A man facing 22 domestic violence offences after being found in an apartment with his partner's body should not be denied bail just because a murder charge could be brought against him, a judge has said.
Danny Zayat, 28, allegedly choked, assaulted, stalked and intimidated Tatiana Dokhotaru for two years before she was found dead in her Liverpool apartment on May 27.
Although he was arrested at the scene after being found with Ms Dokhotaru's body, police are still investigating the cause of her death and Zayat has not been charged with murder.
The pair were in a relationship for five years, but in May 2022, Ms Dokhotaru took out an apprehended violence order against her husband.
On May 26, Zayat allegedly smashed his wife's television, causing her to ring triple zero.
"He's bashing me," she said to the operator.
Police weren't able to locate where the call was coming from, and Ms Dokhotaru was found dead that Saturday.
In a bail hearing in the NSW Supreme Court on Thursday, Justice Helen Wilson noted the Colyton man could face more serious allegations.
"That's the elephant in the room, isn't it? Is he going to be charged with murder?" she asked.
However, the judge said any bail application would have to be considered on the domestic violence allegations only and not a hypothetical future charge.
"It's not for this court ... to remand someone so he's available to be charged with murder at some later stage," she said.
Zayat was previously denied bail at Liverpool Local Court and escalated his bid to the Supreme Court.
His barrister Ertunc Ozen SC conceded on Thursday the couple had a turbulent and toxic relationship, but said Zayat had been heard running through the hallway of the Liverpool block shouting "help me" around the time of Ms Dokhotaru's death.
"I got into an argument with her because she is on heavy medication and when I came back, I found her like that," he told a neighbour.
Zayat called triple zero with police observing him in extreme distress when they arrived, the barrister said.
Mr Ozen said Ms Dokhotaru was dependent on the painkiller OxyContin, the abuse of which could have serious respiratory effects and the results of toxicology and pathology reports were needed.
The crown prosecutor rejected this as a mere assertion, saying there was no evidence of any intoxication or addiction.
Justice Wilson granted bail after acknowledging Zayat had no prior criminal history and there was no risk to the community.
Amongst the domestic violence allegations, Zayat is accused of dragging Ms Dokhotaru by the hair, punching and choking her, pushing her down the stairs while she was pregnant and threatening to kill her.
"My ex almost killed me yesterday," she said to one alleged witness.
Zayat's bail conditions include that he reside with his mother in Colyton, report to police daily and be subject to a nightly curfew.
His mother will also hand over $20,000 which will be forfeited if Zayat fails to appear before the court.
His matter will next come before Campbelltown Local Court on August 8.
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