Five men accused of kidnapping Stuart MacGill will have to wait for their trial after the former spin bowler was charged over a cocaine deal purportedly connected to his abduction.
Brothers Frederick and Richard Schaaf were among the five men due to go to trial on October 23 over the ex-cricketer's alleged kidnapping.
MacGill claims he was bundled into a car and beaten up in an attempt to extort money during the incident.
The kidnapping trial was vacated at Sydney's Downing Centre District Court on Wednesday after a successful application by the Crown.
Prosecutor Emma Blizard said the impending trial should be postponed after MacGill was arrested last month due to allegations that were potentially factually connected to the claimed kidnapping.
The cricketer was hit with one charge of the supply of a commercial quantity of cocaine before the purported abduction, which took place on Sydney's lower north shore in April 2021.
Elijah Schaaf, cousin to Frederick and Richard, opposed the trial being postponed as he was the only one of the five co-accused still in custody.
Elijah was not accused of being involved in the actual kidnapping and only faced allegations of going to Bunnings to purchase bags and supplies, the court heard.
Even MacGill had been released on bail and was allowed to "stroll around" by himself, Elijah's barrister Jeff Clarke said.
Despite these submissions, acting Judge Graeme Henson vacated the trial noting the connection between the kidnapping charges and the cricketer's drug charge and the issues this would raise when MacGill was called as a witness.
"I can almost envisage this trial - I refuse to answer, I refuse to answer, I refuse to answer," the judge said.
The court also heard that police had lost a USB stick containing a digital copy of the contents of MacGill's phone.
Along with the Schaafs, MacGill's brother-in-law Marino Sotiropoulos and another man Vaeluagaomatagi Feilo were also due to stand trial.
The five men will return to court on November 10 to fix a new trial date.
A sixth man allegedly involved in the kidnapping, Son Minh Nguyen, will appear in court on October 24.
MacGill previously told police he was repeatedly punched in the head during the alleged kidnapping, causing him to become concussed.
He said he was forced into a car at Cremorne on Sydney's north shore and taken to Bringelly, south of Sydney.
Three assailants allegedly tried to extort money from him before dropping him at Belmore about an hour later.
MacGill is due to appear at Manly Local Court on October 26 to face the drug charge. He is yet to enter a plea.
