A COURT has heard the murder charge levelled against Tamworth man Dylan Fisher could "possibly" change in the wake of talks between the prosecution and defence.
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The 29-year-old was not required to appear in Tamworth Local Court when his case was called this week.
During the mention, the Director of Public Prosecutions (DPP) solicitor Matthew Kilkeary said it was possible the matter would not be sent to the NSW Supreme Court.
The supreme court is the only court in NSW with the jurisdiction to hear trials, or impose a sentence, for a murder charge.
Mr Kilkeary said negotiations between the prosecution and legal representatives for Fisher had been "successful" and the parties were now working towards a set of agreed facts.
Magistrate Julie Soars asked if "different charges" would be levelled against the 29-year-old, to which Mr Kilkeary replied: "possibly, yes".
Lawyers for Fisher made no application for bail during the case mention this week, and he will remain behind bars until the matter returns to court in April.
In the wake of the Mr Rooks' death, a police operation - codenamed Strike Force Glenduart - was set up by Oxley detectives and the state's homicide squad.
The 29-year-old Woolomin man was arrested by Oxley detectives at 10:05pm on June 18 - the day of the alleged murder - in Cossa Street in West Tamworth.
The 29-year-old is expected to appear from custody via video link for the next mention.