A TAMWORTH man charged with killing his wife and son in a deadly car crash will face the same charges at a trial next year, despite "new issues" and evidence in the case.
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Stephen George Russell did not appear in Tamworth District Court when his case was mentioned on Tuesday, but lawyers told the court the matter was ready for a second trial.
The first trial was dramatically abandoned in December 2020 after the Crown was "blindsided" by new evidence which came to light the day before it was due to begin.
The trial was vacated before it even opened and the jury was discharged while prosecutors and police continued to investigate.
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The revelations cannot be reported for legal reasons, but the Crown said at the time it had been "blindsided" by the development.
DPP solicitor Max Dickson told the court on Tuesday prosecutors had needed time to consider the new information and "gather new evidence in respect to new issues raised at the end of last year".
"The trial did not run, it has a new trial date in February next year," Mr Dickson told the court.
He said the Crown had needed time to consider "any changes to the indictment", but ultimately decided to keep the allegations in their current form.
On Tuesday, the court heard Russell's trial is set to now run for five weeks in February 2022, before a judge and jury.
Russell's defence lawyer Peter Schmidt told the court the defence had "no issue" with the decision to leave the indictment in its current form.
"It's all ready to go, we were just waiting for the indictment to see if it will be adjusted or left as it," he said.
Judge Deborah Payne said she had been informed of the dramatic turn of events at the start of the previous trial, but was aware the 2019 case had been in the court list for some time.
"Can we just get a move on with this," she said.
Russell is accused of driving dangerously and causing a double-fatal car crash on the Oxley Highway, near Walcha, in January 2019.
Russell's 72-year-old wife, Lynette Marie Russell, and his 38-year-old son, Stephen Leslie Russell, died at the scene from their injuries, and another backseat passenger was seriously injured in the crash.
Russell has denied allegations of dangerous driving occasioning death; dangerous driving causing grievous bodily harm; and doing an act with intent to pervert the course of justice.
Judge Payne ordered Russell's bail to continue ahead of the trial.
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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
