Daniel Horsfall, Nathan Elbourne front court over Grovedale altercation

Prosecutors have dropped the most serious charges against two men allegedly involved in a violent Grovedale altercation in January, but the case is not yet resolved.

Nathan Elbourne (left) and Daniel Horsfall (right) were charged following an incident in Grovedale in January.

Prosecutors have dropped the most serious charge faced by two men allegedly involved in a violent Grovedale altercation.

Daniel Horsfall, 25, and Nathan Elbourne, 20, appeared in the Geelong Magistrates Court on Friday for a special mention hearing following the withdrawal of attempted home invasion charges against the pair.

The Office of Public Prosecutions (OPP) were previously in charge of the case and the men were in the “committal stream” meaning they could have faced a jury trial in the County Court.

However with the most serious charge removed, the cases against both men are set to remain in the jurisdiction of the Magistrates Court and Victoria Police’s prosecution unit now has carriage of the case.

The charges stem from a January 3 incident, in which Mr Elbourne and Mr Horsfall, along with a 12-year-old boy, allegedly attempted to gain entry to a home on Church St in Grovedale.

An altercation occurred after the male occupant of the home allegedly confronted the trio.

Charge sheets released to the Geelong Advertiser reveal Mr Horsfall, who is on bail, was also charged with recklessly causing injury, intentionally causing injury and assault.

Mr Elbourne, who remains in custody and appeared in the dock, was also charged with recklessly causing injury.

On Friday, police prosecutor Kathleen Hewitt asked for both men’s matters to be adjourned to contest mentions to allow for discussions between the parties.

However, Mr Horsfall’s lawyer, Mary Foley asked magistrate Gerard Bryant to send the matter directly to a contested hearing to fight the charges.

Ms Foley said there was “no merit at all” in a contest mention, as she had sent two outlines to prosecutors describing “serious discrepancies” in witness statements and the “issues and problems” in the case.

“What’s it going to achieve?” she said, adding she was concerned about her client being “dragged back to court” unnecessarily.

Prosecutor Hewitt said it was not unusual for matters “of this complexity” to have a contest mention.

Mr Bryant said he understood Mr Horsfall was anxious to have the matter dealt with, but suggested he would prefer to send the matter to a mention.

“I’m very loathe to adjourn the matter to a contest … when there’s prospect of a resolution,” Mr Bryant said.

Jacob Mildren, for Mr Elbourne, told the court his client had been refused bail on two occasions but was vulnerable in custody but had supported disability housing available for him on release.

The matter was briefly stood down so the men’s lawyers could seek instructions.

Mr Horsfall will face a contest mention in August, while Mr Elbourne will face court again later this month.

Originally published as Daniel Horsfall, Nathan Elbourne front court over Grovedale altercation