Aaron Marks, 38, died after an alleged assault in Ballina. He was found unconscious on River St and passed away after being taken to hospital in a critical condition.
Aaron Marks, 38, died after an alleged assault in Ballina. He was found unconscious on River St and passed away after being taken to hospital in a critical condition. Contributed

Alleged killer refused bail despite delay, evidence 'issues'

ONE of two Ballina men accused of the manslaughter of Aaron Marks last year has applied for bail.

Justin Anderson, 22, waved to loved ones in the court room when he appeared via video link before Lismore Local Court on Friday.

Mr Anderson stands charged alongside 26-year-old Bradley Presbury of the manslaughter of Iluka man Aaron Marks.

Mr Marks, originally from the Sunshine Coast, was found unconscious in River St, Ballina, in May last year and later died in a Queensland hospital.

Solicitor Crystal Triggs applied for bail on Mr Anderson's behalf.

Ms Triggs said there had been delays in the case so far and that the strength of the case against her client would be brought into question.

She told the court there were "significant issues with the evidence relied upon" in relation to her client.

Prosecutor Clare Magni said the delay was caused by a wait for the pathology report, which was not completed until December 12 and was then served upon the prosecution and defence.

Ms Magni said they would allege Mr Marks fell victim to two assaults: first at the hands of Mr Presbury, then by Mr Anderson.

The court heard both of these alleged strikes caused head injuries, as did Mr Marks' fall to the pavement.

"The conclusion is that he did not fall after (the first) punch," Ms Magni said.

The court heard there were no eyewitnesses to Mr Anderson's alleged attack of the deceased and that the prosecution would rely on other evidence.

Magistrate David Heilpern said the delay in this case was "neither unusual or surprising" in the circumstances.

"A substantial proportion of this delay has been finalisation of the crucial pathology report and forensic report which indicate the cause of death," Mr Heilpern said.

He said the evidence Mr Anderson was at the scene at the time Mr Marks was assaulted was "overwhelming", but whether he attacked the deceased was not so clear-cut.

"In my view, the prosecution case cannot be described as weak, nor can it be described as strong," he said.

He refused bail and Mr Anderson and Mr Presbury are both due to return to court on June 18.