Magistrate Raffaele Barberio, who is facing several criminal charges, fails to appear in court

A MAGISTRATE facing several criminal charges will appear in court next year after failing to show today due to ill health.

A MAGISTRATE facing several criminal charges will appear in court next February after failing to show for a mention today due to reasons including ill health.

Magistrate Raffaele Barberio was listed to appear at Moorabbin Magistrates' Court for the first time on two sets of charges.

But his lawyer Peter Ward told Chief Magistrate Ian Gray that his client would not be appearing and he would be asking for his bail to be extended in his absence.

Mr Barberio is charged with stalking, unlawful assault by hitting and threatening to throw dog excrement and damaging property.

Mr Ward said the prosecution had accepted defence documentation as to why Mr Barberio was not appearing.

The court heard reports included one from a cardiologist.

"There will be other reports of a health issue,'' Mr Ward said.

The court heard while the first police brief had been completed and served, the second brief of evidence against Mr Barberio was still being compiled.

The court was told forensic officers were examining CCTV footage from a security system hard drive and putting it on to a DVD.

"These aspects are still outstanding,'' said prosecutor Greg Elms.

The matter was adjourned until February 5 next year.

Mr Gray said an interstate magistrate would hear any eventual contest hearing.