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It’s ‘manifestly excessive’

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THE former St John’s Village employee serving up to five years in jail for stealing $1.5 million from the aged care facility has appealed the severity of her sentence.

Former Yarrawonga woman, Coral Dyason, 47, has been in custody since October last year when she was sentenced to a five-year jail term, with a minimum of three years, after pleading guilty in the Wangaratta County Court to seven counts of obtaining property by deception.

Barrister, Michael O’Connell SC, told the Court of Appeal in Wangaratta yesterday that the sentence was “manifestly excessive”.

Dyason took the money over a six-year period between July 2004 and November 2010.

She stole cash paid by residents, after recording the payment in the system, plus transferred money to her credit card accounts and 47 false bank accounts.

The fraud was finally discovered on November 26, 2010, when Westpac Bank called the St John’s chief executive officer to authorise a larger than normal transaction of $46,000.

The Justices reserved their decision for a later date.


APPEAL TRIPLES JAIL TIME

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A COURT has tripled the jail sentence of the Whitfield man serving time for stabbing a drinking buddy 27 times.

Jonathan Kemp, 49, will now spend up to six years in custody, with a non-parole period of three and a half years, after he was resentenced in the Court of Appeal at Wangaratta yesterday.

Barrister for the Director of Public Prosecutions, Brendan Kissane QC, said the sentence handed down in the Supreme Court of two years’ jail plus an 18-month Community Corrections Order (CCO) was “manifestly inadequate” for such a serious case of intentionally causing serious injury.

Kemp was armed with a knife when he went to the home of the victim, Trevor Grimshaw, on the morning of August 27, 2013, after they had been drinking at a friend’s house the previous night.

He grabbed Mr Grimshaw from behind and stabbed him repeatedly, grabbing a second pairing knife from the kitchen after the victim managed to twist the first one out of his hand.

“The words ‘you’re dead dog’ clearly indicated the intention of the offender,” Mr Kissane said.

“It involved 27 stab wounds, the victim was left hurt in his home.”

Elderly the ‘real vicitms’

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THE appeal of a former St John’s Village employee who stole $1.5 million from the aged care facility has been thrown out by the Court of Appeal.

Former Yarrawonga woman, Coral Dyason, 47, had tried to argue the five-year jail term, with a minimum of three years, was “manifestly excessive” and the Supreme Court judge made in error in how much the fraud affected St John’s residents.

Dyason took the money over a six-year period between July 2004 and November 2010.

She stole cash paid by residents, after recording the payment in the system, plus transferred money to her credit card accounts and 47 false bank accounts.

The fraud was finally discovered on November 26, 2010, when Westpac Bank called the St John’s chief executive officer to authorise a larger than normal transaction of $46,000.

Dyason has been in custody since October last year after pleading guilty in the Wangaratta County Court to seven counts of obtaining property by deception.

Barrister, Michael O’Connell SC, told the Court of Appeal in Wangaratta last week that St John’s Village made no claim that the deception hurt elderly residents living there at the time.

The Court of Appeal judgement, released by the court yesterday, backed the original judge’s statement that “elderly people in our community had been the real victims because St John’s Village would have been able to provide assistance to such people with the stolen money”.

Drugs, alcohol had a role in violence

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IT was an extended family member who first gave David Johnson the drug ice as a way to lose weight.

Years later, his weight is the least of his worries as his addiction to drugs and alcohol has led to run-ins with police, numerous domestic violence incidents against his partner, and a serious assault that left the victim with a fractured eye socket.

Johnson, 34, of Williams Road, Wangaratta, has been in custody for seven months and is facing an even longer period in jail after he appeared in the Wangaratta County Court yesterday to plead guilty to aggravated burglary, recklessly causing injury and breaching an intervention order.

The court heard Johnson believed the victim was in a relationship with his ex-partner so after a night of drinking with friends on November 17, he texted him “you’re a f***ing dead man”.

Crown prosecutor, Andrew Moore, said the victim was woken by banging at his Cavanagh Street home at 12.30am and found his attacker at the doorstep.

He said Johnson pushed open the security door and barged inside, then the fight continued outside in the front yard.

