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Wednesday, October 21, 2026

What happens next in court case for Helen Haines's accused attacker?

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It could be close to four months until the man accused of attacking Indi MP Helen Haines faces court again.

In the meantime, police and lawyers are likely to be very busy.

Brendan Nugent's first court appearance on Wednesday played out in similar fashion to most filing hearings in Victorian magistrates courts.

The 43-year-old was brought into the Wangaratta Magistrates' Court dock by security guards, but was not required to speak or enter a plea.

Police officers surround a police van, with Brendan Nugent sitting inside.

Police detained Brendan Nugent on Murphy Street in Wangaratta. (Wangaratta Chronicle: Bailey Zimmermann)

No details of his alleged offending were aired and the charges were not even read out in open court.

He was remanded in custody and taken to the Melbourne Assessment Prison.

No application for bail was made on Wednesday.

If one was made, Mr Nugent's lawyers would need to prove there were compelling reasons for his release and the risk to the community was not unacceptable.

What do we know about the police brief of evidence?

On Wednesday, Magistrate Allison Vaughan gave police a Christmas Eve deadline to serve the brief of evidence on the defence.

A committal mention hearing was set for February 4, 2027.

Mr Nugent's lawyer, Chirag Patel, told the court his client had a rare neurological condition and orders were made so that Mr Nugent could be seen by a doctor.

Victoria Police's Special Investigation Unit is in charge of the case, and the brief of evidence it submits could be lengthy.

Bouquets of flowers adorn a glass window on a streetscape.

Members of the Wangaratta community laid floral tributes outside the electorate office of Helen Haines. (ABC News: Annie Brown)

Typically, briefs contain police interviews, witness statements, security footage, downloads of mobile phone and computer data, and extracts of phone cell tower records. In Mr Nugent's case, it is likely police will scour the internet for his online posts.

Police can continue investigating and updating the brief past the December 24 deadline, especially if they need to order reports from specialists or request information from tech companies.

Usually, all relevant material gathered by police should be provided in full to the defence. That includes evidence which may weaken the prosecution case.

Once the defence has the brief, an accused person can decide how to plead to the charges.

What do we know about the charges Brendan Nugent is facing?

After holding Mr Nugent in custody for about a day, Victoria Police charged him with dangerous driving causing serious injury, intentionally causing serious injury and causing harm to a Commonwealth public official.

He is also facing charges of possessing and cultivating cannabis.

Even though the court process has begun, police are able to add, remove or modify charges.

A police commissioner standing in front of the AFP sign.

Commissioner Mike Bush speaks to the media after the alleged attack. (ABC News)

At a media conference yesterday morning, Victoria Police Chief Commissioner Mike Bush said further serious charges in relation to the alleged attack on Ms Haines were being considered.

Specifically, the Chief Commissioner was asked about a charge of attempted murder.

"That's always a consideration. Of course we have to locate and follow the evidence,"

Chief Commissioner Bush said.

To prove a charge of attempted murder, the prosecution must show beyond reasonable doubt that the accused intended to kill, their actions went beyond mere preparation, and they had no lawful excuse for their actions.

The state charges, dangerous driving causing serious injury and intentionally causing serious injury, are offences under Victoria's Crimes Act 1958.

A person convicted of intentionally causing serious injury faces the potential of a 20-year jail term. The dangerous driving charge carries a maximum penalty of five years' jail.

The causing harm to a Commonwealth public official offence is a federal crime.

Under the federal Criminal Code, the offence can be summarised as an offender intending to harm a Commonwealth official because of their role or something they did in it.

An attack on a politician carries a maximum of 10 years. It is a 13-year maximum if the victim is a federal judge, law enforcement officer or frontline worker.

What happens in a committal mention hearing in Victoria?

Given the nature of the allegations against Mr Nugent, it is highly unlikely the case will be finalised in the Magistrates' Court, which usually deals with less serious charges.

Mr Nugent has a committal mention hearing scheduled for February 4, 2027, at the Wangaratta Magistrates' Court.

However, it is possible the matter could be brought back for mention hearings beforehand, where updates on the legal case could be provided to the court.

At the end of the committal mention, a magistrate must ask Mr Nugent how he pleads to the charges before transferring the case to a higher court.

A man smiles in a social media photo with other faces blurred.

Brendan Nugent has a committal mention hearing scheduled for February 2027. (Supplied)

There is no guarantee that will happen on February 4, though.

Adjournments are common, often because police need more time to gather evidence, legal issues arise or the parties are negotiating.

Once the case has been transferred to the higher court, an accused person formally enters their plea again.

Committal mentions have taken on added significance in Victoria because law changes mean committal hearings rarely occur.

Committals served as "mini trials", with defence lawyers cross-examining witnesses and a magistrate assessing the prosecution evidence, before deciding whether it met the threshold to be sent to a higher court for trial.

Committals often revealed new details of prosecution cases, even though the material was sometimes highly prejudicial and had not been admitted at trial.

The law changes mean the prosecution case may only become clearer to the public once the trial begins or at a pre-sentence hearing.

The charges Mr Nugent is facing would likely be finalised in the County Court.

The exterior of Victoria's Supreme Court.

If police charged Brendan Nugent with attempted murder, it would result in the Helen Haines attack-related charges being moved to Victoria's Supreme Court. (ABC News: Shane Willner-Browne)

If he pleads guilty, more administrative court dates would be set before a pre-sentence hearing, where legal arguments are put forward and victim impact statements are read out. Afterwards, a judge would hand down a sentence.

If Mr Nugent pleads not guilty, pre-trial hearings would need to occur in the County Court ahead of a jury trial.

The same process would occur if police charged Mr Nugent with attempted murder, though that would result in the Helen Haines attack-related charges being moved to the Supreme Court.

Mr Nugent's case is well into the sub judice period, given police have laid charges and his first court appearance is complete.

There are limits on what the media can report about the allegations because a jury could one day have to decide the case.

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