The man accused of killing 38-year-old Ash Morgan in a fight at Raymond Terrace earlier this year has successfully called for a court hearing to decide whether prosecutors will be allowed to use a particular blood sample they collected as evidence in their case.
Magistrate Kirralee Perry on Monday scheduled a two-hour hearing over the forensic procedure application for October 4 in Raymond Terrace Local Court.
Kane Flanders, who is facing a murder charge over Mr Morgan's death, appeared via video link from custody as the matter was briefly mentioned. He remains on remand.
The court heard that a blood sample had been collected by investigators and was in storage, but Mr Flanders was opposed to prosecutors using the sample as part of their case.
Emergency crews were called to Cambridge Avenue about 2am on April 10 after reports a man had been found with serious head injuries. The injured man, Mr Morgan, died at the scene.
Mr Flanders, 29, was arrested nearby and charged over Mr Morgan's death.
