Text messages sent by a man accused of murder to his former partner weeks prior to her death are being presented in court as evidence that contradicts claims he intended to fatally assault her, the jury has heard.
Tatiana “Tanya” Dokhotaru was found dead in her 22nd-floor apartment in southwest Sydney on the night of May 26, 2023.
The 34-year-old’s death is at the center of a trial in the NSW Supreme Court, where her ex-boyfriend, Danny Zayat, faces charges of murder, to which he has pleaded not guilty.
In court, Zayat’s defense attorney argued that his client’s messages in the weeks leading up to Dokhotaru’s death demonstrate his feelings of love and care for her, despite the turbulent and troubled nature of their relationship.
In a message sent on May 6, Zayat wrote, “I really wish things could have been different between us, but I’m messed up… I don’t want to continue to drag you down with me like I have been.”
He continued, “You will always be my first proper love, and I don’t think I could ever love anyone else like I love you.”
In another text exchange, days later, read in court, he called Dokhotaru “perfect” and told her: “Our souls belong together”.
He had been staying with her and their relationship was better than it had previously been, Zayat’s barrister, Madeleine Avenell SC, told the court.
“I’d suggest that at a minimum, these messages, the way they reflect the true love Zayat has for Dokhotaru, at least would raise a doubt as to intent as well as his conduct,” she said.
The 30-year-old is accused of inflicting one or more blows to Dokhotaru’s head, possibly in combination with a push that caused her to fall.
Avenell argued there was a reasonable possibility her fatal brain injury might have been a result of accidents rather than three injuries deliberately inflicted by Zayat.
The moderate force of the impacts was inconsistent with a strong, muscular man in a rage who wanted to seriously hurt or kill a smaller woman, she told the jury.
“This is not a bare space apartment. There are real obstacles and real hazards around ⦠that a person could easily trip over,” she said.
A toxicologist concluded a combination of substances in Dokhotaru’s system could have induced drowsiness, reduced coordination and a lowered ability to protect herself from injury.
Zayat has denied physically abusing Dokhotaru during their relationship, telling police she had been “off her head on drugs” days before her death when she “smashed her head” on the kitchen bench.
His lawyer said the 30-year-old was “extremely distressed” when he found his ex’s body the day after her death, crying as he did chest compressions while on the phone to triple zero.
“This kind of response is not consistent with a person who acted with an intent to cause grievous harm,” Avenell said.
Dokhotaru made an 89-second call to triple zero shortly before her death, the jury was told.
“Yes, hi. My ex-boyfriend’s here and he’s trying to kill me,” she told the operator before the call was cut off.
In her closing remarks, Avenell urged jurors to be wary of the prosecutor’s “tendency to put a nefarious spin on everything Zayat did” and to consider the evidence carefully.
The jury is expected to retire to begin deliberations tomorrow.
