09/11/2012 10:17 EDT | Updated 09/11/2012 11:44 EDT

Trial Begins For Man Charged With Stabbing Intruder


The trial of a Toronto man charged with aggravated assault after stabbing a man who broke into his house began Tuesday.

In July 2011 Moses Mahilal, 29, and his girlfriend Sarah Walsh returned to their home near Keele Street and Eglinton Avenue West at 3 a.m. to find their door ajar and an unfamiliar pair of shoes on the floor.

On his way upstairs to search the house, Mahilal grabbed a knife.

The couple discovered Kino Johnson, 33, in Walsh's mother's upstairs bedroom. A struggle ensued and Johnson was stabbed.

Johnson was later convicted of breaking and entering and is in prison. Mahilal, meanwhile, was charged with aggravated assault.

'I should be able to defend myself'

Mahilal says he used the knife in self-defence and can’t believe he’s now facing charges.

"It's so surreal that I'm actually sitting in court for this,” he said Tuesday. "I should be able to defend myself in my own home where I sleep."

Walsh can't understand how the justice system could penalize her boyfriend.

"He saved my life, he saved my mother's life,” she said. “It was a very frightening experience. It disgusts me. I can't believe this is what transpires in Canada."

If convicted, Mahilal could face up to 14 years in prison.

A date for the trial will be set Oct. 25 in Ontario Superior Court.