Mr Pusey, who is alleged to have filmed Leading Senior Constable Taylor while she was critically injured, faced a directions hearing at the County Court on Friday, which heard his lawyers and prosecutors had discussed at length the accused man agreeing to plead guilty. He entered a plea of not guilty when committed to trial.
Prosecutor Robyn Harper said the outraging public decency charge remained a “sticking point”. Defence counsel Dermot Dann, QC, agreed and said the discussions between the sides were at an impasse.
Mr Dann said Mr Pusey was considering applying to have his case decided by a judge-only trial, rather than a jury, if an agreement couldn’t be reached through negotiation.
“My client is also giving consideration to a judge-alone trial if it can’t resolve,” Mr Dann said.
“That’s a front-of-mind consideration because the clock is ticking.”
Judge-only trials have been used in Victorian courts this year to keep the legal system moving while jury trials were suspended due to the coronavirus.
Accused people can apply for a judge-only trial if they choose and the option will remain even when jury trials begin again next week.
Many lawyers believe judge-only trials are a good fit for decisions on specific points of law and for cases that carry a degree of notoriety or high publicity.
Mr Pusey had his bail extended and is due to return to court for another directions hearing on December 15.
Mr Singh, 48, on Thursday indicated he would plead guilty to four counts of culpable driving causing death and other charges.
He remains in custody and is to return to court on December 3.
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Adam Cooper joined The Age in 2011 after a decade with AAP. Email or tweet Adam with your news tips.