THE man charged with killing a former colleague almost two years ago in the Upper Hunter is set to fight the murder allegation in the NSW Supreme Court.
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Jamie Cust has been committed for trial after his solicitor told Tamworth Local Court on Wednesday it will be a not guilty plea to a charge of murder.
He stands accused of killing 41-year-old man Jesus Babita in Scone in late-2018.
Cust, who is being held in custody at the Long Bay Hospital prison wing, appeared via video link in court on Wednesday.
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Legal Aid solicitor Wendy McAuliffe, who previously represented Cust before passing the case on, appeared as agent for a Newcastle solicitor.
The case has been plagued by delays, but on Wednesday, Ms McAuliffe said the case was ready to be committed for trial.
It's still not know where the trial will be run, but magistrate Julie Soars said there would be difficulties in hearing the murder case in Tamworth.
"Has there been any discussion on where this trial will be held," Ms Soars asked, telling the court the case had no ongoing ties to Tamworth and was only held in the same court because of previous links.
"I was managing it ... for historical reasons I was the Scone magistrate at the time."
Solicitor for the Director of Public Prosecutions (DPP) Ellen Tiedeman said the Crown had yet to determine the trial location.
"It will probably be either Tamworth or Newcastle," she said.
"That will be ventilated at an arraignment by the Crown...".
But Ms Soars said the Tamworth court precinct - which has two courtrooms and small callover room - couldn't handle another murder trial with the current caseloads in district and local courts.
"If it comes to Tamworth it will cause all sorts of problems because we just don't have the courts," she told the court.
Cust will front an arraignment in the NSW Supreme Court in Sydney in mid-December, where he is formally expected to enter his plea to the allegation.
"On a plea of not guilty, he will be committed for trial at the NSW Supreme Court in Sydney," Ms Soars said.
"Bail not applied for, formally refused today."
Hunter Valley detectives allege Cust - then aged 20 - killed Mr Bebita at a Parker Street home in Scone in the early hours of December 18, 2018.
Police claim Cust murdered Mr Bebita the same day they allegedly found his body at the home.
It's understood the alleged victim worked with Cust for some time at abattoir JBS Australia in Scone.
Shortly after Mr Bebita was found dead, Cust presented to Muswellbrook Police Station where he was arrested.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
