THE office of the Director of Public Prosecutions is investigating the martial arts background of an Orange hotel security guard charged over the death last year of a man he allegedly struck a single blow to the head.
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The case of 42-year-old David Allan Flood was further adjourned for eight weeks, until June, in the Bathurst Local Court on Monday for the DPP to check material.
DPP solicitor Lynne Broad said part of the brief has been served on Flood and his solicitor Mason Manwaring over the death of Michael Bouffler, who died in the Orange Base Hospital, allegedly from a fractured skull, on Friday, December 7 last year.
Ms Broad said it was anticipated a forensic pathologist and a neurologist would report on Mr Bouffler's death while Flood's martial arts training background would also be checked.
Flood had ejected Mr Bouffler from the Standard Hotel on the night of Thursday, December 6 and allegedly struck him a single blow to the head.
The case was first before Dubbo Local Court on December 12 after Orange magistrate Jan Stevenson disqualified herself, saying she had prior knowledge of the defendant. Since then the matter has been heard at the Bathurst Court House.
Ms Broad told magistrate Thomas Hodgson on Monday that eight weeks seemed a lengthy adjournment, but a report following a post mortem examination on Mr Bouffler was still outstanding and had yet to be served on Flood.
Mr Mainwaring did not oppose the adjournment but said it would have been thought police and the DPP would have had reports available before charging, Flood with manslaughter and assault occasioning actual bodily harm.
The solicitor said it was a serious altercation that linked his client with what occurred at the Standard Hotel. But it was a case where Mr Bouffler died 9-10 hours after being asked to leave the hotel.
Mr Mainwaring said Flood, of Woodward Street, Orange had been adhering to very strict bail conditions. He had been ordered to surrender his passport and report three days per week to the officer-in-charge of the Orange police.
Mr Hodgson agreed with a request by Mr Mainwaring to vary Flood's bail to require him to report to police only on Fridays when he adjourned the matter for further mention on Monday, June 2.