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The case was before Batemans Bay Local Court on Monday where Magistrate Chris Bone expressed concern that the case against Mr Cox still wasn’t ready for trial.

Sam Connelly, 47, died en route to Moruya District Hospital after he was allegedly beaten by the accused on January 1.

Mr Cox, of Harper Crescent, Narooma, has been remanded in custody since January 4 while the Department of Public Prosecutions (DPP) and the defence team build their cases.

However, Mr Bone said he was concerned by the repercussions of a six-month time lapse.

“The concern for me is that murder is the most serious case to come before a magistrate in Australia. I don’t want to be put in a position where I have to consider giving bail to someone like this purely because the case is not there for committal,” Mr Bone said.

“Cases have to be compiled properly but people can’t linger in custody while it’s sorted out.”

Defence lawyer Peter Ryan said his client was ready to enter a plea but that, before this happened, further evidence was required from the DPP.

Mr Ryan said a provisional post-mortem result was provided by the DPP but no coronial report had been forthcoming.

“Without it I don’t believe there is evidence to commit my client for murder,” he said.

The DPP’s Michael Love was unable to provide the coronial report yesterday but agreed it was integral to the case.

“The doctor is waiting for a report to show whether the death was caused by the injuries of the accused, or did (the victim) have an aneurism or something similar?” Mr Love said.

Bail wasn’t applied for but was formally refused and the case adjourned to July 13, when Mr Cox will appear via video link from Goulburn Jail.