Trials resume in Tamworth District Court but Chris McKinney's dangerous driving case for Bendemeer fatal up in the air

There is a backlog of cases booked to be heard by juries but one trial slated for later this year is still up in the air because the accused would need to travel from Victoria.

Tamworth District Court heard on Monday Chris McKinney's trial could be in jeopardy because the Victorian border is closed, with no date on when it might re-open.

McKinney did not appear, but Acting Judge Jonathan Williams booked in other cases for the trial diary but questioned "whether that can even proceed?"

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The case is listed for a special fixture for two weeks because McKinney has refused to get legal representation, and will run his own trial.

"He has explored representation but he's adamant that he's self-represented," DPP solicitor Max Dickson told the court.

"If he's from Victoria, if he's allowed into NSW ... he's going to have to quarantine for 14 days before," Acting Judge Williams said.

When fixing another case for trial, Acting Judge Williams told the accused, who is in custody accused of sexual intercourse without consent charges, he could face trial in November because of the COVID border closures.

"The calendar is getting quite full already," he told the accused.

"The current situation of COVID-19 in Victoria and NSW ... given the real possibility the McKinny matter not being able to proceed.

"I'm putting this matter in on the basis that it may not be possible for that matter to go ahead at that time.

"If the borders are still closed on the 16th, your trial should be able to go ahead."

He's accused of dangerous driving occasioning the death of Linda Varley on the morning of February 28, last year.

The 44-year-old Tamworth mother was killed in the New England Highway crash, north of Bendemeer.

Ms Varley was behind the wheel of a Suzuki Swift headed north from Tamworth, when McKinney, driving a Volkswagen Tiguan, is alleged to have crossed to the wrong side of the road, slamming head-on to the oncoming car. Ms Varley died at the scene.

McKinney faces a maximum of 10 years' imprisonment, if convicted of dangerous driving causing death.

Meanwhile, close to 100 locals were called for jury duty on Monday, as a new empanelling process was conducted out of the Tamworth Town Hall because of social distancing restrictions.

All jury trials were abandoned in district courts in Tamworth, Armidale and Moree because of stay-home orders and health concerns, but limited trials began in June in Sydney and Newcastle.

As part of a suite of state-wide measures, jurors will now be spaced out and positioned around the courtroom and subject to regular temperature checks.

But current space restrictions mean family members of accused or victims in trials are unlikely to be allowed into courtrooms to hear trials.

"[That's] one of the problems in the current situation," Acting Judge Williams told the court on the first day of the four-week sittings on Monday.

"They might not be able to be in court."

Last month, a coroner's inquest saw restrictions on who could attend court, with several parties including those involved in the case watching via AVL from other courtrooms.

Last week, a super-callover was held in both Tamworth and Armidale District Courts to try and clear a backlog of cases.

After negotiations between the Crown and defence, several accused pleaded guilty to new or amended charges, clearing a number of trial dates for later this year and into 2021.

Trials had already been slated for mid-next year with some accused waiting more than 12 months in custody to get a trial date.