A man accused of killing his "soulmate" wanted to fast-track proceedings towards his trial because he considered a murder charge "absurd" and one "he knows he is not guilty of", but the delay of a crucial piece of evidence has halted his bid.
Michael O'Connell, 42, appeared via phone in the ACT Magistrates Court after pleading not guilty to murder.
Alleged facts tendered to the court state that in April, he was at his partner's premises in Melba where they argued for nearly one hour before he jumped into a Mitsubishi Triton.
His partner, Danielle Jordan who is also known as Danielle Patricia Fleming, then jumped on the bonnet as he drove off.
Another woman, an associate of his partner who was with the pair, walked in front of the ute to try to stop it but had to take evasive action.
A short time later, she heard "a loud screech of tyres then a loud thump".
She ran towards the noise and saw O'Connell picking up his partner's body, "with blood covering both of them" and "a pool of blood" on the ground.
The defendant then took his partner to the emergency department at Calvary Public Hospital with CCTV capturing her appearing "to be limp and unresponsive".
His partner was transferred to the Canberra Hospital's intensive care unit where examinations determined she was unlikely to survive from the catastrophic head injury.
O'Connell, who the court previously heard worked full-time at a country club, was arrested at the Canberra Hospital before he told police he "had saved her".
He said that during his attempted getaway, he stopped and exited the Triton before his partner jumped on the rear tray then fell.
During his latest court session on Tuesday, defence lawyer Edward Chen applied to commit the matter for trial in the Supreme Court and to do so without committal proceedings and without the prosecution's consent.
Mr Chen's application, based on the Magistrates Court Act, argued that it was necessary or expedient to do so in the interests of justice.
He said O'Connell, who was initially charged with manslaughter, considered the murder charge "absurd" and was one "he knows he is not guilty of".
Mr Chen said that while there may be a case to be answered in relation to murder, his client believed the evidence would not prove him guilty, nor would it be strong enough to make him change his plea.
"He never intended to kill a person he described as a soulmate," he said.
"Ultimately he's the one that's paying and no one else for his time spent [in custody]."
Mr Chen said if the matter were committed, then it may be listed for a callover list in November, which would then mean it being listed for trial in early 2023.
As for the interest of justice, Mr Chen said that in addition to his client's interest, the courts have an interest in resolving the matter in a timely manner and that he still "cannot see why it causes them [prosecution] any prejudice for them to review the evidence after the matter is committed to the Supreme Court".
ACT Director of Public Prosecutions Shane Drumgold SC said "the matter is simply not ready to commit".
He said there had been delays in obtaining "the single most important piece of evidence", being the calculations of the vehicle's speed when the alleged murder victim fell.
Before Mr Chen addressed the interest of justice aspect, the director said the defence lawyer failed to do so and that he's "simply not made good" of his application.
Mr Drumgold said "there's simply no evidence" in relation to Mr Chen's argument about the delay in callover lists and that the prosecution had been given no notice of the application.
Magistrate James Stewart ruled against Mr Chen, saying that while it was "entirely understandable" that O'Connell was anxious for a fast trial because he was in custody, the next time the matter is back in court for committal is only three weeks away.
Mr Stewart agreed the evidence was crucial and said he was confident the matter would not miss the November callover list.
He adjourned the case to September 27 when O'Connell is set to appear via audio-visual link. The evidence is set to be served beforehand.
Mr Stewart said Mr Chen would be in a "stronger position to renew his application" if that plan did not eventuate.
