The case against a trio accused of fatally stabbing a man in the Nowra CBD has been described as "strong" as prosecutors continue to examine a years' worth of evidence.
The matters of two teenage boys, who cannot be named, accused of murdering Michael Kerr were mentioned at Port Kembla Children's Court for charge certification on Tuesday.
However prosecutor Tim George applied for an extension due to the "voluminous" amount of evidence being considered, that he says detectives gathered against the teenagers and co-accused, Warilla father Joshua Edwards, for 12 months.
Mr George described the investigation under Strike Force Lodder as complex and extensive - with the evidence including telephone intercepts and hours of footage still being served on all parties.
"Due to the fact the matter involves a deceased person, it's in the interest of justice to have the charge certification extended," he said, asking for six more weeks.
Charge certification is a process where a prosecutor provides a lawyer with a certificate, showing all of the offences they intend to proceed with.
One of the teenager's defence lawyers criticised the delay as this was the second extension that has been applied for.
"Respectfully your Honour, it's the police and DPP that bring these prosecutions, and they should bring these prosecutions within the time limit of 6 months of the arrest," the lawyer said.
"I don't respectfully think it's in the interest of justice to be adjourned any further."
The lawyer asked for charges to be withdrawn against one of the minors due to the delay.
Kerr, 51, was found by a witness lying face down on the roadway at Nowra Lane about 4.20am on January 4, 2022, according to previously tendered documents.
The court heard on Tuesday the minors were the "principals" in the alleged incident while Edwards was behind of the wheel of a white Mitsubishi.
Police will allege Edwards stopped the car in the Nowra CBD about 4.12am, while the two teenagers got out of the car and attacked Kerr.
It's alleged was stabbed by one of the teenagers before they returned to the car with $30 and Kerr's mobile phone.
A witness who saw Kerr called triple-0 and he was taken to Shoalhaven Hospital where he was pronounced dead.
The trio were arrested on January 25, 2023.
Magistrate David Williams acknowledged charge certification was long overdue and said the court could either adjourn the matter or dismiss the charges.
He granted the extension due to the strength of the case and the seriousness of the charges.
The two minors, who remain behind bars, are next listed to appear on December 19.
They are charged with murder, aggravated robbery with wounding or grievous bodily harm, attempted robbery in company, driving a conveyance without consent, and aggravated entering a dwelling while knowing people were there.
Meanwhile Edwards, who is also bail refused, will appear at Nowra Local Court on December 8 for his next mention.
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Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
