Murder accused Arthur James Spencer has matter mentioned in the Rockhampton Supreme Court

The case of a man charged with murder after his housemate was found seriously injured and later died in a home in Depot Hill will not proceed to trial until early 2023. Here’s why.

The case of Depot Hill murder accused Arthur James Spencer will not proceed to trial until early 2023, with his defence still waiting to receive a report from an independent pathologist, a court has heard.

In 2019, Mr Spencer was charged with one count of murder after his housemate, 56-year-old Edward Bashford, was found seriously injured in a room he rented on Campbell Street on April 16.

Mr Bashford died at the scene.

In the Rockhampton Supreme Court on September 5, defence barrister Scott Moon apologised to the court and said the independent pathologist report would not be available until November.

Detectives investigate the suspicious death of a man at Depot Hill in 2019.

At the last mention on June 7, Mr Moon had advised the report would be prepared in August.

“It turns out there was some miscommunication,” he said.

“I spoke to (the pathologist) in July.

“He ordinarily looks at the material and then does his report in the same week.

“It turns out he was in Europe for the whole month of August, which was not known to myself or my instructors and, for whatever reason unknown to me, it wasn’t on his list to do so.”

The court heard the case had been before the Rockhampton Supreme Court since September 2021, with the initial delay involving Legal Aid funding.

Justice Graeme Crow said he was very frustrated.

“There has to be more than one pathologist that can do this in Australia,” Justice Crow said.

“My time is just wasted because these experts aren’t available.

“The doctors expect everyone to jump around them and if they’re not available it can’t proceed.

“They need to be reminded that the court’s time, the juror’s time, is more important than their professional fee making opportunities or their time in their practice.

“We are doing our best to co-operate but it gets to a point where the whole system stops because doctors are too busy and that’s not acceptable.”

Crown prosecutor Joshua Phillips asked for the case to be mentioned next week to inform the court of witness availability to start the trial in January 2023.

Justice Crow adjourned Mr Spencer’s matter to September 15 and he was remanded in custody.