Justice Jane Dixon has been asked to legally rule whether one of the men, Adam Lucas Williamson, should face a murder charge under section 3a of the Crimes Act.

Prosecutor Justin Lewis and Williamson’s defence counsel Richard Edney will hand up written submissions next Thursday which will be argued next Friday.

Section 3a involves an unintentional killing during a crime of violence but Williamson’s lawyer, Richard Edney, argued his client wasn’t in the room when Mr Handford, 90, was stabbed 13 times in the back.

Prosecutor Justin Lewis told the court on Wednesday Williamson, 40, and his co-accused, Jonathon Jeffrey Cooper, 29, kicked open the back door of Mr Handford’s home on Bungaree-Barkstead Road in the early hours of September 14.

Mr Lewis said Mr Handford was tied up before Cooper stabbed him with a doubled-edged knife.

The pair then rummaged through his belongings, stealing his WWII medals, jewellery and $3900 in cash.

Mr Handford’s pacemaker showed he spent four hours and 38 minutes lying on the floor until he eventually died. 

Mr Edney said his submission was talking about Williamson’s foundation offence, which was armed robbery.

“Clearly Mr Williamson had no intention of killing or seriously hurting Mr Handford,” Mr Edney said.

“Section 3a is different in so far as Williamson is concerned as he had no complicity with Mr Cooper.”

But Mr Lewis argued that “the only reasonable argument has them both present at the time”.

“Williamson was engaged in the armed robbery from start to finish,” Mr Lewis said.

Justice Dixon adjourned the hearing but also apologised to Mr Handford’s family for the “disruption and inconvenience” but said it was a “highly unusual situation”.

“I have to sentence on a clear factual and legal basis,” Justice Dixon said.

“It’s very unfortunate and it must be disturbing and unsatisfying for the family not to have the plea proceedings finish today.”

Cooper and Williamson have pleaded guilty to one count each of murder, aggravated burglary and theft but Mr Edney indicated Williamson could change his murder plea based on Justice Dixon’s ruling.