Drug paraphernalia and a logbook were allegedly hidden in a tree by a truck driver after a crash that killed a mother and son, prosecutors have alleged.
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Ryan Kenny faces 24 charges including culpable driving and incriminating conduct over the fatal crash on the Murray Valley Highway at Brimin on November 2.
Amanda Kilmister and her 12-year-old son Harrison died in the crash, and her husband Paul was seriously injured.
Their two youngest children were also in the car, but not seriously injured.
Judge Gerard Mullally revealed in the County Court on Thursday that the incriminating conduct charge related to an allegation Kenny hid the drug paraphernalia and logbook - which truck drivers are required to use to record their driving hours - in a tree.
Kenny's barrister Ronald Gipp told the court the items were found about 200 metres from the crash scene and would argue they not be used as evidence in a trial to be held next year.
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The court previously heard the parties had discussed trying to resolve the case before it went to trial, but Kenny has denied the allegations.
"He certainly challenges the conclusions about a lot of matters," Mr Gipp said.
An independent crash expert to be used in Kenny's defence was due to report his findings by Thursday's court date, but that has now been delayed until February.
Mr Gipp said the police evidence would be seriously questioned because the Kilmister's Audi was destroyed before the defence expert could examine it in person.
The family are very keen to have this matter dealt with expeditiously.
- Prosecutor Sally Denham
Both he and Crown prosecutor Sally Denham agreed they would not be ready for trial by the tentative date booked for April 20 next year, so it has been delayed another six months and moved to the Wangaratta County Court circuit starting on October 20.
"It's not good, but it seems to be the only outcome," Judge Mullally said.
He said although the court usually tried to avoid having a trial on an anniversary date - in this case November 2 - "there's not much that can be done".
The trial is expected to run for 10 to 15 days and involve 37 witnesses.
"The family are very keen to have this matter dealt with expeditiously," Ms Denham said.
The case was adjourned for another directions hearing on April 30.
