A Geelong man accused of murdering his younger brother has been found not guilty by a jury.
Haig Arslanian, 40, was acquitted on the charge of murder in the Victorian Supreme Court on Monday but will remain on remand until the jury reaches a decision on the lesser charge of manslaughter.
Mr Arslanian fired two shots into his younger brother David, 31 at the time, at their home on October 5, 2020.
He argued throughout the trial the shots were fired in self-defence.
The police case, led by prosecutor John Dickie, argued the brothers’ relationship had deteriorated substantially due to David’s gambling and drug use as well as the belief held by Haig that David had stolen money from the family.
But Haig argued throughout the trial that the shots were fired only because he feared for his own safety, and in the weeks prior to the shooting he had been strangled by his younger but physically dominant younger brother.
On the evening in question Haig, after having had his head shoved through a mirror by David, took possession of a shotgun from his father’s safe, the court was told.
Haig fired the fatal shots at his younger brother only when the latter continued to taunt him, the court was told at the beginning of the trial.
The verdict itself was not delivered without drama.
When the jury returned shortly after 2pm and announced a verdict of “not guilty,” they were asked by Justice Rita Incerti’s clerk what their decision was on the charge of manslaughter.
But rather than returning a verdict, the court, sitting in Geelong, remained silent to the evident confusion of Ms Incerti and the lawyers.
“I’ve never had this happen before,” defence lawyer Jarrod Williams said.
“Nor have I,” Ms Incerti added.
The court will return at a date yet to be fixed in order for the jury to return a verdict on the manslaughter charge.
