A cardiologist’s report could determine the fate of Nicholas Paul Howland who is facing a murder charge over the death of a man at Lismore in 2016.
The 61-year-old from East Lismore was represented by his solicitor Hugh Van Dugteren at Lismore Local Court on Tuesday.
Police allege Howland killed his 55-year-old neighbour David Anthony Marriott, at 5pm, on September 2, following an altercation outside a unit block on College St.
Paramadics treated Mr Marriott at the scene, before he was taken to Lismore Base Hospital where he died a short time later.
But Mr Van Dugteren claims Mr Marriott’s death was due to medical reasons.
‘We will be arguing Mr Marriott died of a heart attack, not that my client killed him,’ he said.
He told the court all of the brief of evidence against Mr Howland had been received, except some medical material.
The court heard an autopsy report on Mr Marriott was received in December and some issues had to be clarified with the forensic pathologist who conducted the autopsy.
Once the issues with the report were clarified, a cardiologist’s report on Mr Marriott was requested.
Magistrate Michael Dakin agreed to Mr Van Dugteren’s request to vary Mr Howland’s police reporting conditions, from daily, to three times per week.
Mr Dakin adjourned Mr Howland’s matters until April 4, at Lismore Local Court, to allow time for the cardiologist’s report to be prepared.