Charge for Mia’s death

AC­CUSED MUR­DERER TO FACE COURT FOR KILLING UN­BORN GIRL

Mt Druitt - St Mary's Standard (East) - - NEWS - Ali­son Bald­ing

THE man ac­cused of killing his preg­nant part­ner Kir­ralee Paepaerei has been charged with an ex­tra of­fence re­lat­ing to the un­born baby.

Joshua Scott Ho­mann was charged with griev­ous bod­ily harm with in­tent while the mat­ter was heard in Pen­rith Lo­cal Court on Fri­day.

The 38-year-old re­mained in cus­tody and did not ap- pear be­fore the court. He had pre­vi­ously been charged with mur­der re­lat­ing to the death of Ms Paepaerei.

Mother of four Ms Paepaerei, 37, was preg­nant with a girl she was plan­ning to call Mia when she was al­legedly stabbed to death in the Mt Druitt unit she shared with Mr Ho­mann.

Po­lice pa­pers sub­mit­ted to the court al­lege Mr Ho­mann “did, with in­tent, cause griev­ous bod­ily harm, to wit, did de­stroy the foe­tus of Kir­ralee-Ann Paepaerei”.

Un­der NSW leg­is­la­tion, a per­son can­not be charged with mur­der for an un­born child’s death be­cause it would not have drawn breath be­fore be­ing killed.

“On the trial of a per­son for the mur­der of a child, such child shall be held to have been born alive if it has breathed, and has been wholly born into the world whether it has had an in­de­pen­dent cir­cu­la­tion or not,” a Depart­ment of Jus­tice spokesman said. “Un­der NSW law, some­one who de­stroys the foe­tus of a preg­nant woman can be charged with griev­ous bod­ily harm.”

The court pa­pers said Ms Paepaerei was four to five months preg­nant, not seven months as pre­vi­ously re­ported.

Court pa­pers in­cluded an or­der for foren­sic proce- dures to be car­ried out on Mr Ho­mann, which was lodged just hours af­ter Ms Paepaerei’s body was found by a fam­ily mem­ber.

The or­der gave po­lice the power to take blood sam­ples, skin swabs, fin­ger­nail clip­pings and com­plete full body pho­tograph­ing of Mr Ho­mann.

Mag­is­trate Brian Van Zuylen ad­journed the case to Novem­ber 20.

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