THE case against a man accused of killing his severely disabled daughter at Clarence Town in 2011 looks set to be delayed again, with neither side willing to transcribe 74 discs containing electronic recordings.
The man, who cannot be identified for legal reasons, had his matter mentioned in Newcastle District Court on Monday ahead of a defence stay application in the same court on Thursday.
The nine-year-old girl was found dead in her bed on the afternoon of July 17, 2011, court documents state.
She suffered from cerebral palsy, required 24-hour care and was severely restricted in her movements.
An inquest into her death in April, 2013, heard the child died from a combination of internal injuries, which a paediatrician said were caused by a blunt force to the stomach, such as a fist.
The injuries included tears to her liver, diaphragm, oesophagus and small bowel.
She also suffered blood loss. The inquest was about to enter its fourth day when Deputy State Coroner Sharon Freund ruled there was evidence capable of convicting a known person of a serious offence.
Police had established Strike Force Nylon to investigate the child's death and a brief of evidence was forwarded to the Office of the Director of Public Prosecutions to consider whether charges would be laid. The man was charged with manslaughter in February, 2014, and committed for trial in July of that year.
A trial date in February, 2016, was set, but later vacated after a defence application.
A new trial date of May 29, 2017 has been set, but Public Defender Peter Krisenthal indicated on Monday the defence would be pursuing a stay in the proceedings.
It appears the defence doesn’t have the capacity or resources to listen to and transcribe 74 discs of electronic evidence, which they claim would take 70 to 80 days to complete.
While, according to the defence, the Office of the Director of Public Prosecutions claims it has “discharged its obligations to disclose its case by supplying the discs”.
The matter will be heard in front of Judge Roy Ellis on Thursday.