Judge’s concern over ‘shambolic’ lead up to trial
The prosecution case against two men accused of attempted murder has been described by the presiding judge as "shambolic" less than two weeks out from the start of the trial.
During a pre-trial discussion at the Lismore District Court on Friday, the two defence teams raised concerns about the case against Aydin Christopher Brown, 31, and Mark Gary Brown, 30.
The pair are facing a joint trial on February 8 for the attempted murder of Benn Peterson in July 2017.
It is alleged Mr Peterson was bashed and set on fire on Kyogle Rd, Kunghur, near Uki, by the two men.
Police will also allege the pair kidnapped Phillip Green on the same day.
Both men are each expected to defend one charge of causing wounding or grievous bodily harm to a person with intent to murder and taking or detaining a person in company with intent to get advantage and occasioning actual bodily harm.
However, the Director of Public Prosecutions prosecutor on Friday said there had been some delay in acquiring several key statements obtained by police.
Both defence teams argued these statements were essential to their legal defence and they had been hindered in preparing for trial by not receiving them.
Judge Jeffery McLennan said he understood it was not the DPP prosecutor's fault for the delay, even after having been given a deadline for those statements to be delivered to the defence teams.
But Judge McLennan said he held "a deep sense of unease and unhappiness about the slightly shambolic way" the case against the two accused was shaping up.
"Sometimes hard decisions (about what evidence to use during trial) have to be made and the sooner you bite the bullet on this the better," he said.
Mr Aydin Brown's legal team requested an urgent subpoena be issued by the courts ordering the Commissioner of Police produce the requested statements still outstanding.
Judge McLennan granted the application on Friday afternoon.
The joint trial is expected to commence on February 8 in Lismore District Court, with further mention of the case set down for February 5.