Prosecutors want to run two separate trials in relation to the shooting death of Brendan Scott Welsh, with three men standing accused of involvement.
The ACT Supreme Court has heard it could be necessary to run a murder trial for alleged triggerman Kai Yuen, followed by a trial for conspiracy to commit grievous bodily harm.
The case has previously proceeded on the understanding Yuen and co-accused Todd Elphick and Cameron Ashcroft would all stand trial together, most likely next year.
The mammoth trial was slated to run between eight and 10 weeks.
Only Yuen is charged with murder; the other pair are currently accused of aiding and abetting Yuen to inflict grievous bodily harm on Mr Welsh. But prosecutor Shane Drumgold told Justice Hilary Penfold yesterday the office of the Director of Public Prosecutions was concerned about proceeding on the aid and abet charges without a principal offence of inflicting grievous bodily harm.
''We see there is a significant problem,'' the prosecutor said.
Instead the DPP proposes to sever the indictment, running first the murder trial and then the conspiracy trial involving all defendants.
It is alleged the three first came to an agreement to seriously hurt Mr Welsh before the fatal shot was fired.
Mr Drumgold asked the court for an adjournment to give the defence teams - including silks John Harris SC and John Purnell SC - a chance to consider the proposal.
Mr Welsh, 28, was shot dead in his car at the back of the Hughes shops in May 2010.
Yuen and Ashcroft are in custody but Elphick remains on bail.
Justice Penfold adjourned the matter until March.
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