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Summary: man tries to keep his wife on life support to avoid being charged with her murder. I think that's a twist that nobody's been expecting. What a wondeful thing a culture of life is!
Korp wants wife kept on life support
By Stephen Moynihan
April 8, 2005
A sensitive bail decision is deferred as the victim of an alleged attack faces a grim medical situation.
A man charged with the attempted murder of his wife after she was found near death in her car boot has vowed to challenge any move to turn off her life support system.
Joseph Korp, 47, yesterday signalled the legal battle to keep his wife, Maria Korp, 50, alive as a magistrate deferred a decision on whether to grant him bail.
If Korp was granted bail and his wife subsequently died, his charge of attempted murder could be upgraded to murder and his bail revoked because a magistrate cannot grant bail on a murder charge.
Korp and Tania Herman, 38, were charged with attempted murder, conspiracy to murder and intentionally causing serious injury after Mrs Korp was found unconscious in the boot of her car near the Shrine of Remembrance on February 13.
Mrs Korp, a mother of two, remains in a persistent vegetative state at The Alfred hospital. If she survives another month, doctors will classify her condition as a "permanent" vegetative state.
Korp's lawyer Michael Tovey, QC, said his client would oppose any move to turn Mrs Korp's life support system off. He said any ruling to make that decision would be challenged in court and could result in years of litigation and legal argument.
In evidence, neurologist Bruce Day said if Mrs Korp entered a "permanent" vegetative state, doctors would discuss with family whether to continue with life support.
The court was told that although Mrs Korp can breathe on her own, she is connected to breathing and feeding tubes. Dr Day said if these were to be withdrawn Mrs Korp could die within a fortnight.
Cross-examined by Mr Tovey, Dr Day said Mrs Korp could live up to five years if she survived a year in her current condition.
Crown prosecutor John McArdle, QC, said there were similarities between the case and that of American woman Terri Schiavo, whose life support system was controversially switched off. Magistrate Paul Smith said Mrs Korp's medical condition was "very grim" and she was unlikely to recover. He delayed a decision to grant Korp bail to see if Mrs Korp dies in the next six weeks.
Mr McArdle said there was "no doubt that her death would change the nature of the case".
Police allege Korp arranged for Herman to hide in the garage of his Mickleham home and murder his wife.
A Melbourne criminal barrister said yesterday Korp may have legal rights to fight any decision to switch off his wife's life support system.
The lawyer told The Age that because Korp was the next of kin, under law his rights could not be impaired, but the judge may view Korp's actions with scepticism. He said that because Korp "is innocent until proven guilty", a claim by him to keep his wife alive could not be prejudiced.
The lawyer said if a court decided to turn off life support, Korp could fight the upgrade of his charge of attempted murder to murder because a court could find that Maria Korp died as a result of the support being turned off.
By Stephen Moynihan
April 8, 2005
A sensitive bail decision is deferred as the victim of an alleged attack faces a grim medical situation.
A man charged with the attempted murder of his wife after she was found near death in her car boot has vowed to challenge any move to turn off her life support system.
Joseph Korp, 47, yesterday signalled the legal battle to keep his wife, Maria Korp, 50, alive as a magistrate deferred a decision on whether to grant him bail.
If Korp was granted bail and his wife subsequently died, his charge of attempted murder could be upgraded to murder and his bail revoked because a magistrate cannot grant bail on a murder charge.
Korp and Tania Herman, 38, were charged with attempted murder, conspiracy to murder and intentionally causing serious injury after Mrs Korp was found unconscious in the boot of her car near the Shrine of Remembrance on February 13.
Mrs Korp, a mother of two, remains in a persistent vegetative state at The Alfred hospital. If she survives another month, doctors will classify her condition as a "permanent" vegetative state.
Korp's lawyer Michael Tovey, QC, said his client would oppose any move to turn Mrs Korp's life support system off. He said any ruling to make that decision would be challenged in court and could result in years of litigation and legal argument.
In evidence, neurologist Bruce Day said if Mrs Korp entered a "permanent" vegetative state, doctors would discuss with family whether to continue with life support.
The court was told that although Mrs Korp can breathe on her own, she is connected to breathing and feeding tubes. Dr Day said if these were to be withdrawn Mrs Korp could die within a fortnight.
Cross-examined by Mr Tovey, Dr Day said Mrs Korp could live up to five years if she survived a year in her current condition.
Crown prosecutor John McArdle, QC, said there were similarities between the case and that of American woman Terri Schiavo, whose life support system was controversially switched off. Magistrate Paul Smith said Mrs Korp's medical condition was "very grim" and she was unlikely to recover. He delayed a decision to grant Korp bail to see if Mrs Korp dies in the next six weeks.
Mr McArdle said there was "no doubt that her death would change the nature of the case".
Police allege Korp arranged for Herman to hide in the garage of his Mickleham home and murder his wife.
A Melbourne criminal barrister said yesterday Korp may have legal rights to fight any decision to switch off his wife's life support system.
The lawyer told The Age that because Korp was the next of kin, under law his rights could not be impaired, but the judge may view Korp's actions with scepticism. He said that because Korp "is innocent until proven guilty", a claim by him to keep his wife alive could not be prejudiced.
The lawyer said if a court decided to turn off life support, Korp could fight the upgrade of his charge of attempted murder to murder because a court could find that Maria Korp died as a result of the support being turned off.
Schiavo has an entire biography article in wikipedia 
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