Geelong man acquitted of murdering his brother will face a retrial
A Geelong man was found not guilty of murdering his brother, but the jury failed to reach an unanimous verdict a charge of manslaughter, he will now face a retrial.
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A Geelong man who was acquitted of murdering his brother will face a retrial on manslaughter after a jury failed to reach a verdict on the lesser charge.
Haig Arslanian, 40, was found not guilty in the Victorian Supreme Court on Monday of murdering his younger brother David, 31, in the Whittington home they shared with their parents in October 2020.
But the jury failed to reach a unanimous verdict on the lesser charge of manslaughter, instead remaining silent when asked for their decision sitting before Justice Rita Incerti in Geelong.
“I’ve never had this happen before,” defence barrister Jarrod Williams said.
“Nor have I,” Justice Incerti added.
The jury was discharged after they were unable to come to a decision with a retrial on the manslaughter charge expected to begin in October.
During the trial, Haig did not deny fatally shooting his brother but argued it was an act of self-defence.
He claimed he feared for his safety after being strangled by his younger but more physically dominant sibling in the weeks prior to the shooting.
Prosecutor John Dickie contended the brothers’ relationship had deteriorated due to David’s gambling and drug use as well as the belief held by Haig that his sibling had stolen money from the family.
The court heard on the evening of the shooting, Haig had his head shoved through a mirror by David.
Haig then retrieved a shotgun from his father’s safe and shot David while the younger brother continued to taunt him, the jury was told.
It is expected Haig, who was remanded in custody after the jury failed to reach a verdict, will make an application for bail ahead of the retrial.
He will return to the Supreme Court for a directions hearing on September 16.
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