KEY POINTS:
Two brothers accused of killing 3-year-old Nia Glassie entered no pleas when they appeared in the Rotorua District Court yesterday.
The assault charges against Wiremu Curtis, who has recently turned 18, and Michael Curtis, 21, have been upgraded to murder.
Their co-accused on the lesser charge, Michael Curtis's
girlfriend Oriwa Kemp, 17, and Michael Pearson, 19, now face counts of manslaughter. They, too, have yet to plead to the new charges.
Judge Jocelyn Munro remanded Wiremu Curtis - who was the partner of Nia's mother, 34-year-old Lisa Kuka - in custody until October 5 for a bail application, which she said she did not have the information before her to deal with.
His lawyer, Nigel Cook, said the remand in custody was withoutconsent.
For Michael Curtis, Johnathan Temm said a bail application would be made formally in the next fortnight.
Curtis was remanded in custody until October 23 for a further pre-depositions hearing, as were Kemp (represented by Brian Foote) and Pearson (Tim Barclay).
The 15-minute hearing was moved to a larger courtroom to accommodate reporters and television cameras, plus about 30 whanau members, including Nia's mother. A heavy police contingent was in court and several officers guarded the exit.
First to be called was fifth defendant William Curtis, 47, the father of Wiremu and Michael, who successfully appealed in the High Court two weeks ago for bail. He made his way to the dock from the public gallery, where he had been waiting quietly with supporters.
Crown prosecutor Fletcher Pildich told Judge Munro that police recognised the older Curtis's case was different from that of the other accused, whose alleged abuse of Nia relates to a period between July 30 and August 3 this year.
He is accused of assaulting the pre-schooler and injuring her with intent to cause grievous bodily harm during the four months from March 1 to July 1.
His lawyer, Olivia Brittain, said she would seek to have his prosecution separated from the others.
As the judge was remanding Curtis on continued bail until December 5 for a depositions hearing,the younger four were led in fromthe cells.
Curtis snr hugged his elder son Michael who moved into the dock beside him.
As he was leaving, the father then embraced Michael Curtis again and paused to hug Pearson, who stood between the two brothers. The elder Curtis walked past younger son Wiremu, seemingly ignoring him, and kissed Kemp, who was standing alongside the crowded dock.
Judge Munro said a week would need to be allocated for depositions for the four younger accused.
Outside the court, Lisa Kuka refused to talk to reporters. Police have said they will make a decision in two to three weeks on whether she will face charges.
Nia Glassie died in the Starship hospital on August 3 when her life-support system was turned off.
A pathologist's report has confirmed her death was caused by a brain bleed.
- NZPA
