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The Canberra Times
The Canberra Times
National
Olivia Ireland

'Grossly unfair': man accused of murdering 'soulmate' faces another trial delay

Michael O'Connell, who appeared before the ACT Magistrates Court on Tuesday. Picture Facebook

A man accused of murdering his "soulmate" has faced another trial delay with crucial pieces of evidence not being ready, which a defence lawyer described as "grossly unfair".

Michael O'Connell, 42, appeared via audio-visual link in the ACT Magistrates Court on Tuesday after pleading not guilty to murder.

Alleged facts tendered to the court state that in April, he was at his partner's premises in Melba where they argued for nearly one hour before he jumped into a Mitsubishi Triton.

His partner, Danielle Jordan who is also known as Danielle Patricia Fleming, then jumped on the bonnet as he drove off.

Another woman, an associate of his partner who was with the pair, walked in front of the ute to try to stop it but had to take evasive action.

A short time later, she heard "a loud screech of tyres then a loud thump".

She ran towards the noise and saw O'Connell picking up his partner's body, "with blood covering both of them" and "a pool of blood" on the ground.

The defendant, of Monash, then took his partner to the emergency department at Calvary Public Hospital with CCTV capturing her appearing "to be limp and unresponsive".

She was transferred to the Canberra Hospital's intensive care unit where examinations determined she was unlikely to survive from the catastrophic head injury.

O'Connell, who the court previously heard worked full-time at a country club, was arrested at the Canberra Hospital before he told police he "had saved her".

He said that during his attempted getaway, he stopped and exited the Triton before his partner jumped on the rear tray then fell.

Earlier this year, O'Connell applied to have his application expedited and was rejected.

During O'Connell's latest court session on Tuesday, ACT Director of Public Prosecutions Shane Drumgold SC said they were hoping to again delay committal as three pieces of evidence were not yet ready.

Mr Drumgold added delaying committal will do little to change the timing for when the trial is set, as it will inevitably fall into next year.

Defence lawyer Edward Chen said it was "grossly unfair" his client had to remain in custody and O'Connell was going to plead not guilty regardless of any new evidence given by prosecution.

Mr Chen on a previous occasion said O'Connell "never intended to kill a person he described as a soulmate".

O'Connell was previously charged with manslaughter before it was upgraded to murder which Mr Chen argued was also not fair for his client.

Magistrate Louise Taylor told Mr Chen she was "dealing with what is known" and said from what prosecution told her there was a need for more time for a proper case to be heard later in the Supreme Court.

The matter is set for another pre-hearing mention on October 11 where an informant should be made available if prosecution's evidence is not ready by that stage.

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