A man accused of stabbing a victim in the chest in a Berwick shopping centre may face more serious charges, a court has heard on 19 August.
Jikany Puoch, 29, has been charged with nine offences, including two counts of reckless conduct endangering death, over allegedly injuring the 24-year-old man as well as a 77-year-old man on Sunday 11 August.
Police applied for the matter to be uplifted to a higher court, in anticipation of possibly more serious charges and updates on the victim’s medical condition.
A police prosecutor told Dandenong Magistrates’ Court that the 24-year-old victim suffered a “close to fatal” injury.
According to charge sheets, the man was stabbed 5 millimetres from his heart.
If Puoch had allegedly used a “standard kitchen knife”, it would “almost certainly have caused death”.
To date, the victim remains in hospital, the court heard.
He underwent keyhole surgery for a grade-1 laceration to his liver. He’d also suffered a laceration to his stomach, a laceration to his diaphragm and a collapsed lung.
He may need further surgery for other unknown internal lacerations.
The victim – who is a rigger – had missed significant work and suffered PTSD after the incident, the prosecutor said.
In opposing the application, Puoch’s defence lawyer said the matter could be heard at the magistrates’ court.
She argued there was no charge that Puoch allegedly inflicted serious injury.
From the medical material submitted, it was not certain if the injury was substantial or life-threatening. Nor did it state the wound was 5 millimetres from the victim’s heart, she said.
The partially collapsed lung was a common complication after surgery, the lawyer argued.
Puoch had faced court for three previous driving matters, which didn’t involve violence, the lawyer told the court.
She added that the other victim was later discharged from hospital on the same day as the alleged assault.
A prosecutor said medical evidence of the victim’s injuries were of a “preliminary nature” and “uncertain” at this stage, with treatment “ongoing”.
He said there was an updated prosecution summary with “supporting medical material”.
“We anticipate the (more serious) charges will be laid to take it out of this jurisdiction.”
Magistrate Jacinta Studham questioned why the prosecution hadn’t yet laid more serious charges to justify moving to a higher court.
“Aren’t you jumping the gun?
“It would be a very clear-cut situation if the charges were laid.”
Given Puoch’s mental health issues and the current medical evidence, the magistrates’ court still had jurisdiction, Ms Studham ruled.
But that didn’t stop her uplifting the matter if more serious charges were laid, she said.
The matter was adjourned to allow prosecutors to gather updated medical material and decide upon the charges.
Puoch was remanded to appear at Dandenong Magistrates’ Court on Wednesday 21 August.
