Alleged killers in court as defence considers new report

TWO men remain in custody over the death of a 38-year-old man who was found unresponsive in the street in Ballina.

Two men charged over the alleged manslaughter of Aaron Marks remain in custody. Picture: NSW Police

DISCUSSIONS between the prosecution and defence in a Ballina manslaughter case are due to take place next month.

Bradley Presbury, 22, and Justin Anderson, 26, remain in custody charged over the alleged fatal assault of Aaron Marks last year.

They are each facing a manslaughter charge over the alleged fatal assault.

Mr Marks was visiting Ballina from Iluka at the time of the alleged incident and was originally from the Sunshine Coast.

The 38-year-old was found unconscious on River St, close to the Ballina RSL Club, in the early hours of Sunday, May 13 last year.

Mr Marks was initially taken to a Queensland hospital in a critical condition, but later died.

Neither of his alleged attackers have lodged formal pleas for the charges against them.

When the case went before Lismore Local Court on Tuesday, Mr Anderson's solicitor, Tracey Randall told the court the defence had obtained a document that would be significant when they met with the prosecution to discuss the case.

"It was adjourned for a case conference," Ms Randall said.

"This is my first appearance in the matter.

"We've obtained an expert report that will be relevant to the case conference."

The court heard the parties had proposed July 19 as a possible date for that conference.

When Mr Presbury's case later went before the court, the DPP prosecutor said the same date was proposed for a conference relating to his allegations.

Mr Presbury's solicitor, Rachael Thomas, told the court he was not required to appear by video link.

Neither of the lawyers applied for bail on behalf of the two accused, and it was formally refused by Magistrate David Heilpern.

Mr Anderson had applied for bail in April, but it was denied.

The pair are due to next face court via video link on July 24.