Bateau Bay: Alleged arsonist Jacob Divola’s charges upgraded to murder
A man charged with setting fire to a Central Coast unit where the body of a 77-year-old woman was later found has now been charged with her murder. Find out what happened in court.
There is “significant evidence” linking a man accused of setting fire to an elderly woman’s unit to her alleged murder, a court has heard.
Jacob Mike Anthony Divola, 26, of Chittaway, was not required to appear via video link at Wyong Local Court on Tuesday where detectives laid an additional charge of murder.
Divola was charged with arson after emergency services were called to a unit on Melissa Close, Bateau Bay, about 9.30pm on August 24 following reports of a fire.
Tuggerah Lakes Police and Fires and Rescue NSW attended and found the body of Diane Harkess, 77, in the loungeroom of the single-level unit.
Police established a crime scene and commenced an investigation into the circumstances surrounding the incident.
Tuggerah Lakes Police District detectives established Strike Force Areegra to investigate the woman’s death, with assistance from the State Crime Command’s Homicide Squad.
Divola was arrested the following day and charged with damaging property by fire.
Police will allege in court Ms Harkess had suffered significant injuries and died at the location prior to the unit fire.
Following further inquiries, detectives laid an additional charge of murder on Divola in court where the Crown prosecutor sought a detention application.
The court heard Divola was already refused bail on a series of unrelated matters including entering dwelling with intent to steal, goods in custody, resisting and assaulting police, providing a false name to police and failing to wear a life jacket when crossing a coastal bar.
Charge sheets allege Divola tried to avoid arrest for those allegations by jumping into Tuggerah Lake and trying to swim away.
Divola’s Legal Aid lawyer told the court the new detention application was “not opposed” but foreshadowed her client’s mental “fitness may be an issue” when it came to face trial.
The Crown prosecutor also sought two forensic applications being a DNA test and an X-ray, which Divola’s lawyer opposed.
They were set down for mention on December 16 to fix a hearing.
After reading the alleged facts Magistrate Justin Peach said “it is a strong prosecution case”.
“There is significant evidence linking the defendant to that [murder] matter,” he said.
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Originally published as Bateau Bay: Alleged arsonist Jacob Divola’s charges upgraded to murder
