AN INTENT to murder charge has been dropped against a man accused of stabbing another man in the face with a bodkin when a brawl broke out, but another "serious" allegation has been levelled.
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Strike action in the public service saw prison staff walk off the job on Wednesday, meaning Kane John Smith-Croft, 25, was not able to be brought up on the video link for his matter in Tamworth Local Court.
Smith-Croft remains behind bars and delays have plagued the case since his arrest more than seven months ago.
The state prosecuting authority, the DPP, sought to confirm which charges it would proceed with against Smith-Croft without his appearance.
The court heard the mid-north coast prison Smith-Croft was being held in was one of the facilities that was striking, with even his lawyer finding it impossible to reach him on the phone.
"I can still proceed and should given the time delays in this matter ... under the relevant legislation," magistrate Julie Soars said.
Lawyers on both sides agreed.
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DPP solicitor Max Dixon confirmed the charge of wounding a person with the intent to murder had been dropped against Smith-Croft.
The court heard an allegation of wounding a person with the intent to cause grievous bodily harm had been laid and was certified for the district court.
The affray charge was also certified for the district court, while contravening an AVO was listed as a related allegation.
Smith-Croft has not entered any pleas.
The DPP had been given two extensions already to certify charges against Smith-Croft, which normally has to happen within a six-month window, due to the complexity of the brief of evidence.
Ms Soars adjourned the matter to Tamworth Local Court next week and set another date in August for an update to follow on from a case conference, where lawyers on both sides will meet to discuss issues.
Smith-Croft made no bid for release on Wednesday but Mr Dixon told the court a bail application would be heard in the NSW Supreme Court early next month.
"I'll leave that for that court," Ms Soars said.
"It's still a serious charge that he's facing."
A written explanation of the progress made on Wednesday was handed to Smith-Croft's Legal Aid defence solicitor and the court heard a video call between him and his lawyer would be set up as soon as possible.
Police allege Smith-Croft stabbed a 32-year-old man in the head during a brawl at a home in West Tamworth about 1pm on October 28. Smith-Croft was arrested that afternoon.
The court previously heard there was eyewitness evidence that a bodkin was embedded in the alleged victim's left temple.
He was taken to Tamworth hospital, before he was put into an induced coma and flown to Newcastle for surgery.
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