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 Charges may be upgraded 

Charges may be upgraded

07 Dec, 2009 12:00 AM
DETECTIVES will consider upgrading a charge against a Wangaratta woman to murder after the man she allegedly doused with petrol and set on fire died in a Melbourne hospital on Saturday night.

Gary Stewart’s life support was turned off 17 days after the attack on the bank of the Ovens River, which left him with burns to 72 per cent of his body.

Doctors at The Alfred hospital had earlier this week advised his family, who had travelled from Queensland to be at his side, that Mr Stewart’s condition was not likely to improve.

His mother and three of his sisters made the decision to turn off his life support; he died about 6.30pm.

“They told us that everything was closing down and that he was just deteriorating really fast,” Mr Stewart’s sister, Irene, said yesterday.

“We went in and we said our goodbyes.”

Friends including Kylie Jarred, who had known Mr Stewart since she was a child, drove from Wangaratta to see him.

“He was already gone when they arrived,” Ms Stewart said.

A detective is expected to visit the family in Melbourne today to explain how the case against Kerry Anne McNiven will proceed.

She and Mr Stewart had been friends for some years but were not in a relationship.

The 42-year-old was charged with attempted murder after being arrested on the night of the attack, which occurred near the Templeton Street boat ramp in Wangaratta about 6.30pm on November 18.

McNiven, of no fixed address, has been remanded in custody until her next court appearance, which is listed for February 4.

But it is likely her charge will now be upgraded.

Ms Stewart said her family was keen for justice to be served.

Her brother, a disability pensioner, had lived at Wangaratta on and off for the past 25 years but called his sister, who lives in Cloncurry, near Mount Isa, regularly.

“He rang me every week, normally Friday nights or Saturday mornings,” Ms Stewart said.

“He used to give me race horse tips and we used to just talk about how we’re doing and everything else.”

Mr Stewart last visited his family, including his mother and other sisters who live in Mareeba, near Cairns, a few months ago.

Funeral arrangements have not yet been made but Ms Stewart said the service would be held in Queensland.

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l Det Sen-Constable Mark Hussey pictured last month surveying the scene of the alleged attack.
l Det Sen-Constable Mark Hussey pictured last month surveying the scene of the alleged attack.

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