Cole Miller died last month after being king hit in Fortitude Valley.
Cole Miller died last month after being king hit in Fortitude Valley. Photo: Facebook

Cole Miller court hearing delayed due to evidence backlog

A MONTHS long backlog for a neuropathologist's report has delayed the court hearing into Sunshine Coast teen Cole Miller's death.

Daniel Jermaine Lee Maxwell and Armstrong Renata, both 21, are facing charges of grievous bodily harm and unlawful striking causing death.Mr Maxwell and Mr Renata are charged with the alleged one-punch attack that killed Mr Miller in Fortitude Valley on January 3.

Their lawyers have previously stated the men were out celebrating Mr Maxwell's 21st birthday.

Brisbane Magistrates Court on Monday heard a brief of evidence against Mr Maxwell and Mr Renata was nearly complete - but an outstanding neuropathologist report could still be months away.

The court heard there is only one neuropathologist in Queensland who does examinations for legal proceedings.

Prosecutor Suzanne Phillips said in previous cases she had waited for months for the report to be completed.

"I know from experience from having to adjourn matters for months," she said.

She said all other reports would be complete in mid-March.

Lawyers for Mr Maxwell and Mr Renata agreed to a lengthy adjournment but said as their clients remained in custody they wanted the report completed as quickly as possible.

Ms Phillips told the court she did not know whether the neuropathologist had given Mr Miller's case priority - or if it was possible to do so.

After police initially denied Mr Renata's legal team access to CCTV footage of the incident, the court heard police will now provide the video for an expected bail application.

The court ordered the video be provided to the legal teams for both accused.

The matter was adjourned until April 18 - although Mr Renata may apply for bail before that date.

- APN NEWSDESK



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