Charges against two men accused of using firearms to intimidate witnesses in a murder trial have been discharged.
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A key witness to the alleged incident at a Ballarat East home on October 11, 2016, failed to appear at the Ballarat Magistrates Court on Thursday for a committal hearing.
Prosecutors said the witness, Heath Shepherd, had not been located despite police efforts to find him.
Jake Quinton, 21, and Travis Scott, 32, are accused of attempting to pervert the course of justice by trying to persuade two witnesses, including Mr Shepherd, from giving evidence in the trial related to the murder of Springbank veteran Ken Handford in September 2015.
The pair allegedly used firearms to warn the two men not to testify against Adam Williamson and Jonathan Cooper – the men charged over Mr Handford's murder.
The prosecution applied to have the committal hearing adjourned, but defence barristers Daniel McGlone and Jonathan Rattray strongly opposed the application.
“It would be utterly remarkable if your honour adjourns this hearing,” Mr Rattray said.
The court was told Scott and Quinton had been held in custody for more than 400 days waiting for the case to be heard.
During that time, Scott attended his mother’s funeral handcuffed but was not permitted to attend the burial.
Magistrate Mark Stratmann discharged the offences against the pair because the prosecution’s key witness failed to appear at court.
Scott and Quinton faced 10 offences over the alleged incident, including being a prohibited person who used a firearm, attempting to pervert the cause of justice, aggravated burglary and recklessly causing injury.
The committal hearing would have determined if there was enough evidence for the charges to be heard at a County Court trial.
EARLIER: A committal hearing for two men accused of using firearms to intimidate witnesses in a murder trial has stalled.
A key witness to the alleged incident at a Ballarat East home on October 11, 2016, has failed to appear at court.
Prosecutors told the Ballarat Magistrates Court on Thursday the witness, Heath Shepherd, had not been located.
"Police have one further address (to search) but if he is not there that is all that can be done today," the prosecutor said.
Magistrate Mark Stratmann issued a warrant for Mr Heath's arrest on Wednesday at the part-heard committal hearing.
Jake Quinton, 21, and Travis Scott, 32, are accused of attempting to pervert the course of justice by trying to persuade two witnesses, including Mr Shepherd, from giving evidence in the trial related to the murder of Springbank veteran Ken Handford in September 2015.
The pair allegedly used firearms to warn two men not to testify against Adam Williamson and Jonathan Cooper - the men charged over Mr Handford's murder.
Scott and Quinton face 10 charges, including being a prohibited person who used a firearm, attempting to pervert the cause of justice, aggravated burglary and recklessly causing injury.
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