A Supreme Court judge has recused himself from the long-awaited trial of Domenic Perre, the man accused of blowing up Adelaide's National Crime Authority offices in 1994.
Prosecutors "reluctantly" requested Justice David Lovell stand aside because he had previously sentenced an important witness in the case.
Sandi McDonald SC today told the court that she was taking a "very risk-averse and conservative approach", just in case views differed about whether Justice Lovell could be impartial.
Justice Lovell agreed there was potential for problems to arise and recused himself ahead of the trial getting under way.
Mr Perre has pleaded not guilty to murder and attempted murder over the death of Detective Sergeant Geoffrey Bowen and the severe injuries suffered by lawyer Peter Wallis in the blast.
Ms McDonald said the witness in question would be an important figure in the trial going forward.
"We've been advised by counsel for the accused that his credibility will be very much in issue in this trial," she told the court.
"Having presided over the sentencing submissions in that matter, your Honour was privy to considerable information that your Honour won't necessarily hear as the trial judge in this matter.
"We are not saying that your Honour cannot bring a fair and impartial mind … and we're not even saying necessarily that a lay observer would form the view that your Honour could not do that.
"The issue for us is though that views might differ about that and we know that in a dynamic trial situation, things can change."
'Regrettably, I should recuse myself'
The lawyer for Mr Perre, Gilbert Aitken, said he did not have enough details about the situation to form a view.
"This is certainly a long game, this is not Twenty20 cricket. I don't have a position but one has to do some tea-leaf gazing," he said.
At the end of the 12-minute hearing, Justice Lovell agreed he should step aside.
"I think in the circumstances, Ms McDonald, I think you're right. I think I would, in the circumstances, have to recuse myself from hearing this matter in the circumstances," Justice Lovell said.
"Given it's going to be a long trial, regrettably, I should recuse myself."
This is the second time Mr Perre has been charged over the NCA bombing, with the first set of charges withdrawn in the 1990s before the committal stage.
It is not clear when the trial will go ahead or which judge will take over.
