AN interim apprehended violence order will remain in place preventing a former police officer from stalking, harassing or intimidating Bathurst mayor Bobby Bourke.
The interim AVO was taken out by Cr Bourke against Michael Griffiths, of Havannah Street, in August.
The matter was mentioned in Bathurst Local Court on Wednesday before magistrate Cate Follent, who put the matter over for hearing on November 27.
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A private prosecution for common assault and destroying or damaging property, brought against Cr Bourke by Mr Griffiths, was also mentioned on Wednesday.
Mr Griffiths told the court he opposed the interim order being in place.
"I've been under an interim AVO since August, and his brief has no evidence to support the application. It is clear it is false and misleading," he said.
He said he felt publicly shamed having an interim AVO "hanging over" him.
However, Cr Bourke's solicitor Shane Cunningham said the interim order was linked to the private prosecution brought against his client by Mr Griffiths and should be heard on the same day.
The court also heard that Mr Griffiths had not filed his brief of evidence in the private prosecution by October 22, as previously directed by the court.
When asked why this had not occurred, Mr Griffiths told Ms Follent that he was waiting on a response from Government Information (Public Access).
He said he had lodged a request for information in late August and submitted a further request four weeks later. Mr Griffiths said the Australia Post money order for the fee had not yet been cashed.
When asked when he will be able to serve the brief, he said "on the information I have available within a week".
Ms Follent said it was not clear how the GIPA legislation was preventing him making a statement, adding Cr Bourke "was entitled to know the evidence against him".
Mr Griffiths was given a further three weeks for the brief to be served.