A SOLICITOR has tried to have the murder case against her client thrown out after continual delays in the case.
Jamie Cust will also stay behind bars after unsuccessfully lodging another bid for bail during an appearance in Tamworth Local Court on Wednesday.
Cust appeared via video link from prison and waved to family seated in the back of the court. He's charged with killing Jesus Bebita in Scone in December last year.
Police prosecutor Sergeant Rob Baillie said the case should be adjourned to mid-February for charge certification, where the DPP would have finalised its case against the accused.
Legal Aid solicitor Wendy McAuliffe would not consent to the lengthy adjournment and argued two sections of the law that stated charge certification "should occur within six months", otherwise the case could be discharged, and thrown out.
"It's almost 12 months, Your Honour," she told the court.
Sergeant Baillie said it was longer than the usual eight-week period because "it is a complex matter, it's a very serious matter". He said the brief was 14 volumes and "requires a great deal of analysis", and "the matter is moving along in terms of charge certification".
The court heard Cust could be immediately indicted on the same charge by the DPP, if the case was thrown out.
Magistrate Julie Soars noted there "were some delays in the matter" earlier this year, which cannot be published for legal reasons, and given the background of the serious charge, it requires more time than an ordinary brief of evidence.
She said the case also "occurred in Scone" not in a large regional city, and that "is not to say I approve of those delays, but I have to accept them". She adjourned the case to mid-February for charge certification.
Ms McAuliffe then tried unsuccessfully to have Cust released on bail. He was denied release in October, but Wednesday's application triggered a Section 74 hurdle for Cust. Ms McAuliffe had to overcome the hurdle of a change in circumstances, to lodge the bid, arguing the magistrate said another application "could be brought if there was a delay".
"And now it is being put over ... causing further delay," she told the court.
Ms Soars noted the lengthy adjournment was "not including the shut down of the courts and the legal offices" over the Christmas break but the case was proceeding to the next stage.
"Section 74 is not made out, in that the matter is ready to proceed to the next stage," she said, refusing the bail bid.
"It's marked again, must proceed [on that date]."
Detectives allege Mr Bebita, 41, was killed at a Parker Street, Scone home in the early hours of December 18. It's understood he suffered traumatic injuries, and the pair were known to each other after working together at JBS Australia in Scone.