Killarney Vale: Kane Divola pleads guilty to recklessly stabbing his brother-in-law

A man stabbed his brother-in-law for calling him a “Centrelink bum” before suffering a fractured jaw and cheekbone during a drunken fight, a court has heard.

In-laws can be stressful enough without a global pandemic throwing unemployment and couch surfing into the mix.

But it all spilt over for one Killarney Vale family when a man stabbed his brother-in-law during a drunken fight before he was knocked out and suffered a fractured jaw and cheekbone, a court has heard.

Kane Divola faced Wyong Local Court on Tuesday where he pleaded guilty to one count of reckless wounding.

Another charge of wounding a person with intent to cause grievous bodily harm was withdrawn and dismissed.

An agreed set of police facts states the 24-year-old was living with his defacto and their four children at a house on Oxely Rd in July last year when her brother came to stay with them because of a “Covid-related lockdown”.

Divola and his brother-in-law started drinking at the house and continued drinking together “throughout the day” until they were joined by two other people.

“There had been verbal arguments between the offender and the victim over the course of the day, including in relation to the offender’s work and the housing situation of the offender, (his partner) and their children,” the facts state.

“Specifically the victim criticised the offender for not having a job (calling him a Centrelink bum” and similar) although the offender’s usual employment was not available due to Covid related lockdown.”

The facts state Divola’s brother-in-law also criticised him for not finding a new house for Divola’s partner and their children given their lease was about to end.

“The offender and the victim got into a physical fight in the lounge room,” the facts state.

The pair grabbed and pulled each other to the ground before being separated by the others present.

Divola leaving Wyong Local Court after pleading guilty to reckless wounding. Picture: NewsLocal

“The victim walked to the front door, opened it and walked out to the front yard,” the facts state.

“The offender grabbed a large knife from the kitchen. The victim turned to face the door and saw the offender running from the kitchen towards him and he saw that he was holding a large knife in his right hand. The victim yelled out `Someone please help me’.”

Divola ran towards his brother-in-law who grabbed him but not before Divola stabbed the victim in his right forearm.

The victim yelled out “someone please help me, I’ve been stabbed, call the police” and a number of neighbours rang Triple 0 about 11.55pm.

One neighbour came outside to find the victim “on top of the offender, punching him a number of times to the face” and both men “were covered in blood” the facts state.

The neighbour told the brother-in-law to get off Divola who “appeared to be unconscious, as he was lying on his back not moving”.

The neighbour picked up the knife and threw it out into the street before putting it in the letter box.

“The offender came to, stood up and kept trying to fight the victim but [the neighbour] intervened and stopped the offender,” the facts state.

Divola suffered a fractured jaw and cheekbone during the incident. Picture: NewsLocal

This happened a few times until police and paramedics arrived but not before Divola had managed to slip out the back and jump a fence.

The victim was taken to Gosford Hospital where he received six stitches to a 5cm cut to his forearm and discharged himself against the doctor’s advice.

He told police he reacted in self defence and was not charged in relation to the incident.

Later, about 3.53am on July 26, police arrested Divola at a Berkeley Vale property before he was taken to Wyong Hospital where he underwent surgery to insert six screws and elastic bands into a fractured jaw and cheekbone.

He was discharged on July 27 and taken to Wyong Police Station where he was charged with reckless wounding.

Divola was adjourned to face sentence in the same court on July 27.