The future of a murder trial due to be held in Wangaratta hinges on Melbourne's battle to get coronavirus cases under control.
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Three witnesses had originally been scheduled to start giving evidence in the Wangaratta Supreme Court trial of Phillip Dunn this week, to be recorded and played for a jury in Melbourne when trials can resume.
Dunn, 60, and Darcy McNamara, 44, have been accused of killing Wangaratta man Nathan Day in July 2018.
Crown prosecutor John Dickie told the Supreme Court on Thursday that although there were no restrictions on witnesses attending court in Wangaratta, people from the victim assistance program were unable to attend this week.
"There would be no support in place for them, in terms of any professional support," he said.
"It is certainly not the prosecution's preferred approach."
And the Office of Public Prosecution last week said it would not force witnesses to travel into the Melbourne lockdown zone or prosecutors to travel to regional areas.
Justice Michael Croucher questioned the decision to not require prosecutors to attend regional areas, and Mr Dickie said the comment had been passed on to the director.
"While we're told over and over again that there are four exceptions to the general rule, I thought there was a fifth catch-all that included, among other things, the administration of justice - it must go on, or it can go on at least," Justice Croucher said.
"It sounds like it's not viable irrespective of that point because the director is not going to compel people to go to Melbourne."
The issues left him with no choice but to delay recording the evidence until the metropolitan restrictions were lifted.
"If it's not impossible, it's at least impracticable to conduct these pre-recordings at this time," he said.
"Time is getting away, but at the same time I'd prefer more satisfactory arrangements were in place for the examination and cross-examination of witnesses."
Dunn's barrister Diana Price said it was a regrettable situation with the tougher restrictions, but the evidence needed to be presented properly.
The case was adjourned for further discussions until August 17, two days before Melbourne's six-week lockdown was due to end.
"If things change remarkably in the positive in the meantime, it may well be that this could be brought on more quickly," Justice Croucher said.
"Let's hope things do change that way, although who knows what's going to happen - it may be that things get worse and we'll have to revisit things."
The lockdown is also likely to affect the timing of a hearing for McNamara, who has indicated he will plead guilty to a charge and is scheduled to appear in court next week.
