A COURT has heard there is a fight between two solicitors about who will represent a man charged with the stabbing murder of a local plumber.
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Andrew Osmand remains in custody but did not appear in Armidale Local Court on Wednesday morning when solicitor Rod Watt mentioned the case.
Mr Watt said he had been briefed by a barrister from Sydney to appear after a request from Osmand’s sisters.
“I’ve been instructed by the family to appear,” he told the court, as family members of the alleged victim, Kenneth Hodges, sat in the back of the court.
The officers-in-charge of Strike Force Kinsella – the police operation set up by New England detectives to investigate the stabbing murder – were also in court.
Mr Watt said he had been liaising with a solicitor with the Director of Public Prosecutions (DPP) on the case but solicitor Frank Falcomata interrupted the mention and told the court he had been engaged by Legal Aid.
"I have not heard anything in the matter, but I've got the grant in the matter,” Mr Falcomata informed the court.
Magistrate Michael Holmes said the parties needed to sort it out, outside of the courtroom.
Osmand is accused of murdering Armidale plumber Kenneth Hodges by stabbing him in the the neck at the property they were both staying at, on Dangars Falls Rd at Dangarsleigh.
Detectives allege Osmand stabbed the 43-year-old during an incident at the house on the outskirts of Armidale, sometime between 6.50pm on June 21 and 8.30am on June 22.
Mr Watt asked for the court to make a fresh order for Osmand to be assessed by a psychiatrist.
“I’d asked on the last occasion that he be assessed in Tamworth [Correctional Centre] to see how he was going,” Mr Holmes said.
Mr Watt said “the history is since he’s been 16 he’s been suffering from schizophrenia”.
“He’s been moved from Tamworth to Cessnock, he has been provided with medication,” he told the court.
“He says there is only a nurse in Cessnock … no medical facilities.”
A short reference from “his treating doctor” was tendered to the court, but Mr Holmes said he needed more.
“All I’m hearing is that we need a report,” he said, telling the court a full assessment could be undertaken in the hospital wing at Long Bay jail.
“He is assessed as a matter of course when he goes into custody.”
Mr Holmes ordered a fresh assessment and Mr Watt said they intended to get a full assessment from the private sector.
“We’re presently trying to find a psychiatrist that will visit a jail,” Mr Watt said.
The case was adjourned for a brief mention in August, but Mr Holmes ordered detectives to continue compiling a partial brief of evidence and serve it on the defence before the case returns to court in October.
Osmand remains in custody and made no application for bail.