Bernd Lehmann cold case murder trial jury discharged

An elderly man accused of murdering his male lover tried to have their intimate relationship covered up because it is prohibited in his religion. A jury was discharged after they could not reach a verdict.

Naji Fakhreddine was charged with murder after police allege he killed German national Bernd Lehmann (pictured)

A jury has been unable to reach a verdict in the murder trial of an elderly man accused of bludgeoning his lover to death in a cold case that stumped police for 13 years.

Naji Fakhreddine was charged with murder after police allege he killed German national Bernd Lehmann at his Ashfield unit shortly after the pair were intimate on February 14, 2008.

A jury heard Fakhreddine’s DNA was found in Mr Lehmann’s mouth, and on a broken statuette found covered in blood next to his body.

Fakhreddine, a taxi driver, has always denied murdering Mr Lehmann.

The Saturday Telegraph can reveal Fakhreddine’s counsel tried to have his admissions to an intimate relationship covered up because it is prohibited in his religion.

Bernd Lehmann was killed, with a jury unable to make a decision in a murder case.

On Thursday, the NSW Supreme Court jury’s foreman told Justice Julia Lonergan each jury member was resolute in their judgment on the case – and a unanimous verdict, or a majority verdict, was impossible to reach.

The jury was discharged and Fakhreddine’s matter was adjourned to December 13 for the Office of the Director of Public Prosecutions to determine whether he will face another trial.

Fakhreddine on the day of his arrest in 2021.

Upon the jury being discharged, Fakhreddine’s counsel Jennifer Layani Ellis asked Justice Lonergan to vary her client’s bail to reduce his reporting from five days a week to one.

“No, I reject that application,” Justice Lonergan said.

“Earlier this year I reviewed the material relevant to risks presented by the accused under the Bail Act when an application was made before me – I took the view he should continue to report in accordance with his conditions.”

Fakhreddine is currently subject to a strict curfew, and is only permitted to leave the house to work and attend prearranged medical or legal appointments.

Bernd Lehmann.

Ms Ellis also asked Justice Lonergan to vary Fakhreddine’s bail to allow him to go shopping unchaperoned and to work occasional night shifts as a concreter with a second company.

“That’s a very restrictive condition for someone who has been on bail for three years and still has not been convicted,” Ms Ellis said.

Justice Lonergan also rejected that application.

Fakhreddine’s counsel also sought a non-publication order over the trial’s outcome, in advance of another potential trial, and because Fakhreddine’s admission he had been intimate with Mr Lehmann would cause embarrassment to him because of his religion.

That request was also rejected by Justice Lonergan, who gave Ms Ellis until November 11 to file an affidavit in support of any future application.

An ODPP spokeswoman said the director’s office would consider the matter in accordance with our Prosecution Guidelines and determine the next steps.

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