Accused stabber fled to Pakistan after police interview
But a decade later, police have been unable to charge the accused man as he fled to a country with no working extradition agreement.
Mohammad Soban Malik was arrested at the airport as he was about to board a plane to Pakistan, in October 2015, over the death of Sham Lal, Melbourne Coroners Court was told on Thursday.
He was interviewed and explained the 47-year-old had come to his home in Glenroy, Melbourne's north, on October 14 to purchase two phones for a friend.
Malik said he was unable to source the phones and went to his bedroom to find his own phone to sell. When he came back he claimed Mr Lal slashed his hand with a knife.
In response, Malik said he picked up a Swiss Army Knife from the couch,
He admitted he started "swinging the knife upward towards Sham" but was unable to say if he made contact with him, or how many times, counsel assisting Jess Syrjanen said.
Malik said Mr Lal left the house, but he feared he would return so he bandaged up an injury to his hand and went to Melbourne Airport as he had previously purchased a ticket to Pakistan.
Ms Syrjanen said police released Malik without charge, pending further investigation, and he boarded a plane to Pakistan a few weeks later on November 7 and never returned.
"Police have made attempts to contact Mr Malik in Islamabad where it is understood he is living," she told the court.
She said police had spoken to Malik's father, who had given some information on Malik's involvement in Mr Lal's death, and would be prepared to meet and provide a statement.
But a request by investigators to Victoria Police's senior command to travel overseas to conduct an interview with him, or Malik's housemate, has not been authorised.
"Although there is an extradition treaty between Australia and Pakistan signed on 16 March 2000, it has not yet entered into force," Ms Syrjanen said.
"Therefore, unless Mr Malik voluntarily returns to Australia, there are very limited options available to police to compel his return."
It is mandatory for Victorian coroners to hold an inquest if it is suspected a death was the result of homicide and no one has been charged over the death.
State Coroner John Cain on Thursday found Mr Lal had died on October 14, 2015, from knife wounds to his neck, chest and abdomen.
He said he was satisfied to the coronial standard of proof that Mr Lal's death was as a result of injuries sustained "in an altercation with Mr Malik".
Judge Cain said the court had written to Malik in English and Punjabi, via international post and email, to give him the opportunity to respond to the allegations against him.
He did not respond.
"Victoria Police noted that he has been difficult to engage with and communicate with during their nearly 10-year investigation," Judge Cain said.
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