SOLICITORS for two Tamworth men have signalled they could apply for costs as the cases for a violent bashing and robbery drag on in court.
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James Bede Woodward and Jack Daniel Kelly, both aged in their 30s, did not appear in Tamworth Local Court when acting magistrate Mal MacPherson was told the charges were to be adjourned for two months, for the Director of Public Prosecutions (DPP) to certify the charges it would proceed with.
![CCTV was released of two men as part of the investigation into the aggravated robbery in Tamworth. Picture supplied by NSW Police CCTV was released of two men as part of the investigation into the aggravated robbery in Tamworth. Picture supplied by NSW Police](/images/transform/v1/crop/frm/3FRrb3AuBjKJGNhBeTSDxy/646c7b71-5def-4027-8bf9-20a228f157fd.jpg/r0_72_632_502_w1200_h678_fmax.jpg)
"I have a problem with that," Kelly's solicitor Garry Johnston told the court, submitting that it would take the case past a six month threshold, as part of court practices.
"The 21st of November was the first time the matter was before the local court."
Woodward's solicitor Harry Pendlebury submitted the same application, with both putting the court on notice.
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"I would reserve on costs on the next occasion if it's not ready to proceed," Mr Johnston said.
Mr MacPherson granted an extension application to the DPP, and said the solicitors had "the right to reserve costs for the delay".
"Bail to continue," he said for both accused.
Police prosecutor Sergeant Rob Baillie said "the brief is compliant" with the evidence served on the defence and the DPP.
In March, the court heard CCTV footage from a nearby hotel wasn't working and there was still outstanding telephone intercept material, which had delayed the cases.
The pair have not been required to enter pleas to two counts each of aggravated robbery and inflict actual bodily harm; as well as one count each of aggravated robbery with wounding.
The men were arrested when police raided homes in Hall Street in East Tamworth, and Kuloomba Street in Hillvue, on October 27, last year, and have been on bail since.
A police strike force was set up in the wake of the alleged aggravated robbery, which police said left two people in hospital with injuries.
In October, last year, Strike Force Coughlin released CCTV from South Tamworth McDonald's which showed two men walking to the fast food restaurant on the night of June 30.
Investigators said the alleged victims, aged 32 and 44, left McDonald's, off Ringers Road, about 11pm.
The police case is that the two accused followed the alleged victims as they walked along Goonoo Goonoo Road and then set upon them near Greg Norman Drive.
The men are accused of bashing the 32-year-old and 44-year-old and demanding their wallets, before fleeing with cash and other items.
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