Lawyers for a CFMEU organiser accused of making threats have said Victoria Police is refusing to help it reach former chief commissioner Shane Patton.
The CFMEU's former Indigenous organiser, Joel Shackleton, faced Melbourne Magistrates Court in person on Tuesday.
He was charged in 2024 over allegations he made threats to kill or inflict injury upon two labour hire company owners.
Shackleton is charged with four offences for allegedly making the threats at Berwick, in Melbourne's southeast, on March 16, 2022.
His barrister Lee Ristivojevic asked for a hearing scheduled for later this week to be vacated as defence lawyers were struggling to summons former chief police commissioner Shane Patton through Victoria Police.
Mr Patton resigned as chief commissioner in February 2025.
She said defence were seeking to call Mr Patton as a witness as he was involved in the investigation and they were also seeking copies of any notes he made at the time.
Victoria Police's subpoena management unit had advised they would not be able to serve Mr Patton and defence may now need to engage its own process servers to locate the former police chief, she said.
"It's very unusual Your Honour, we're trying to troubleshoot the stonewalling and lack of assistance from the current chief commissioner to serve a summons on a former chief commissioner," Ms Ristivojevic told the court.
She said she had never experienced resistance previously, including when she was involved in underworld figure Tony Mokbel's case and received no resistance from police in helping her serve subpoenas on other former officers.
"Why Mr Shackleton's case is being treated differently, I am not sure," the barrister said.
"There is complete silence from the chief commissioner's subpoena management unit about why they are not assisting in serving that witness summons upon Mr Patton."
Ms Ristivojevic said defence needed time to engage its own process server to find previous legal representatives Mr Patton had engaged, or to investigate where he is living for personal service of the summons.
Prosecutor Melissa Mahady said she had inquired to help with service, but "those inquiries have shown that we are unable to assist".
The matter was adjourned for a special mention and this week's contested hearing dates were vacated.
Shackleton, who is on bail, will return to court on April 14.