One of Johnson’s punches struck the victim in the face, fracturing his eye socket in an injury that required surgery in Melbourne to insert a plate in the victim’s face.

Brave rape victim

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ALONE and overpowered by a rapist who was 30 years younger, a terrified 90 year old Wangaratta woman still managed to give her attacker a piece of her mind.

Garry Gray had broken into the woman’s Murdoch Road home at about 4am on February 5, 2013, pinned her down by her wrists, pushed his hand on her mouth to stop her screaming, told her to “shut up bitch”, then digitally raped her.

“How would you feel if someone did this to your mother?” the victim said to him.

When he let her go, she grabbed his arm and walked him out of the house.

The woman immediately tried to call 000, but could not get through – the first of many delays in a case that has taken more than two years to finally get to pleas of guilty in court.

Gray, now 62, has been in custody since the day of the attack and appeared in the Wangaratta County Court yesterday to face charges of rape and aggravated burglary.

The victim again summoned the strength to sit in court for the hearing, facing forward in the front row so she did not have to lay eyes on Gray, who was secured in custody in the dock 10 metres behind her.

Alleged dealers front court

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THE who’s who of alleged drug dealers in Wangaratta were called into court one by one on Thursday as the case of their multi-million dollar ice syndicate took the next step.

The Wangaratta Magistrates’ Court heard the cases of 32 of the 44 accused, who police say contributed to a drug ring worth in excess of $2 million between January and September 2014.

They were all adjourned until later this year, with the court planning a five-day committal hearing starting on November 30 for the accused who want to challenge their charges, while those who eventually plead guilty will be heard in the Wangaratta County Court, also later in the year.

Crown prosecutor, Max Perry, said four of the accused had so far committed to contesting the charges in November.

“I think we’ll have a couple of vigorously contested committals,” he said.

The court heard there will be at least 10 witnesses, with the possibility of more once some accused plead guilty.

Teen faces court over bomb hoax

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A FAKE device made to look like a bomb sent a scare through a local household and police, all because two teenage boys were bored, a court has heard.

A 17 year old appeared in a North East Children’s Court this week to plead guilty to creating a bomb hoax, after his co-offender had already had his probation extended by three months as a punishment.

The court heard a suspicious package had been thrown onto the porch of a house and discovered at about 12.30pm on April 8.

The police prosecutor said it consisted of a drink bottle with condensation inside and red, white and blue wires connected to what appeared to be a battery and keypad.

“The victim noticed the package when she went to check her mail,” the prosecutor said.

“She was very fearful of the article and thought it was a bomb.”

The case was adjourned for the 17 year old to face his victim in a group conference.

Deer hunter’s expensive trip

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A HUNTER who illegally spotlighted deer near Wangaratta last March has been ordered to forfeit his hunting gear and pay a $2500 fine.

Game Management Authority (GMA) chief executive officer, Greg Hyams, said the man had breached a deer hunting and firearm offences in recognised deer habitat, leading for police charges heard at the Sunshine Magistrates Court.

“GMA officers and Victoria Police approached the man during a routine patrol after he was observed shining a red spotlight from the driver’s window of his car while parked in the middle of the road,” Mr Hyams said.

“On closer inspection, officers found the man in possession of a loaded high powered rifle with a torch attached to the scope, a red filtered spotlight, ammunition, hunting knives and a freshly decapitated sambar deer head.

It is an offence to carry spotlights and unsecured firearms in recognised deer habitats 30 minutes after sunset and 30 minutes before sunrise.

Mr Hyams said GMA and police would continue to target hunters who illegally spotlight deer on public land and roads at night.

“Hunters are generally a law-abiding group, however there are some who choose to do the wrong thing and those who choose to break the law will be prosecuted, may have their equipment confiscated and may lose their Game and Firearms Licences,” he said.

“GMA strongly encourages hunters and the broader public to report hunters doing the wrong thing by calling the customer service centre on 136 186 or the Victoria Police.”


Drug accused refused bail

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AN alleged drug dealer in a Wangaratta drug syndicate has been refused bail after accusations he was a “significant participant” in the Melbourne Remand Centre (MRC) riots on June 30.

