Charge for Mia’s death
ACCUSED MURDERER TO FACE COURT FOR KILLING UNBORN GIRL
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.