A Hamilton Hill man charged alongside his brother with the murder of businessman Peter John Davis may not stand trial at the same time as his sibling, a Perth court was told this morning.
Xavier Gerard Clarke, 46, was charged earlier this month with the murder of Mr Davis whose body was found in a car boot outside a Rivervale motel in May 2011.
Ambrose John Clarke, who was charged with Mr Davis’ murder in September 2011, was due to stand trial on May 27.
Police allege Mr Davis was lured to Malaga where he was confronted about money allegedly owed from a business agreement.
Xavier Clarke appeared by video link in Stirling Gardens Magistrate’s Court this morning where his defence lawyer Adam Hills-Wright advised the court it was not possible that his client would be able to stand trial by May.
“The prosecution brief… is literally enormous,” he told the court.
Mr Hills-Wright said there were 30 lever arch files and four terabytes of digital information in the prosecution’s case and it would not be possible to receive and consider that amount in information by May.
He requested a four-week adjournment for legal advice.
Xavier Clarke, who is in custody at Hakea Prison, will reappear in Stirling Gardens Magistrate’s Court on March 27.His brother is due to reappear in the Supreme Court on March 7 for a status conference.
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