A MAN accused of stabbing another man in the temple with a bodkin has made an unsuccessful bid to have the charges against him dismissed, as delays in the prosecutor's office plague the case.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Kane John Smith-Croft, 25, remains behind bars and fronted Tamworth Local Court on Wednesday, charged with wounding with intent to murder, affray and contravening an AVO.
The court heard the Crown needed another two weeks to confirm which charges it would press ahead with against Smith-Croft.
It marked the second time the prosecution had requested an extension since the usual six-month deadline to certify charges expired in April.
Solicitor for the state prosecuting authority, the DPP, Max Dixon submitted the extra time was in the interest of justice.
"The brief in this matter is complicated," he said.
The court heard a stack of digital files made up part of the evidence, including body-worn footage and CCTV.
He said several witnesses had refused to give police statements or told officers they didn't see anything.
Mr Dixon submitted another issue the Crown was working through was that one of the charges depended on the 'intent' element.
"That is, the intent to murder," he told the court.
"That's the most complicated sequence."
READ ALSO:
Police allege Smith-Croft stabbed a 32-year-old man in the head after reports a brawl broke out at a home in West Tamworth about 1pm on October 28.
The court heard there was eyewitness evidence that a bodkin was embedded in the alleged victim's head. He was taken to Tamworth hospital, before he was put into an induced coma and flown to Newcastle for surgery.
He gave a statement to police in the days afterwards.
"He was fully cooperative, it's just that he was in a coma," Mr Dixon said.
Defence solicitor Wendy McAuliffe opposed the delay and asked for the charges to be thrown out.
She said the same reasons were given by the DPP solicitor last time the Crown asked for an extension.
She said Smith-Croft had been behind bars on remand for seven months not even knowing what charges he would face, and that there would be more delays if the matter was escalated to the district court.
"It's just not good enough," she said.
"The explanation that has been provided is not sufficient to justify the continuous adjournment of this matter."
She told the court a bail application in the Supreme Court of NSW was under way for Smith-Croft.
The explanation that has been provided is not sufficient to justify the continuous adjournment of this matter.
- Legal Aid defence solicitor Wendy McAuliffe
Magistrate Julie Soars ultimately gave the Crown another chance to progress the matter.
"I propose to grant a further extension because I am strongly of the view it is in the interest of justice to do so," Ms Soars said.
"It's an unusual matter but it's a very serious charge."
The case was adjourned for two weeks. No pleas have been entered.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark northerndailyleader.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram
- Follow us on Google News