Michael Griffiths, of Havannah Street, has brought a private action against Cr Bourke following an incident in a Bathurst newsagency in August.

Mr Griffiths alleges he was the victim of a common assault by Cr Bourke and also accuses Cr Bourke of damaging his property, a pair of glasses.

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Magistrate Cate Follent asked police prosecutor Sergeant Darren Pearce if the allegations were a police matter and Sgt Pearce confirmed it was a private matter between the two parties.

Under Section 49 of the Criminal Procedure Act 1986 (NSW), any individual who has reasonable grounds to believe an offence has been committed against them has the power to launch a private prosecution against another person for any indictable offence.

Proceedings are commenced by issuing a field court attendance notice, signed by a registrar, and filing the notice.

During a mention in court on Tuesday, Cr Bourke said he had taken out an interim personal violence order against Mr Griffiths for ongoing harassment and he believed the private prosecution was a continuation of this behaviour. "What the AVO is about is what he is doing now," Cr Bourke said.

Mr Griffiths responded by saying he had ongoing injuries and had concerns for his safety.

He said any reference to the AVO should be done in the appropriate forum.

When asked if he was representing himself, Mr Griffiths told the court he was, saying he was a retired police officer.

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Mr Griffiths said he had 26 and-a-half years' experience and had assisted the prosecution for 14 years.

When asked about this he said he "had been a plaintiff in private matters".

When Ms Follent asked him how that would assist the prosecution, Mr Griffiths said he had represented himself in the Supreme Court.

Ms Follent then asked if the Office of the Director of Public Prosecutions was aware of his allegations against Cr Bourke, saying the DPP had power to take over the prosecution. Mr Griffiths said he was not aware if they were.

Ms Follent ordered the brief of evidence be served, with the matter to return before Bathurst Local Court on November 6.