Don’t tell, partner told friends

THE former partner of Kerry McNiven appealed to friends not to tell her she had been molested by Gary Stewart.

Three people saw Mr Stewart touching McNiven while she was in a drunken stupor the week before he suffered horrific burns near the Ovens River on November 18, 2009.

They told Ray Fleming, who warned them not to tell McNiven because it would make her upset and angry.

But one of the trio told McNiven and she attacked Mr Stewart a few hours later after an afternoon drinking session.

Justice Lex Lasry told McNiven he had taken into account the victim impact statements of Mr Stewart’s family members, who are based in Queensland.

“Each of those statements shows how much those people loved Gary Stewart,” he told McNiven.

“They will have to struggle with their pain for a long time.”

Justice Lasry acknowledged McNiven’s traumatic childhood, including a history of physical and sexual abuse at a very young age.

“Your heavy drinking started a long time ago … you were binge-drinking and not eating for long periods of time,” Justice Lasry said.

“This has probably had a bad effect on your brain.”

Justice Lasry said the big challenge for McNiven would be to stay away from alcohol upon her release from prison.

“From what I have read and been told, if you can stay away from alcohol when you are released, you have a good chance of making something good of the rest of your life,” he said.

“If you can’t, there will be more problems.

“You have had a difficult life and I think that since you have been in jail you have decided to try hard to make your life better.

“I also think you are very sorry for what you did.

“You still have plenty of life left and it is up to you to give yourself a better chance.”

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