Jamie Robinson, 29, had been residing in residential drug rehabilitation since the Supreme Court of Appeal granted him bail in March, but he breached conditions and was placed back into custody in April.

He appeared in the Wangaratta Magistrates’ Court on Friday looking for another chance.

Senior Constable Craig Robinson told the court that MRC prison intelligence reports allege Jamie Robinson has been smuggling in tobacco and harassing other prisoners, and is facing charges in the future over his alleged role in the riots that caused significant damage to the prison.

“Mr Robinson has been identified as a significant participant of the riots,” he told the court.

Solicitor, Zarah Garde-Wilson, said prisoners had ripped the door from Robinson’s cell when the riot started, then when he was moved to another holding cell, prisoners removed that door as well.

She said when security returned 10 hours later they found Robinson inside his open cell.

He is now on 23-hour lockdown with no family visits and only one phone call allowed per day.

No bail for drug accused

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A LIFE on the run from the law that lasted 12 months finally ended when a team of police, with the help of a tracker dog, arrested an alleged drug dealer at his parents’ Winton farm.

Travis Newey, 30, was one of 13 people arrested by Wangaratta police in last week’s drug raids and appeared in the Wangaratta Magistrates’ Court yesterday to apply for bail – but the court was not about to let him free again.

He is facing 26 charges including conspiracy to traffick methamphetamines, burglary and firearms offences.

Detective Leading Senior Constable Jason Bray, of the Wangaratta Criminal Investigation Unit, said police allegedly seized $80,000 worth of stolen firearms and other goods from Newey’s home during the original Operation Juliet raids in September 2014.

He said the five guns seized included some that were allegedly loaded and unsecured on the property, including one identified as stolen from a Lurg property.

The court heard many of the other stolen items were linked to burglaries across the North East between February and September 2014, including $3400 worth of insulation from Wangaratta’s TAFE Equine Centre, a $5200 cattle crush from a Greta West property, and 500 litres of fuel from Mawsons Glenrowan Quarry.

Police also seized alleged drug ledgers, a money counter, scales and a cutting agent.

Man remanded in custody

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THE man who allegedly caused $30,000 worth of damage at Greta Valley Primary School was refused bail on Monday.

Trevor Grembecki, of no fixed address, faced the Wangaratta Magistrates’ Court after being released from an involuntary stay at Wangaratta’s psychiatric inpatient facility, Kerferd Unit, earlier in the day.

Grembecki was arrested and interviewed by police after his release and conveyed to court to face charges of aggravated burglary, reckless conduct likely to endanger persons and two charges of criminal damage.

Police allege the accused caused around $15,000 worth of damage to three staff cars at the primary school on Monday, August 31 by smashing them with an iron bar.

He is then said to have thrown rocks at the school as well as smashing windows and doors, causing another $15,000 worth of damage, totalling $30,000, not $3000 as originally estimated.

Police also allege that Grembecki smashed up his own silver-coloured 1995 Holden Commodore wagon with an unknown instrument before walking the four kilometres to the primary school.

MURDER CHARGE

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MILDURA man Bowe Maddigan, 29, faced Wangaratta Magistrates Court yesterday charged with the murder and rape of 11 year old Wangaratta girl Zoe Buttigieg.

She was found dead in her Inchbold Street home at 10.55am last Sunday.

Maddigan, wearing a white unironed shirt, black trousers and sporting a beard, sat in the courtroom dock between armed police.

A large number of police were present outside the courtroom and attendees to the hearing were scanned by a metal detector before entry.

Maddigan only made eye contact with Magistrate Stella Stuthridge and his solicitor Joseph Battiato during his appearance.

He was charged with one count of murder, one count of sexual penetration, and one count of wilfully commit an indecent act.

Magistrate Stuthridge suppressed some of the charge information on the grounds of respect for the family of the deceased.

Police prosecutor Leading Senior Constable Heath Dosser confirmed to Magistrate Stuthridge that he was satisfied the defendant was a relevant suspect on reasonable grounds; and he believed on reasonable grounds that the person had committed the offences.

Ld Snr Const Dosser also stated there were no alcohol or drug issues with the accused.

