Source : Perth Now news
A woman who killed her husband and scattered his dismembered remains across Sydney did so as part of a “survival mechanism” built around the years she spent suffering domestic violence at the hands of her victim, her defence lawyers said.
Nirmeen Noufl, 62, kept her head bowed for the entire length of proceedings at the NSW Supreme Court on Monday, as lawyers argued whether she had ever shown true remorse for the killing, which has been prosecuted as a single charge of manslaughter.
At some point between May 3 and May 4 in 2023, Ms Noufl used a sharp instrument to kill her husband Mahmoud Noufl during an altercation at their home in Greenacre, which she says made her fearful for her life.
According to witnesses previously heard in court, and statements provided by Ms Noufl, her husband had repeatedly perpetrated domestic violence against her throughout the course of the marriage, and was planning to leave his wife for another woman in Egypt.
Domestic Violence helplines
Days prior to the killing, Ms Noufl had asked her husband for a divorce over the infidelity, which he refused to undertake.
In the days following the incident, a person who cannot be identified due to legal reasons (Witness A) arrived at the home before taking an unknown number of garbage bags understood to be carrying the dismembered remains of Mr Noufl and dispersing them across Sydney.
The remains have never been found.
On Monday, Ms Noufl’s defence lawyer argued against the idea his client had never shown remorse or acted unreasonably following the killing, saying she was operating within a “survival mechanism” developed over years of abuse at the hands of both Mr Noufl and during her youth by her parents.
“The actions that Ms Noufl took in relation to the body of the deceased were taken years ago now, at a point in time where it is accepted on the basis of the plea that she was acting in excessive self defence,” he argued.
“There was a survival mechanism which tends to grow in survivors of abuse.”
Ms Noufl’s lawyer said Witness A had observed her “whispering to herself” and “saying prayers in Arabic in the wrong order” following the killing.
“It was in that point in time and that set of circumstances that she carried out the actions that she did in terms of the body.”
Prosecutor Bill Neill SC pushed back, saying Ms Noufl had “demonstrated not the slightest bit of remorse” until more recent interactions with family, only after realising the tangible impact the killing had on her relatives.
“There is very little in the way of evidence that this offender has taken responsibility for what she has done,” he said.
“The actions of the offender immediately afterwards and right the way through until very recently …. removes any demonstration by this defendant of her remorse.
“It has to be remembered that not only did she deal with the remains of Mr Noufl, but she also, in a very short time after killing him, co-opted witness A into (assisting with the disposal of Mr Noufl’s remains.”
Mr Neill said the sentencing of Ms Noufl would likely generate “very real public policy consideration” about how the community views the treatment of deceased people after they have died.
He drew attention to one particular victim impact statement written by Mr Noufl’s nephew Khaled, who spoke of the angst of not having a grave to mourn at.
“We have no resting place for him. We have no grave to visit, no soil to touch, and no place to lay flowers or recite our prayers over his body,” Khaled said.
“Knowing that his remains are lost, denied the sacred dignity of a proper burial, is a silent, unending torment that will haunt us for the rest of our days.”
“The way his life was brutally ended, and the horrific cruelty that followed, has torn our souls apart.”
Ms Noufl’s face remained obscured by a dark-coloured headscarf as a relative, who cannot be identified, said the mother-of-eight had repeatedly apologised to family members for the angst caused by the killing.
“She can’t hold back her tears when she sees me, she looks on the floor. It usually takes a moment for her to gather herself and be able to speak again and gather her emotions,” the relative said while under cross-examination.
“During visits in jail, she has been very emotional and she specifically has held her face in her hands and apologised to me.
“She has explicitly said that she wishes this never happened.”
Ms Noufl was initially charged with murder, and was expected to stand trial in the NSW Supreme Court last month after pleading not guilty, but she was allowed to plead guilty to a lesser charge of manslaughter.
Ms Noufl will be sentenced on Friday.
