An accused murderer has been freed on bail to be assessed for a sleep disorder in her defence against a charge of killing her husband.
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Ilknur Caliskan is being tried after allegedly stabbing her husband to death.
The man was found with stab wounds inside a car at Colbinane, north of Melbourne, about 11.30pm on September 30, 2023.
Paramedics tried to save the 50-year-old, but he died at the scene.
Caliskan's defence team applied for her to be released on bail before the trial to help them explore parasomnia as a defence, the Supreme Court was told on Wednesday.
Parasomnia is another term for a sleep disorder, which can include sleepwalking and sleep terrors.
Caliskan's barrister Daniel Sala said his client needed to be released from prison to allow her to go to Sydney to participate in a sleep study with an expert.
"If he is to put his name to an opinion, it needs to be done in a way he is comfortable, he advises that has to happen in his facility," he told the court.
The prosecution did not oppose bail as they found she was entitled to explore a sleep expert for her defence.
"The defence is not unheard of, but it is not one that regularly comes before these courts," prosecutor Nadia Deltondo said.
"It may be different if there was an abundance of experts but, having done research, the fact is there is not."
Justice Rita Incerti agreed to grant Caliskan bail to allow her to have a sleep assessment and report prepared, as it "sits at the heart" of her defence.
"It is certainly your right to be able to properly prepare your defence and this is an unusual case, this sort of issue doesn't arise often," she said.
"I am going to bail you, you are going home today."
Caliskan must report to police three times a week and cannot leave Victoria, other than to participate in the sleep study.
She will return to court on May 2.
Australian Associated Press
