Mullen, 32, was excused from attending during a brief mention of his matter in Newcastle Local Court on Wednesday.

The DPP has elected to prosecute his drug supply charges, meaning Mullen could possibly face a tougher sentence if convicted.

And on Wednesday a DPP solicitor asked for a five-week adjournment to "resolve the facts" in Mullen's matter, a development usually reserved for when a defendant intends to enter a guilty plea. Mullen will have to enter a plea when he appears on November 20.