Kurt Toole, 32, remains in jail after his court case was adjourned with more material entered at Sydney Downing Centre Court

The 32-year-old, who resides at an address on Sunbright Road in Kelso, pleaded guilty in Bathurst Local Court on October 5 last year to two counts of supplying prohibited drugs and affray, after incriminating phone intercepts - and other material - were retrieved by police.

Toole's matter was originally scheduled for sentence in Bathurst District Court on December 13, but was postponed due to Judge Graham Turnbull's schedule, which - as he told the court - didn't allow for the appropriate amount of time required.

After the Crown entered further material at Toole's sentence hearing in Sydney Downing Centre Court on January 30 - which included CCTV vision and subpoenas from the Department of Corrective Services and Justice Health - the matter encountered a further adjournment.

Director of Public Prosecutions (DPP) prosecutor, A Paddison told the court she required more time to "consider the material properly".

"I have had limited time to look at the material provided by corrective services ... There is some material that is inconsistent with affidavits," Ms Paddison said.

Toole's defense barrister, D Jordan SC rejected Ms Paddison's adjournment request for a variety of reasons, which included that his client had been in prison, without in-contact visits and in segregation, for four months.

"We oppose the adjournment and we have a number of reasons for it. Firstly, there has been an extreme delay with proceedings; the offence date was in June 2020," Mr Jordan said.

"What is happening is Madame Crown is fishing, she's wading through material not knowing what she is trying to achieve.

"Mr Toole has been in segregation for four months ... and we have tried to get this on as quickly as possible. There are improvements in that he is now allowed to be a sweeper and provide meals to other inmates.

"This may just be venting on my part, but there are some aspects that are unsavory ... The Crown had our material several days before December 13 and we're only getting it now."

After Ms Paddison disputed Mr Jordan's claim of her alleged deliberate delay in proceedings, Judge Turnbull said he "would not contemplate" the suggestion and said it was "not your fault" the matter had been put off.

"It's a big ticket item, there's no doubt about it and at the end of the day, the court would be best to have cooperation. I know everyone is keen on proceeding," Judge Turnbull said.

"We are," Mr Jordan replied.

Judge Turnbull ultimately granted the Crown's request for an adjournment and scheduled it for February 3 in Sydney Downing Centre Court, where submissions will be heard. Toole will appear by audio-visual link.

"It seems there was always some prospect it was going to have to go over. If it was an adjournment of weeks or months, Mr Jordan's rejection may have been granted," Judge Turnbull said.

Two further supply prohibited drug greater than indictable charges, to which he has not pleaded guilty or been convicted of, will also be taken into account on sentencing, in what is known as a "Form 1" procedure.

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