Attack co-accused to apply for bail as DNA evidence pending
ONE of two men accused of a brutal attack in which one man was left in a critical condition will make a renewed appeal for bail.
After his release applications were knocked back in the local court and Supreme Court last year, 28-year-old Mark Gary Brown made a further application at Tweed Heads Local Court on Wednesday.
Defence solicitor Rachael Thomas said she had been instructed to make another appeal for his release.
Mr Brown has been charged alongside Aydin Christopher Brown, 29, over the alleged attempted murder of Benn Peterson, 35, and kidnapping of Phillip Green, 36, on Sunday, July 23 last year.
Mr Peterson was found on the side of Kyogle Rd at Kunghur about 7.30pm that evening.
The matter was listed for a final reply on Wednesday, but Crown prosecutor Elizabeth Lehmann said there were still crucial documents outstanding.
"There's DNA evidence, I'm advised by the police, on a cigarette butt located at the scene of the crime where Mr Peterson was found,” Ms Lehmann said.
"That evidence has yet to be (included in the) statement of facts.
"The reason for the delay is that there needs to be DNA taken from (victims) to exclude them from that sample.”
Ms Lehmann said extensive CCTV footage relating to the alleged incident would still need to be copied and tendered to the court.
Ms Thomas said there had been another delay in an attempt to confirm her client's identity with one of the victims, for which she said there was "no consent” given by Mr Brown.
"That identification array has still not taken place,” she said.
Solicitor Carl Edwards, who was representing Aydin Brown, said Hanna Legal - the firm he is acting as agent for - had instructed him to request a two week adjournment.
"There is still material to be served as far as the brief is concerned,” Mr Edwards said.
But Magistrate Geoff Dunlevy said he could not list the matter on a day when the Director of Public Prosecutions team was not due at the court.
These days occur just once a month, as is typical for a regional court circuit, Mr Dunlevy said.
"I just can't put DPP matters for mention on hearing days,” he said.
The matters are due back before Tweed Heads Local Court on Wednesday, March 28.
Mark Brown's release application will be considered by the court on March 14.