THE TRIAL of a man accused of stabbing his wife in the neck in a brutal attempt to kill her has been sensationally aborted after a string of events saw it begin to unravel just a day after it opened.
Aimal Ghouse has denied slashing his wife's neck with a kitchen knife with the intent to murder her inside a Jesmond unit during a screaming match that turned physical on the evening of April 9, 2021.
On Tuesday morning, a jury of 12 men and women was empanelled for the two-week trial, interpreters were on hand for the Afghan defendant and some witnesses, the Crown prosecutor and defence barrister had opened their cases, and the alleged victim had been called as a witness.
By Thursday afternoon, Ghouse had fired his barrister and solicitor, demanded the trial continue with him representing himself, and the jury had been dismissed and thanked for their service.
The Newcastle Herald can now reveal the details of how the trial blew up after Judge Peter McGrath made the difficult decision to vacate it and have it relisted, which could take more than a year.
Ghouse, a refugee who had been through significant trauma, became visibly distressed at the thought of a lengthy delay and said he couldn't take it.
A significant hurdle arose on just the second day of the trial when Ghouse fired his private legal team, who he said he had borrowed money to pay for.
Ghouse later told the court he had been asked to sign documents, related to his fee agreement and the case itself, which had worried him and so he had said "sorry, I cannot".
He also claimed his barrister was not listening to his requests, and something had happened to make him feel "hopeless".
"As a client sometimes I would like to advise my lawyers and they don't act on that," Ghouse said.
Judge McGrath reminded him lawyers knew how a trial had to legally be run, but made the call to dismiss the jury panel when he found out Ghouse no longer had legal representation.
"Mr Ghouse was represented by lawyers ... you'll notice of course they are not present today," Judge McGrath told the jury on Thursday morning.
"What I have decided after lengthy discussion ... is that I will be required to discharge you as a jury in the trial."
Another jury was to be empanelled, and there was a suggestion the trial may start next week.
Lengthy discussions were then held in Newcastle District Court about the logistics of Ghouse running his own trial on such a serious charge, which carries up to 25 years behind bars.
Arrangements were made for Ghouse to access a laptop and review the lengthy brief of evidence in the case, and watch hours of sensitive footage in a secure location in the company of the police office-in-charge.
He would have had until Monday to prepare questions for a court-appointed, non-lawyer to ask the alleged victim, because he could not legally cross-examine her himself in the domestic violence trial.
The court heard the Crown prosecutor Brendan Queenan would also be making complicated legal applications to cross-examine some of his own "unfavourable" witnesses.
Mr Queenan had previously told the court in his opening address that he expected witnesses to give "conflicting" accounts about what had happened, and said the alleged victim had claimed she couldn't remember how she was hurt.
As the enormity of the task ahead became clear, Judge McGrath told Ghouse that representing himself in a criminal trial - while he had a right to do so - was complex, particularly in the unique circumstances of his case.
He asked Ghouse, who was 38 and working as a taxi driver in Newcastle when he was arrested more than two years ago, why he wanted to push ahead.
"Every day, every hour, every second, I am suffering," he said, his voice breaking with emotion.
"I know nothing about the law ... I don't have any other option."
He said his time in custody was "hell", and Judge McGrath noted he had suffered past trauma in the "war-torn country" of Afghanistan.
"The court wants to make sure that if you do have other options, you are aware of them," Judge McGrath said.
An on-duty Legal Aid solicitor was able to meet with Ghouse and said he would likely be eligible for the service, though any defence lawyer would need time to get across the material.
The solicitor said Ghouse was between "a rock and a hard place" - having to choose between a lengthy delay in his already two-year-old case, or represent himself.
"Have you considered how the stress of running the trial yourself might affect you?" Judge McGrath asked Ghouse.
"I just keep hoping, Your Honour ... I hope a fair justice will happen."
Mr Queenan said he was concerned about a fair trial in the extraordinary circumstances Ghouse found himself in.
"It appears that the issue for him is the delay, as opposed to wanting lawyers to assist him," Mr Queenan said.
Judge McGrath said the court had been placed in a "very difficult position" of having to strike the delicate balance between the unfairness Ghouse would face without a lawyer, and the understandable distress a delay would cause, which Ghouse had expressed in "very compelling" terms.
"It is in the interest of justice that the very grave allegations that are raised ... be resolved by the criminal process," Judge McGrath said.
"The trial of Aimal Ghouse is vacated in circumstances where he is unrepresented."
The matter was set down for mention later this month. A new trial date will be set.
Ghouse faces an alternate charge of wounding his 34-year-old wife of 17 years with the intent to cause grievous bodily harm.
Before the defence barrister withdrew from the matter, he told the jury in his opening address that Ghouse was simply innocent of the charges.
Emergency services were called to the William Street unit about 6.40pm on the night in question, and the woman was taken to John Hunter Hospital for treatment, after her carotid artery was cut.
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