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04 February 2025

Murder Charge Dropped Against Ilknur Caliskan After Sleep Disorder Defense

Prosecutors discontinue the case against the woman accused of stabbing her husband due to lack of evidence on intent.

Ilknur Caliskan, 47, is no longer facing murder charges after prosecutors officially dropped the case relating to the tragic stabbing of her husband, Serdar Caliskan, during what she claims was a sleep-related episode.

The incident occurred on September 30, 2023, during a camping trip near Clonbinane, about 90 kilometers north of Melbourne. The 50-year-old Serdar was discovered inside their vehicle with fatal wounds, triggering immediate emergency services intervention. Despite paramedics' attempts to save him, he was pronounced dead at the scene.

The case gained significant media attention and raised numerous legal questions revolving around the defense's argument of parasomnia—a condition characterized by abnormal behavior occurring during sleep, which can range from sleepwalking to more intense actions like night terrors and, as claimed by Caliskan's lawyers, potentially violent acts.

Caliskan was scheduled to stand trial for murder this coming March, but at a court hearing on Tuesday, prosecutor Daryl Brown informed the court of the decision to discontinue the case without providing specific reasons. During prior proceedings, it was evident the prosecution had grappled with whether they could prove Caliskan acted with intent and awareness during the stabbing.

According to her defense attorney, Daniel Sala, expert assessments suggested Caliskan may have been incapable of conscious thought at the time of the incident due to her sleep disorder. "An expert has been approached from NSW. The applicant needs to be asleep at his location. She really needs to attend upon the clinic to advance her defence," he stated during Caliskan's bail hearing last year.

Caliskan was initially charged after the incident, leading to her arrest – but following her release on bail, she was permitted to undergo extensive testing and studies relating to her sleeping patterns and behaviors. The results of these studies were pivotal, providing key evidence for her defense.

The analysis presented to the court included findings from both the defense and prosecution's experts, confirming the possibility of Caliskan acting involuntarily—challenging the notion of premeditated murder.

Addressing the legal quandary and the unique nature of this case, Brown concluded, "The Director of Public Prosecutions has determined the elements of murder could not be made out beyond reasonable doubt," underlining the substantial impact of expert testimony.

This unusual case has sparked discussions on the intersections of mental health, law, and justice, particularly concerning how sleep disorders are treated within the legal framework. It raises questions about the criteria employed when assessing culpability for violent actions committed under conditions of altered consciousness.

Following the court's decision, Ilknur Caliskan has been effectively declared free, having faced no prior criminal charges and heralded significant family support throughout the legal turmoil. The decision has garnered diverse reactions from both legal experts and individuals connected to the case, including members of Serdar Caliskan's family, who are reported to be assessing their options after the case's closure.

Caliskan did not attend the recent hearing, indicating her current stance and the legal team's strategic choice to avoid any unnecessary confrontations or public scrutiny. With her defense successfully establishing reasonable doubt concerning her awareness at the time of the incident, this case remains particularly noteworthy within the discussions of legal defenses relating to psychological states.

The developments highlight not only the complexity of the legal proceedings surrounding such cases but also cast light on the broader societal perspectives about mental health issues and accountability under the law.