STATE prosecutors have chosen not to take over the case of a Tamworth man accused of possessing more than 1000 images and videos of child abuse material.
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Stewart Kennedy did not appear in Tamworth Local Court earlier this week when his case was called.
The 28-year-old has been behind bars since a police raid allegedly uncovered what was described as an "extreme bulk" of material earlier this month.
Police prosecutor Sergeant John Brissett confirmed the state prosecuting authority, the DPP, had not taken over the case and it would remain in the local court.
"It must be staying with police," he told the court.
"No election."
Magistrate Julie Soars asked Legal Aid defence solicitor Patricia Simpson whether Kennedy could enter a plea to the single charge of possessing child abuse material.
"No, Your Honour, I would be asking for two weeks to get some instructions," she replied.
Ms Soars adjourned the case to next month.
"At this stage there's still an order for a brief [of evidence]," Ms Soars said.
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Ms Simpson raised the possibility of a suppression order, covering statutory requirements only, during the mention.
Ms Soars questioned any potential order based on the nature of the allegations against Kennedy and what grounds it may be made on.
"This isn't one with any disclosed complainants," she said.
Ms Simpson confirmed that was the case.
"There's no non-publication orders sought?" Ms Soars said.
Ms Simpson confirmed she would not make such an application and no orders were made to limit what could be reported.
Bail was refused on the last occasion and no application for his release was made during the mention.
"Bail not applied for, refused," Ms Soars said.
Police allege Kennedy had more than 1000 images containing abuse material as well as some videos, including of real children, in his possession.
He was charged by Oxley detectives on August 6 after his Tamworth home was raided.
The court previously heard police had been combing through the material and categorising it.
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Police and crime reporter at the Newcastle Herald. Email: afalkenmire@austcommunitymedia.com.au
Police and crime reporter at the Newcastle Herald. Email: afalkenmire@austcommunitymedia.com.au
