THE defence for Rochester man Mark Williams has asked the court to throw out the charges based on a lack of evidence.
But the case has been adjourned for a further three weeks.
Williams, 51, appeared in Echuca Magistrates Court via videolink on Tuesday from Ravenhall prison charged with burglary and theft.
He is accused of stealing more than $10,000 worth of equipment from Kennaughs in Echuca in July, but the CCTV footage the police were relying on was corrupt.
Defence lawyer Richard Lawson said the question they had was a factual one.
‘‘The footage cannot be viewed on any of our equipment and the still images the prosecution has given us have no time stamps on them,’’ he said.
‘‘I invite my friend in the prosecution to withdraw the charges.’’
That idea was quickly quashed and a date was set for a contested hearing on February 21.
Police prosecutor Senior Constable Rachael Hitchens told the court the still images were taken from the CCTV footage.
‘‘The photographs were taken from the CCTV footage when it was working,’’ she said.
‘‘The informant is trying to get another copy of the footage from the victims.
‘‘The photographs show the accused entering and exiting a shed which held the stolen items.’’
Magistrate John Murphy was surprised the court could get a date so soon.
‘‘It is obviously in the interest of Williams to have it heard as soon as possible,’’ he said.
Williams will appear in person on February 21 at the same court.