TWO men accused of a murder in North Mackay - in which a samurai sword was allegedly used to stab a man to death - are preparing their cases ahead of a trial in November.

Mala Owen Geissler, 31, of Eimeo and Joshua Don Francis Wales, 26, of North Mackay have been charged with the murder of North Mackay's Tyrone Michael Baynton, who was aged 29, on October 11, 2015.

The pair faced Justice Duncan McMeekin in Mackay Supreme Court on Monday.

Mr Geissler and Mr Wales had not yet entered pleas to the charge of murder, as well as robbery with actual violence (armed and in company) and entering a dwelling with intent while armed.

A third man, Jeremy Kenneth Abell, has been serving a five-year sentence in relation to the death of Mr Baynton, after pleading guilty to manslaughter in 2016.

When Mr Geissler and Mr Wales faced Mackay Magistrates Court in March, Abell said he, Mr Geissler and Mr Wales had been "shocked" when a "blunt, ornamental" samurai sword was able to pierce the door of the residence after it was stabbed into the wood, allegedly by Mr Geissler, following a brief confrontation with Mr Baynton at a residence.

Abell told the court during that committal hearing the trio had driven to Mr Baynton's home, high on ice and marijuana, intending to rob him.

 

Forensic police on scene.
Forensic police on scene. Tony Martin

However, throughout that hearing defence barristers Tim Ryan and Lars Falcongreen questioned Abell's details of the night and initial witness statements - including clothes worn and weapons allegedly wielded - as well as methods used in the police investigation.

During Monday's mention, solicitors Chris Colwill, of the Aboriginal and Torres Strait Islander Legal Service appeared for Mr Geissler, and Danny Yarrow, of Legal Aid Queensland, appeared for Mr Wales.

The lawyers were asked by Justice McMeekin to gather information about potential defence witnesses to give to the prosecution (represented by Crown prosecutor Jacob Robson), as well as an outline of their argument ahead of trial.

Mr Geissler and Mr Wales were not required to appear for Monday's mention.

They remain in custody ahead of the November sittings in the Supreme Court. The case was due to be mentioned at that time.



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