citing a history of domestic violence charges and Kirby’s past failure to abide by bail conditions.
The court also ruled that Kirby was allowed to interfere with witnesses, as she allegedly lives with her mother and has contact with her sister.
Judge Wilson denied Kirby’s request for bail.
‘All [the evidence] “appears to support the Crown’s case that this was an offensive attack and not a defensive attack,” she said.
“Based on what this court has available at this early stage, it does not appear that self-defense is strongly considered, if at all,”
Kirby has not yet pleaded guilty to the murder charge.
A lawyer representing Kirby (pictured) told the court she was the victim of ongoing domestic violence at the hands of Wallace
The case is expected to go to trial in mid/late 2025 and will be discussed in court later this year.
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