Lawyer efforts to have the court hearing of two brothers shot by police during a counter terrorism incident at Barnawartha moved to Melbourne have failed, after the judge said he wanted the case to stay in Wodonga.
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Joshua, 31, and Joel Clavell, 20, appeared in Wodonga County Court on Thursday from Melbourne Remand Centre, where they have both been since they were arrested in June last year for charges including assaulting emergency workers, and making threats to kill.
They appeared from separate rooms over the video link.
Police were ready to proceed with the case, but Joel Clavell's barrister Melinda Walker said she needed more time to get a report for the plea hearing.
She said because of his age, "we'd be keen to have the matter heard sooner than than later".
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There was time available to hear the case in Melbourne in March or in Wodonga in May.
Crown prosecutor David O'Doherty said the police involved in the incident were based in the North East and the case should stay in the area where it occurred.
Judge Damian Murphy agreed, saying it was important to deter others from committing the serious offences, which would not happen if the case was lost amongst the other crime of Melbourne.
"It's a quintessential local matter. It made a lot of local coverage when it happened," he said.
"The locals need to know in the community that this is unacceptable."
Solicitor Michael Reardon said Joshua Clavell was still suffering from injuries and would prefer to stay in Melbourne than go through the pain of driving to Wodonga.
Judge Murphy said Mr Reardon could apply for Clavell to appear via video link rather than move the whole case.
"I know time's ticking on, particularly for the younger gentleman, but they're both facing pretty serious charges," he said.
A stand-off between the bothers and police occurred at Richardsons Bend on June 12, where the pair had been staying at a camping spot for about a month, was caught by body cameras worn by the officers called to the job.
Joshua Clavell drove a car in the vicinity of an officer, exposing them to danger, before assaulting an officer.
A police car was rammed during the incident, and a bullet hole could be seen in the side of the car.
One brother was shot soon after leaving their car, while the other one was shot after negotiations, capsicum spray and a Taser hit failed to subdue him.
The case was adjourned to Wodonga's County Court circuit starting on May 25.
