Lawyer asks court to throw out delayed gel blaster case
The lawyer representing a woman facing firearms charges has asked the court to throw the case out.
Tayla Ashley Blundell, 25, from Tweed Heads, has not lodged any formal pleas to the 20 charges against her.
The charges arose from May 13 and June 12 last year and involve numerous counts of unauthorised firearm possession and four drug possession charges.
According to court documents, all of the items she is alleged to have possessed are "gel blaster" style guns, legal in Queensland but classed as a prohibited weapon in NSW.
Defence lawyer Kim Ivosevac said the court had the power to discharge Ms Blundell due to a delay, after the DPP asked for more time to file documents to progress the case in Tweed Heads Local Court on Friday.
Deadlines for this were in December and earlier this month.
Prosecutor Kate Biffen cited a drug analysis delay and said it was "in the interest of justice to grant the extension".
Ms Ivosevac said the current system was implemented by parliament "to move the committal process through the courts expeditiously … for the sake of both the system and the accused".
She argued the case against Ms Blundell was "not strong" and said there were no exceptional circumstances to warrant the delay.
"There is no DNA linking my client to the firearms," she said.
Magistrate Geoff Dunlevy acknowledged the case had "been on foot for quite some time" and was "relatively simple".
He also accepted the defence argument the allegations are on the lower end of the scale of seriousness, given the drug possession relates to small amounts and all firearms are "gel cap blasters".
"The court regularly has to wrangle with these matters because it is legal to purchase and possess these items in the state of Queensland, however in the state of NSW gel cap blasters are (classed as) firearms," Mr Dunlevy said.
But he found "the interests of justice are better served" by allowing the prosecution another chance to file the documents.
The matter will return to court on February 12.