Police are yet to fly to Holland to test botanical evidence potentially linked to the murder of Colin Winchester, prompting claims that prosecutors have still not put their full case to David Eastman.
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Eastman is awaiting retrial for the alleged shooting murder of Assistant Federal Police Commissioner outside his home in 1989.
He has launched a stay application to prevent the second trial from going ahead, arguing it cannot be conducted fairly.
That stay application was due to begin on Monday, but was pushed back after Eastman's counsel, Christopher Boyce, SC, was diagnosed with a serious medical issue that rendered him unable to take any further part.
The removal of Acting Justice Anthony Whealy has also delayed the case, and prompted a search for a new judge to sit on the stay application.
Eastman's matter came back before the ACT Supreme Court and Registrar Annie Glover on Thursday.
The court heard that police are planning to fly to Holland so forensic experts can test botanical material linked to the case.
The prosecution said it was unsure when the Dutch experts would be able to prepare a report on the results.
But they argued it should not disrupt Eastman's stay application, which was due to occur on Monday, but is now tentatively expected to take place in November.
That was something strongly disputed by Eastman's defence, represented by Legal Aid ACT chief executive John Boersig.
Dr Boersig said it was essential Eastman knew the entire case against him before going into the stay application, and said the botanical material was relevant to that.
"We need to be able to argue the stay on what the Crown case will be," he said.
"We're not keen to see anything set down until we can see the Crown case that we need to address."
It also emerged on Thursday that the barrister
Mr Griffin played an instrumental role in the inquiry into Eastman's conviction, helping secure his client's release after more than 19 years behind bars.
But the court was informed that Mr Griffin, formerly a South Australian District Court judge, is likely to be unavailable this year.
That may rule him out of taking part in the stay application, which the court wants to bring on in November.
It may also pose difficulties for the Crown's counsel Murugan Thangaraj, SC.
The court will resume at a later date to consider available dates.