This post is part of the thread: Inchbold Street homicide – an ongoing story on this site. View the thread timeline for more context on this post.

Behind bars for burglaries

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A WANGARATTA man has been sentenced to two years imprisonment over a spate of burglaries at businesses and private residences in the city last month.

Thomas Evans, 29, appeared before Wangaratta Magistrate John O’Callaghan on Wednesday, and was told he must serve a minimum of 12 months before being eligible for parole.

Magistrate O’Callaghan told the qualified chef the local community won’t put up with such crimes, which “terrify people”, and place a financial burden on businesses doing it tough.

He noted at least one of the victims was a former employer.

Mr O’Callaghan said he must also be careful not to impose a “crushing sentence” because he needed to be conscious of the person Evans would be when he left prison.

He accepted defence counsel Geoff Clancy’s plea that Evans, while having a criminal history, had no prior offences for burglaries.

Mr Clancy said the burglaries were committed out of desperation and fear, to repay drug debts incurred through his client’s ice addiction.

Man charged with attempted murder to face committal hearing next year

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A MAN charged with attempted murder has been remanded in custody and will face a committal mention at Wangaratta Magistrates Court in April next year.

Police allege Charan Hannarong, 38, a Thai national, stabbed a female victim in the chest at a house in Peechelba on Saturday, November 21 and also inflicted chest wounds on himself.

Hannarong and the female victim were allegedly dropped off separately to Wangaratta District Base Hospital’s emergency department about 7pm that evening by unknown drivers.

Hannarong was released from hospital on Friday, where he had been under police guard, and taken into custody.

The female victim remains at the Alfred Hospital in a stable condition after being airlifted there for surgery.

Hannarong is charged with attempted murder, intentionally cause serious injury and assault related charges.

This post is part of the thread: Wangaratta Stabbing – an ongoing story on this site. View the thread timeline for more context on this post.

Drug ringleader pleads guilty

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THE second of the two co-accused ringleaders of a multimillion dollar drug syndicate out of Wangaratta has pleaded guilty to her alleged involvement.

Jessica Short, 25, appeared in the Wangaratta Magistrates’ Court before magistrate Ian Watkins on Wednesday and pleaded guilty to five charges, including trafficking methylamphetamine and possessing a prohibited weapon.

Short was initially facing some 23 charges but had a number of her charges struck out.

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THE boyfriend of the alleged co-ringleader of a multi-million dollar ice syndicate in Wangaratta will serve jail time for his involvement in the drug operation.

Mark Seymour, 26, was yesterday sentenced to nine months jail for trafficking methylamphetamine, and other related charges for his distribution and use of the drug ice in 2014.

Appearing in custody at Wangaratta Magistrates’ Court, Seymour also faced charges for breaching a community corrections order from a previous matter.

 


Major player in drug syndicate pleads guilty

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THE major player in an alleged multimillion-dollar drug syndicate running out of Wangaratta between 2010 and 2014 has had her matters heard at the Melbourne County Court this week.

The alleged ringleader, Jessica Fogarty, 26, pleaded guilty on Monday to trafficking a commercial quantity of methylamphetamines and trafficking cocaine.

The court heard evidence from phone intercepts conducted by police before the syndicate was brought down in September 2014.

It is alleged Fogarty, a mother of one, and her boyfriend Matthew Tymms, 24, who is pleading not guilty, ran the syndicate with Jessica Short, 25, who is charged with trafficking methylampthetamines, employing more than 50 dealers and using properties in Wangaratta as safe houses.

Fogarty’s plea was completed on Monday and she was remanded in custody- where she has already spent some 15 months – for sentence in February, which is expected to include lengthy jail time.

Meanwhile, David Rose’s charges, including trafficking methylamphetamines, were also adjourned for a plea to a date to be fixed, while Ozkan Ciftci’s plea hearing in relation to his trafficking methylamphetamines and other charges is listed for today and Jarrod Vincent is expected to have his plea for trafficking methylamphetamines and other charges heard on Friday.

Man given a chance to avoid jail sentence

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A WANGARATTA man who created a homemade explosive device has been given a chance to avoid jail.

