EVIDENCE is still being served to prosecutors in the case against two men accused of wielding a knife and stealing cash at a Tamworth service station while under COVID-19 lockdown restrictions.
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Douglas Henry Bower, 53, and co-accused Michael Hines, 30, did not appear in Tamworth Local Court last week and remain behind bars after making no applications for bail.
The court heard more time was needed before the Crown could confirm which charges to proceed with against the pair, because the bundles of evidence in both cases had been ticked off as ready to go just a bit too early, and extra content was still being added.
"The brief was marked as compliant pre-emptively, there is still material being served," solicitor for the state prosecuting authority, the DPP, Cat McKay told the court.
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"Another three weeks will be required."
A DPP solicitor is not scheduled to come back to Tamworth Local Court for listings for almost five weeks, but Hines' defence lawyer Garry Johnston asked the court for a "short adjournment", to a day the matters would not normally be set down on.
Mr Jonhston assured magistrate Greg Grogin the next mention, where the DPP is expected to confirm which charges it will pursue against the co-accused, would be "very short".
Mr Grogin agreed to adjourn the co-accused cases to early February and ordered Bower and Hines to appear via video link from custody.
The brief was marked as compliant pre-emptively and there is still material being served.
- Solicitor for the DPP Cat McKay
Police were called to a service station on Marius Street after reports a man was armed with a knife when he entered with another man and threatened the operator before making off with a stash of cash just after midnight on August 30, last year.
The vehicle still had the allegedly stolen money inside when police found it about 11am that day on Webster Street. Hines and Bower were later arrested in West Tamworth.
They each face one charge of aggravated enter of a dwelling knowing people are there, robbery in company, and not complying with a COVID-19 direction.
Bower is also accused of robbery armed with an offensive weapon.
Hines is further charged with police pursuit, driving while disqualified, and dishonestly obtaining property.
No pleas have been entered.
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