THE solicitor representing a man accused of fatally assaulting a man in Kelso last year has opposed an eight-week adjournment on the matter, saying the police brief should have been served already.
Tony Colin Carberry, 48, was charged with recklessly causing grievous bodily harm and assault causing death back in July 2018, following the death of Alex Marchant outside a block of Culnane Place units.
Police allege that Carberry assaulted Mr Marchant between 10.30am and 11am on Friday, July 27, causing grievous bodily harm, and further allege that he intentionally hit Mr Marchant with a part of his body, thereby causing Mr Marchant’s death.
Mr Marchant was found unconscious in a courtyard following the alleged fight on the morning of July 27.
Two police officers who were first at the scene performed CPR on the 40-year-old before paramedics arrived.
Mr Marchant was rushed to Bathurst Base Hospital in a critical condition, but died shortly after.
Carberry was arrested at the scene and charged with recklessly causing grievous bodily harm.
The second charge, assault occasioning death, was laid by police following Mr Marchant's death.
Police allege they were called to Culnane Place following an altercation between the men.
Police will allege they were called to the same block of units at around 7am for another matter involving the victim and left after that matter was resolved.
But when police were called to the units for a second time, they say they found Mr Marchant unconscious in the courtyard and immediately began CPR.
At a bail application made to the court last year, the court heard the victim was known to the accused.
It also heard material contained in the facts included statements from witnesses who told police the victim was “shaping up” to the accused.
On Monday, police prosecutor, Sergeant Darren Pearce, told the court the post-mortem examination results in the matter were still outstanding.
Sgt Pearce told the court the doctor writing the report had been overseas for a conference and had only returned last week and asked for an eight-week adjournment, which the defence opposed.
Carberry's lawyer said the matter "had already been adjourned a number of times" and said the brief should be served within six months.
Magistrate Follent marked the papers "no further adjournments", ordering the brief be served by April 1, 2019, and listed the matter for mention on April 8, 2019.
The bail undertaking that was entered by Carberry on November 28 last year continues.