Drug twist in murder case

A young woman charged with the murder of Marshall “Nick” Haritos had her case transferred to the drug court yesterday.

Diane Elise Syrch, 18, one of three people charged with the murder, and believed to have been the girlfriend of Mr Haritos, will be assessed by the court clinician.

The move was opposed by prosecutor Sergeant Peter Hales, who said Syrch did not fit the guidelines of the drug court.

In another development, police confirmed late last night that human remains found in Darwin’s rural area last week were those of Mr Haritos, who had been missing since July.

His family has arranged a funeral service for him this weekend.

Syrch’s lawyer, John Lawrence, said there would be a suggestion that there was a “drug relationship” to the charge and that could be addressed if Syrch’s case went before the drug court.

“This is not an easy route to bail,” Mr Lawrence said.

“This is a young woman with no convictions.

“We are seeking to have her case transferred to that court, which will press the button for an assessment.”

Mr Lawrence said the only way Syrch could get bail was through a proper bail hearing and overcoming the presumption the presumption against bail on a charge on a charge of murder.

“This young woman is not going to get a leg up by going to the (drug) court,” he said.

Mr Lawrence asked for an order to resume Syrch’s case in what is called the “credit court” on November 5.

Sergeant Hales, said the drug court was not, established by legislation.

The rules that had been applied were that people could be assessed for a rehabilitation program when they were going to plead guilty to charges, not including offences of violence. If assessed as suitable for a program they had to be granted bail to undertake it.

Sgt Hales said a magistrate could oversee an offender’s progress in a rehabilitation program and at the end of it hear the case.

“We say this defendant does not fit the criteria of the credit court, neither does the offence, whose resolution is way outside the discretion of a magistrate,” he said.

Magistrate Alasdair McGregor, granting the transfer, said the court might as well make use of the program and the clinician “and see if anything can come of it.”

The magistrate ordered Syrch appear before the ordinary court on November 10 along with co-accused Shane Patrick Thomas, 27, and Jeremiah Nicholas James Burns, 24.

Mr Haritos’s family has placed a funeral notice today, announcing a service will be held for him at St Mary’s Cathedral in Darwin at 4pm on Saturday.

Newshawk: http://www.napnt.org
Pubdate: 27th October 2004
Source: Northern Territory News
Author: Bob Watt
Website: http://www.ntnews.com.au
Email: ntnmail@ntn.newsltd.com.au
Copyright: 2004 Northern Territory News