Todd Sturzaker, 22, faced Wangaratta Magistrates’ Court this week on drug and explosives charges, relating to a raid at his Flanagan Street home in August last year.

Police prosecutor Leading Senior Constable Heath Dosser said officers found cannabis, methamphetamine, empty gel capsules, unidentified blue pills, and 88 grams of the naturally occurring product MSM, which can be used as a cutting agent for methamphetamine, during the raid.

He said during the search inside the house, police discovered a five-inch “improvised explosive device (IED)”, filled with black gunpowder, and evacuated the premises.

Ld Sen Const Dosser said the bomb squad attended and detonated the device in the backyard, with a forensic report tendered in court saying the IED was “capable of causing injury and minor damage to property”.

The court heard charges stemming from the raid also meant Sturzaker had breached a previous community corrections order (CCO) for drug related offences.

Defence barrister Alison Vaughan said her client acknowledged the seriousness of the incident and the charges, but said he had turned his life around since August of last year.

She said while her client had breached a previous CCO he had been able to complete more than 100 hours of community work.

“He was a young man who had hit rock bottom and he was a young man trying to complete a community corrections order while consumed in the world of drugs,” Ms Vaughan said.

“He has the support of his parents and they certainly say that his behaviour and attitude is very different to that of their son five months ago.

“Any immediate term of imprisonment would take him 10 steps backwards.”

 

Whorouly man charged with murder

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HOMICIDE Squad detectives have charged a 48-year-old man following the suspicious disappearance of 49-year-old Whorouly woman, Karen Chetcuti, last week.

A body was located off Croppers Creek Road near Myrtleford about 1.35pm yesterday and is yet to be formally identified, but is believed to be Ms Chetcuti.

A Whorouly man faced an out of sessions’ court hearing overnight and was charged with one count of murder.

He has been remanded in custody and will appear at the Wangaratta Magistrates’ Court today.

The man was arrested in Melbourne and taken into custody early Sunday morning.

A crime scene was set up at the man’s property, as police continued their investigations.

Ms Chetcuti was last seen attending the Whorouly Hotel at 7.20pm on Tuesday night.

She was a Wangaratta council records coordinator and after failing to turn up to work last Wednesday, a friend reported her missing to police.

Fears for Ms Chetcuti’s wellbeing heightened when her car was found on fire on Halls Road in Myrtleford at 5.15am last Thursday.

An extensive search to locate Ms Chetcuti in the Myrtleford and Whorouly areas had been ongoing since.

Suspect charged

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WHOROULY man Michael Cardamone fronted Wangaratta Magistrates’ Court yesterday charged with the murder of Karen Chetcuti.

Police allege that Mr Cardamone murdered Ms Chetcuti “on or about” January 12.

The 49 year old Whorouly resident was reported missing last Wednesday when she failed to turn up to work.

Her body was found on Monday at about 1.35pm in scrubland off Croppers Creek Road near Lake Buffalo, outside of Myrtleford.

Mr Cardamone has been in custody since his arrest on Sunday when his vehicle was monitored by police Air Wing and he was apprehended at Ringwood at 6am.

He was subsequently questioned by the Homicide Squad and a search warrant was executed on his property that became a crime scene.

The 48 year old suspect faced an out of sessions court hearing overnight on Monday when he was charged with one count of murder.

Appearing at Wangaratta Magistrates’ Court yesterday, Mr Cardamone was wearing a white t-shirt and black tracksuit pants, with visible tattoos on his arms.

His face was expressionless, often bowing his head in the dock, flanked by two police officers.

Defence counsel of the accused, Geoff Clancy, addressed Magistrate John O’Callaghan, who presided via video link from Wodonga.

Mr Clancy attempted to suppress a second charge that Mr Cardamone allegedly breached parole, on the basis that it would publicise his previous criminal record.

He also wanted any previous charges to be suppressed from publishing on the grounds of prejudice.

“It would be prejudicial for a potential jury pool,” Mr Clancy said.

“Charges should be suppressed until such a time there is a finding of guilt.”

Police Prosecutor Mario Eliades said he has no view in relation to the media application for specific information.

However, he did note that the accused had already personally told the press of his criminal history.

Magistrate O’Callaghan allowed the publishing of Charge 2 that Mr Cardomone allegedly breached parole.

