Stabbed, beaten: What killed a grandma and why police want to X-ray her grandson’s hands
A man allegedly stabbed and bashed his grandmother to death before stealing a kayak the following day and leading police on a wild-goose chase, a court has heard.
New details have emerged about the murder of 77-year-old Diane Harkess after police applied for a court order to X-ray her grandson’s hands.
Jacob Mike-Anthony Divola, 26, of Wyong, was not required to appear via video-link when his matter was mentioned at Wyong Local Court on Tuesday.
Divola, who had been charged with setting fire to his grandmother’s Bateau Bay unit, had his charges upgraded to include murder.
On Tuesday police applied for two forensic procedures including a DNA swab and X-rays of Divola’s hands.
In their application, tendered in court, Tuggerah Lakes detectives state Ms Harkess’ body was found with significant injuries unrelated to a fire.
“The forensic pathologist has located 15 stab wounds to the deceased, they have also identified significant blunt force trauma to the head, she suffered a broken jaw with bilateral fractures, broken orbital socket, fractured skull and 12 snapped ribs,” the application states.
“At the time of arrest the suspect had swollen hands that were instantly noticed by investigators.”
“Police assert that due to the victim’s significant blunt force injuries to her face, the suspect has used his fists to inflict these injuries to the victim, possibly causing fractures to his hands, resulting in the swelling.”
The application states the value of the evidence could be lost if there was a delay in obtaining the X-rays.
Police allege Divola visited his grandmother’s unit about 7.20pm on August 23, with Ms Harkess sending her daughter — Divola’s mum — a text saying he had stopped in and grabbed some clothes.
Later that night neighbours reported hearing a struggle coming from Ms Harkess’ unit and later the smell of smoke.
About 1pm the following day, on August 24, Divola was spotted in the yards of waterfront homes on Geoffrey Rd, Chittaway Point, before he allegedly stole a yellow kayak and an oar from a garage and dragged it into Ourimbah Creek.
Police were called and saw Divola paddling in the creek but he refused their request to come ashore and instead paddled towards Tuggerah Lake.
With the assistance of Marine Rescue NSW, officers conducted a search of the lake and eventually found Divola paddling near the southern end of The Entrance Bridge towards the channel about 3pm.
According to court documents, police attempted to stop Divola but he continued to paddle away “refusing to believe he was being given directions”.
Police pulled up alongside Divola and dragged him onto Marine Rescue’s vessel where he allegedly resisted arrest and tried to bite two officers.
He was arrested and charged with enter dwelling with intent, hindering and assaulting police, possessing stolen goods, stating a false name to police and not wearing a life jacket while crossing a coastal bar.
In addition to his swollen hands, police also noticed blood stains and soot on his clothes, which smelled of smoke.
Unbeknown to police at the time, Ms Harkess was lying dead in the living room of her unit with a 12cm knife and a photo of Divola on the floor nearby.
According to the police forensic procedure application, when Divola’s brother couldn’t reach his grandmother on the phone he went around to her unit about 9pm where he discovered her body and the partially-burned unit.
Divola’s Legal Aid lawyer has opposed the applications and the matter returns to court on December 16.
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Originally published as Stabbed, beaten: What killed a grandma and why police want to X-ray her grandson’s hands
