A BODY modifier accused of killing a woman after a plastic snowflake was implanted in her hand and mutilating the genitals of another woman at a Newcastle West tattoo parlour looks likely to have his trial delayed for a third time.
Brendan Leigh Russell, 40, has pleaded not guilty to manslaughter, female genital mutilation and grievous bodily harm with intent relating to three different women.
He was expected to face a trial in Sydney Downing Centre District Court this week, but the matter has been delayed after Mr Russell's defence, led by barrister Michal Mantaj, made an application to the DPP to have the charges withdrawn.
The DPP knocked back the no bill application on Wednesday, but still the matter could be delayed until August next year due to the current COVID crisis and the parties unwillingness to conduct a purely virtual trial using an audio visual link due to the complexities of the expert evidence, the number of witness and the desire to provide in-person support to some witnesses.
Mr Russell was first due to face trial in September 2020 and then in May this year but those dates were vacated.
Judge Dina Yehia, SC, said she was "very concerned" by the prospect of the judge-alone trial not commencing during the current court restrictions, suggesting the matter would be delayed a further 12 months.
Mr Russell, who used the "modification name" Bslicedotcom on social media, is accused of implanting the snowflake under the woman's skin, at her request, before the wound became badly infected.
He is also accused of using a branding iron to mutilate another female customer's genitals at Newcastle West in January, 2015.
I'm very concerned that if it doesn't proceed over the next month... then it will not get on until August next year.
Judge Dina Yehia, SC.
