Two men have been arrested and charged with manslaughter in relation to the death of Aaron Marks.
Two men have been arrested and charged with manslaughter in relation to the death of Aaron Marks.

Pair to defend charges over fatal street assault at Ballina

TWO men charged over an alleged fatal assault in Ballina will go to trial next year to fight the charges against them.

Bradley Presbury, 23 and Justin Anderson, 26, are accused of the manslaughter of Iluka man Aaron Marks.

Mr Marks, previously from the Sunshine Coast, had been visiting Ballina when he was found critically injured on a River St footpath early on Sunday, May 13, 2018.

The 38-year-old was taken to Gold Coast University Hospital, where he died three days later.

Mr Presbury and Mr Anderson, who have both pleaded not guilty to manslaughter, were set to go before a jury in June, but proceedings were delayed due to NSW Public Health orders.

Mr Presbury is also expected to defend a charge of acting with intent to pervert the course of justice.

 

Aaron Marks, of Iluka, was fatally assaulted at Ballina on May 12, 2018.
Aaron Marks, of Iluka, was fatally assaulted at Ballina on May 12, 2018.

 

He is also charged with one count of supplying a prohibited drug.

Their matters were briefly mentioned during the super call over in the Lismore District Court on Tuesday, where it was heard the trial was expected to take 10 days.

The court also heard there was no prospect of resolution between the parties, and the trial will move forward on March 15.

Meanwhile, Mr Presbury's defence barrister, Megan Cusack, told the court her client had made a plea offer to the drug supply charge if "the crown was willing to accept it".

 

Officers arrest two men at Ballina in relation to the murder of Aaron Marks.
Officers arrest two men at Ballina in relation to the murder of Aaron Marks.

 

But the Crown Prosecutor said that offer "can't be accepted".

Mr Presbury remains on bail, while Mr Anderson did not apply for bail and bail was formally refused.

A readiness hearing will also be heard on December 17 in the Lismore District Court.



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