Kristie Merrett avoids custody over alleged drink-driving death of James Edds, 9

Police have made an application to revoke the bail of a woman who was allegedly nearly four times over the legal limit when she ploughed into another car, killing a nine-year-old boy.

Police applied in court for a detention application for Kristie Merrett after the death of James Edds, 9, who was killed following a crash at Killarney Vale. Picture: Supplied

Police have applied in court to revoke the bail of an alleged drink-driver involved in a fatal crash on the Central Coast.

Kristie Fiona Anne Merrett, of Bellingen on the Mid-North Coast, faced Gosford Local Court on Friday where the NSW Police lodged a detention application to revoke the 51-year-old’s bail.

The court heard Merrett was granted bail at Newcastle Local Court on January 5 — the day after the crash at Killarney Vale — where she was charged with seven offences including aggravated driving occasioning grievous bodily harm and driving under the influence of alcohol.

She was also charged with high range drink-driving, causing bodily harm by misconduct while in charge of a motor vehicle and possessing a prohibited drug.

The court heard in the days following that appearance the little boy, James Lachlan Edds, died from his horrific head injuries and three further charges against Merrett were laid including aggravated dangerous driving occasioning death and dangerous driving occasioning death while under the influence.

Kristie Merrett (left), 51, of Bellingen, outside Gosford Local Court, after being granted bail for dangerous driving occasioning the death of James Edds, 9, while under the influence. Picture: Richard Noone

The Crown prosecutor told the court Merrett’s bail determination had not been made in relation to the three additional charges and police were lodging a detention application to have her remanded in custody.

The prosecutor told the court Merrett had a mid-range drink-driving conviction in 2021 and while she had “a known alcohol problem” had not taken any steps to address it.

James Edds, age 9, who died after his car was hit by an alleged drunk driver on the Central Coast. Picture: GoFundMe

The Crown prosecutor told the court Merrett was a risk of committing further offences and it was “inevitable” that if she was convicted or found guilty of these offences she would receive a custodial sentence.

“It’s apparent she has clearly failed to give way,” she said.

“This is a very, very strong case.”

Merrett’s barrister AJ Karim told the court she had strong community ties and had completed a psychology degree at the University of New England.

He said her existing bail conditions already “equate to house arrest” and the risk of reoffending had not changed since she was first charged.

“There is no doubt this is a very sad, tragic matter,” he said.

“In my submission, there’s been no substantial change since when bail was granted.”

The court heard Merrett had on Friday been accepted into a residential alcohol rehabilitation program at Byron Bay.

Merrett’s black Lexus SUV (right) and the Toyota sedan she allegedly hit (left). Picture: NewsLocal

Magistrate Jennifer Price said the police facts indicated Merrett had made admissions to driving on the day and consuming a bottle of vodka the night before.

Magistrate Price said the facts stated Merrett had “ample time and a clear view” to give way at the intersection and avoid hitting the other car “if she had been paying attention”.

Magistrate Price said while there were risks of her committing further offences her driving record, which included complying with a three-month suspension after her mid-range drink-driving conviction in 2021, those risks were not insurmountable to being granted bail.

Police allege 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.

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

Merrett’s black Lexus SUV after the crash. Picture: NewsLocal

Young James and his mother, 42, were reportedly on their way to spend his Christmas money on new soccer boots to go with the ball Santa gave him when their Toyota sedan was allegedly struck by Merrett’s SUV.

James’ mother was treated at the scene for minor injuries while he was taken by ambulance to nearby EDSACC Oval where he was met by the Westpac Rescue Helicopter which flew him to John Hunter Children’s Hospital.

On Saturday, January 7, James tragically succumbed to his injuries and died three days after the crash.

Merrett’s bail, which includes conditions that she report to police three days a week, abstain from drugs and alcohol, and not occupy the driver’s seat of a car, was continued to face court again on March 24.

Outside court Merrett’s solicitor, leading Central Coast criminal lawyer Michelle Karim, offered a brief statement.

“This is obviously a tragic incident,” she said.

“We offer our condolences to all those involved. We will make no further comment until the court process is completed.”