A STABBING case has been set back again as prosecutors wait for a medical report on the alleged victim's injuries before confirming the charge against a Tamworth man.
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Dylan Fisher has been behind bars since his arrest nearly six months ago, and appeared in Tamworth Local Court via video this week, when tensions rose about ongoing delays.
Fisher's defence solicitor Rasha Shammas said she was "quite concerned" when the state prosecuting authority, the DPP, asked for another two weeks to finalise an expert medical report.
Ms Shammas argued there was medical information already in the brief of evidence.
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Magistrate Julie Soars granted the short adjournment, but gave a stern warning and said the case must proceed when it next returns to court.
"That's a serious direction," she told DPP solicitor Cat McKay.
"You're right up against the line here."
Fisher is charged with wounding a person with intent to cause grievous bodily harm (GBH), after an alleged stabbing in February.
He has not been required to enter a plea.
Ms Soars said prosecutors had given an explanation for the delay, and that the GBH factor was an "extra element" the DPP needed to consider.
You're right up against the line here.
- Magistrate Julie Soars
Standard practice is that prosecutors have six months to confirm the allegations against an accused, which will expire next month for Fisher.
"I can't dismiss the matter, it's not past six months," Ms Soars told Ms Shammas.
"Once it gets to the six months there's more that can be done."
Fisher, 26, has been bail refused since he was arrested in the hours after an alleged confrontation off Goonoo Goonoo Road on the morning of February 20.
Fisher is accused of knifing a 41-year-old man man in the torso, who was found with stab wounds at a nearby petrol station and rushed to hospital.
Police allege the pair were known to each other.
Bail was formally refused and the case was adjourned.
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