A SOLICITOR is trying to have a case thrown out of court because of the delays against his client, who is charged with a violent attempted robbery.
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Aaron Boston Creighton is accused of assault with intent to rob in company, after an incident in Petra Avenue in South Tamworth earlier this year.
Tamworth Local Court heard the case had been "marked several times" it must proceed, but DPP solicitor Kat McKay said it wasn't ready and they needed more time.
The court heard there had been "considerable delays" in relation to the complainant's original statement, and getting a certified translator and a transcript of the interview.
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Ms McKay said the Crown prosecutor had declined to certify it and they applied to have it adjourned to mid-January.
Creighton appeared in court via video link from prison, where solicitor Garry Johnston said "there's been inordinate delays" in the case and it was a "very short transcript" that "was eventually produced".
He said there were "identification" issues and "reading between the lines, that the case is extremely weak".
"There's been inordinate delays; police have dragged their feet," he said.
Creighton has been in custody since his arrest in March. Ms McKay acknowledged the delays were unfortunate, but "he's currently serving balance of parole" and the delay "doesn't go beyond his balance of parole".
"It's a serious matter," she said.
The court heard Creighton's parole had been revoked, and he was currently serving a sentence for a Dubbo matter.
Magistrate Julie Soars acknowledged the delays in getting the complainant's version, and the "complexity or perhaps the difficulty was finding someone who was qualified or willing to produce the transcript". But she said the delays were "well outside the time frame".
"I am concerned Mr Creighton is in custody," she said.
The case was adjourned to later this week for the DPP to determine the next step in the case.
Creighton made no application for bail and it was formally refused.