THE sisters of man who died after being doused with petrol and set alight in 2009 cried in court yesterday as Wangaratta woman Kerry Anne McNiven admitted to killing him.
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McNiven, 44, was originally charged with the murder of Wangaratta resident Gary Stewart, 50, but that count was withdrawn so the defendant could plead guilty to manslaughter.
Mr Stewart suffered burns to 72?per cent of his body during the November 18 incident and died from his injuries several weeks later in Melbourne, on December 5.
Defence lawyer Nick Papas, SC, told the Wangaratta Supreme Court McNiven had doused her friend with petrol when others told her he had molested her following a heavy drinking session.
“Some days before (the dousing) the deceased was seen by witnesses to be touching Ms McNiven’s breasts,” Mr Papas said.
“Ms McNiven wasn’t aware of that because she was drunk.”
Mr Papas requested time for his client to be assessed by forensic psychologist Dr Danny Sullivan to determine if her actions had been affected by post-traumatic stress brought on by a previous sexual assault.
But he said his client may have to wait until October to get an appointment to see the psychologist.
Last year police told a committal hearing McNiven said she had been molested before “and wasn’t going to let someone do it again”.
The hearing heard witnesses had seen Mr Stewart being showered with a liquid before they turned around and saw he had become a human fireball.
Passer-by Graeme Cripps burnt his finger as he dragged the man to the river.
Police said McNiven had later told them “I torched him”.
Three of Mr Stewart’s sisters had travelled from Queensland for the trial, and quietly cried and comforted each at the court yesterday.
Their victim impact statements will be presented to
the court when McNiven’s pre-sentence hearing begins today.
The hearing will then continue at a later date to allow for a medical assessment.