Killarney Vale: Alleged fatal drink-driver Kristie Merrett varies bail to attend rehab

A drink-driver who allegedly killed a boy, 9, in a horror smash in January sought to vary her bail to attend rehabilitation. But the Crown opposed it because of `beach visits’ and ‘yoga’. Full details.

Kristie Merrett (left), 51, of Bellingen, outside Gosford Local Court, with her solicitor Michelle Karim (right). Picture: NewsLocal

A woman who was nearly four times over the legal limit when she allegedly ploughed into another car, killing a nine-year-old boy, has applied to vary her bail so she can attend residential rehabilitation.

Appearing via video link from her home at Bellingen on the state’s mid north coast Kristie Fiona Anne Merrett faced Gosford Local Court on Friday where her lawyers applied for the 51-year-old to attend The Buttery rehabilitation centre.

However the Crown prosecutor opposed the variation stating it was a “relaxing” of strict bail conditions because the rehab centre offered “yoga”, “beach visits” and other day trips.

Ms Merrett’s barrister, Georgia Lewer of Forbes Chambers, told the court her client was essentially under house arrest and would be under similar “quasi-custody” conditions in residential rehabilitation.

Police allege Ms Merrett was behind the wheel of a black Lexus SUV which allegedly failed to give way at the intersection of Mort St and George Evans Rd, Killarney Vale about 12.45pm on January 4, and collided with a Toyota sedan.

The aftermath of the crash at the intersection of Mort St and George Evans Rd, Killarney Vale. Picture: NewsLocal

Ms Merrett failed a roadside breath test and was taken to Gosford Police Station where she allegedly returned a blood alcohol reading of 0.197.

The female driver of the Toyota sedan, 42, was treated at the scene for minor injuries but her son, James Edds, 9, was trapped in the wreckage.

Driver Kristie Merrett.

James Edds, age 9, who died.

He was eventually freed and taken by road ambulance to a nearby oval where he was met by the Westpac Rescue Helicopter and flown to John Hunter Children’s Hospital.

Sadly, however, he died three days later as a result of his injuries.

Ms Lewer said the Crown unsuccessfully made a detention application in January where the court heard, despite Ms Merrett having a longstanding issue with alcohol abuse, she had done nothing to address it.

Ms Lewer said since then Ms Merrett had been “working diligently” to secure a bed in a residential rehabilitation program to deal with her addiction.

However the Crown prosecutor said the alleged offending was particularly “tragic” and entry to such a program would be considered a “relaxing” of the stringent bail conditions because The Buttery allowed beach visits, yoga and other “outings as a group”.

Magistrate Jennifer Price — who ruled against the Crown’s detention application in January — said while “it never looks good” when rehabilitation programs offered activities such as “basket weaving” the supervised conditions at The Buttery could be “more onerous” than her current bail.

Magistrate Price said she would grant the variation but include existing conditions that Ms Merrett can be subject to drug and alcohol testing at any time, must present to the front door if requested by police and report, by telephone, to Lismore Police Station weekly.

Ms Merrett’s matter was adjourned to April 21 for police to finalise the brief of evidence.