FOUR men and a woman accused of the brutal gang-bashing murder of James Callahan at Hamilton will have to wait more than a year before facing a lengthy trial in Newcastle Supreme Court.
Ryan Sampson, Jason Talbot, George Fernando, Dianne Fernando and Frank Allen appeared in NSW Supreme Court on Friday and pleaded not guilty to murder over the death of Mr Callahan in Beaumont Street on November 17, 2024.
Due to the eight-week estimate and the availability of counsel for the five accused, the earliest date the trial could start is October 5, 2027, the court heard.
Sampson's sister, Alivia Muriel Briggs, 34, also appeared in NSW Supreme Court on Friday.
Briggs, who stabbed Mr Callahan in the chest during the attack, has pleaded guilty to murder and will be sentenced in Newcastle Supreme Court in February, 2027.
A seventh person, Teelah Cooper, is accused of assisting her boyfriend, Sampson, after the alleged murder by driving him away from the scene, selling the car and then fleeing to Queensland with him.
She has not entered a plea to being an accessory after the fact to murder and will next appear in Newcastle Local Court on Wednesday.
Police have said Mr Callahan was eating a meal after work about 2.15am on November 17, 2024, when he "simply made a comment to a group of people about littering".
He was then allegedly assaulted, followed down Beaumont Street and ambushed by a pack of people who shouted "smash him" and "kill him" as they stabbed, punched, kicked and struck him with a metal pole in a savage attack captured on CCTV.
After a lengthy investigation, detectives charged four men and three women over Mr Callahan's death.
What followed were significant delays in the local court, while lawyers awaited an autopsy report and sought to "establish the legal liability of each co-accused".
After more than 20 months since Mr Callahan's death, there was a major breakthrough in July when six of the accused entered pleas.
According to court documents filed as part of a bail application for Cooper, Mr Callahan was sitting on the footpath outside a kebab shop about 2.15am when a car full of people drove past and one of them littered out the window.
Mr Callahan said something to the group and a woman, alleged to be Briggs, got out of the vehicle and walked towards him.
Another man, alleged to be 35-year-old Frank Allen, also got out and, without warning, allegedly kicked Mr Callahan in the face while he was still sitting on the ground.
This triggered a short scuffle on the road but the groups separated after a police car drove past.
Over the next 15 minutes, detectives allege those involved in the initial fight with Mr Callahan regrouped, and carloads of people and others on foot followed him and his friend down Beaumont Street.
Mr Callahan and his mate were outside the Australia Post building when a man, alleged to be Jason Talbot, approached from behind as cars pulled up and people got out.
One man, alleged to be Allen, was armed with a metal pole, while Briggs allegedly had a knife.
Those in the group allegedly shouted "smash that c---sucker" as Briggs stepped forward and stabbed him in the chest.
Others allegedly threw punches and kicks and struck Mr Callahan with a metal pole as he desperately tried to defend himself.
The entire attack was captured on CCTV and mobile phone footage and, at one point, a male voice could be heard saying "kill him".
While this was happening, a third car pulled up and it is alleged that Ryan Sampson got out, sprinted towards the group armed with a knife and, while Mr Callahan was on the ground, repeatedly stabbed him in the back and neck.
Detectives say Mr Callahan was completely defenceless and suffering multiple stab wounds, but the alleged attack continued.
The group then fled in three cars and Mr Callahan was rushed to hospital, where he was pronounced dead.
The group fled, but were arrested and charged over the following weeks and months.