But he suppressed the details about any past charges and/or convictions.

No application for bail was made and Mr Cardamone was remanded in custody to appear at Wangaratta Magistrates’ Court on September 8.

A good friend of Ms Chetcuti’s was present in the courtroom and family of Mr Cardamone’s were also in attendance.

Ms Chetcuti was last seen attending the Whorouly Hotel at 7.20pm on Tuesday night and police began their investigation on Wednesday when notified of her disappearance.

Police attended Ms Chetcuti’s home that evening and discovered her car missing, but her handbag and purse were in the house, and the lights were on.

Ms Chetcuti’s car was found hours later, set alight on Halls Road in Myrtleford at 5.15am Thursday.

The investigation immediately became a Missing Persons case, assisted by the Homicide Squad.

A wide scale search consisted of police airwing, K9 Unit, Search and Rescue, SES, local police, and government departments, to locate Ms Chetcuti.

Resources searched for five days in the Myrtleford and Whorouly areas from Thursday until she was found deceased on Monday.

This post is part of the thread: Karen Chetcuti murder investigation – an ongoing story on this site. View the thread timeline for more context on this post.

Suspect charged UPDATE

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WHOROULY man Michael Cardamone fronted Wangaratta Magistrates’ Court on Tuesday charged with the murder of Karen Chetcuti.

Police allege that Mr Cardamone murdered Ms Chetcuti “on or about” January 12.

The 49 year old Whorouly resident was reported missing last Wednesday when she failed to turn up to work.

Her body was found on Monday at about 1.35pm in scrubland off Croppers Creek Road near Lake Buffalo, outside of Myrtleford.

Mr Cardamone has been in custody since his arrest on Sunday when his vehicle was monitored by police Air Wing and he was apprehended at Ringwood at 6am.

He was subsequently questioned by the Homicide Squad and a search warrant was executed on his property that became a crime scene.

The 48 year old suspect faced an out of sessions court hearing overnight on Monday when he was charged with one count of murder.

Appearing at Wangaratta Magistrates’ Court yesterday, Mr Cardamone was wearing a white t-shirt and black tracksuit pants, with visible tattoos on his arms.

His face was expressionless, often bowing his head in the dock, flanked by two police officers.

Defence counsel of the accused, Geoff Clancy, addressed Magistrate John O’Callaghan, who presided via video link from Wodonga.

Mr Clancy attempted to suppress a second charge that Mr Cardamone allegedly breached parole, on the basis that it would publicise his previous criminal record.

He also wanted any previous charges to be suppressed from publishing on the grounds of prejudice.

“It would be prejudicial for a potential jury pool,” Mr Clancy said.

“Charges should be suppressed until such a time there is a finding of guilt.”

Police Prosecutor Mario Eliades said he has no view in relation to the media application for specific information.

However, he did note that the accused had already personally told the press of his criminal history.

Magistrate O’Callaghan allowed the publishing of Charge 2 that Mr Cardomone allegedly breached parole.

But he suppressed the details about any past charges and/or convictions.

No application for bail was made and Mr Cardamone was remanded in custody to appear at Wangaratta Magistrates’ Court on September 8.

A good friend of Ms Chetcuti’s was present in the courtroom and family of Mr Cardamone’s were also in attendance.

Ms Chetcuti was last seen attending the Whorouly Hotel at 7.20pm on Tuesday night and police began their investigation on Wednesday when notified of her disappearance.

Police attended Ms Chetcuti’s home that evening and discovered her car missing, but her handbag and purse were in the house, and the lights were on.

Ms Chetcuti’s car was found hours later, set alight on Halls Road in Myrtleford at 5.15am Thursday.

The investigation immediately became a Missing Persons case, assisted by the Homicide Squad.

A wide scale search consisted of police airwing, K9 Unit, Search and Rescue, SES, local police, and government departments, to locate Ms Chetcuti.

Resources searched for five days in the Myrtleford and Whorouly areas from Thursday until she was found deceased on Monday.

This post is part of the thread: Karen Chetcuti murder investigation – an ongoing story on this site. View the thread timeline for more context on this post.

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