Pair to defend charges over alleged fatal street assault
TWO Ballina men are expected to stand trial to defend manslaughter charges over the death of a Northern NSW man.
Bradley Presbury, 23 and Justin Anderson, 26, remain in custody, having been refused bail over the alleged May, 2018 fatal assault of Iluka man Aaron Marks.
Both men have pleaded not guilty.
Police will allege Mr Marks was found critically injured on a footpath on River St, Ballina, in the early hours of Sunday, May 13 last year.
The 38-year-old, originally from the Sunshine Coast, was taken to the Gold Coast University Hospital in Southport, where he later died on May 16.
Police will allege his death was a result of injuries meted out by the defendants.
Mr Presbury and Mr Anderson faced Lismore District Court by video link yesterday.
The pair were initially planned to be formally arraigned together, but as they were appearing by video link from different correctional centres, this posed a technical problem.
Mr Presbury, the first to be arraigned, pleaded not guilty to his charges of manslaughter and two counts of acting with intent to pervert the course of justice.
The latter two charges relate to allegations Mr Presbury asked another person to firstly urge a prosecution witness to change their statement to police, then to ask that a mobile phone be concealed from NSW Police.
Mr Anderson also pleaded not guilty to his manslaughter charge.
The court heard the defence teams may apply, at a later date, for the court to make a decision as to where the trials are held, and whether the men face a joint trial, or separate trials.
Judge Dina Yehia has scheduled both men to face trial from June 1 next year.
Mr Presbury and Mr Anderson will be excused from appearing when a readiness hearing is held in May.