INVESTIGATION: The alleged crime scene in Rifle Range Road the next day as police investigated.
INVESTIGATION: The alleged crime scene in Rifle Range Road the next day as police investigated. Frances Klein

HOSPITAL PASS: Magistrate warns hospitals on invasion trial

"LOOK Sunshine, you're going to be subpoenaed,” Gympie magistrate Chris Callaghan said yesterday, in a blunt warning to the Sunshine Coast Hospital and Health Service.

Mr Callaghan expressed his worsening frustration at the situation facing three men who have already been behind bars without trial for more than five months, because of delays in the availability of medical evidence from the Gympie Hospital and its parent organisation at the Sunshine Coast.

The three men, Kyle Andrew Alve, of Southside, Lachlan Patrick Muller, of Chatsworth and Mitchell Bennett Byrne, of Gympie, face charges linked to the alleged invasion of a Rifle Range Rd home on November 28, accompanied by claims of shooting and robbery.

Told that police still had not received a medical report on the shooting allegation, Mr Callaghan asked how hard it could be for a doctor to certify a gunshot wound.

"It's a wounding isn't it?” Mr Callaghan asked.

"How difficult is it to prove a person has been shot. One would have thought the skin might be broken.

"Are we going to leave these blokes in jail until a doctor's ready to give a statement?

Told that police would have to submit another form requisitioning a medical statement, Mr Callaghan said: "You'll need to put a note on the form to the medical superintendent at the hospital saying, 'Look Sunshine, you're going to be subpoenaed to appear in court and you can have a whole morning out of your no doubt very busy schedule.”

Adjourning the case to May 20, just shy of six months since the men were arrested, Mr Callaghan said this would give police three weeks "to sort it out.”

"Otherwise we'll set it down for hearing.

"It's coming up to the six-month anniversary.

"That's ridiculous when there are people in custody,” he said.

Earlier this month, Mr Callaghan blasted "unbelievable” delays forced on his court by slow moving bureaucracies, including at Gympie Hospital and its parent Sunshine Coast organisation. "Stunning bureaucracy,” he said after being told of the medical report which had not been provided.

Police told the court of a backlog in obtaining statements from doctors at Gympie Hospital, with liaison through the Sunshine Coast hospital system.

The charges also include entering a a dwelling with criminal intent, robbery with violence while in company and acts intended to cause grievous bodily harm.