Police ask for arrest warrant on driving charges, magistrate allows adjournment

Several adjournments have been granted since December, 2022, in the case of Yves Muhumure Ndayisaba because of an Australian visa issue.

But prosecutor Sergeant Andrew Pike has submitted to Albury court registrar Wendy Howard that now might be the time for a warrant to be issued for his arrest.

The case was briefly mentioned before Ms Howard during the Albury Local Court callover.

It was then put before magistrate Sally McLaughlin, who effectively provided one last chance for some clarity to be obtained on when a visa might be issued by the Commonwealth Department of Home Affairs or for Ndayisaba to be able to provide instructions.

The court was told defence lawyer Mark Cronin had not been able to make contact with Ndayisaba, who is languishing in a refugee camp.

"It's a case where adjournments have been granted previously," lawyer Eva Medcraft, acting as agent for Mr Cronin, submitted to Ms McLaughlin.

"He's stuck in Rwanda due to visa issues."

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Ms McLaughlin was reluctant to further adjourn the case, but noted the case needed to move forward.

"I can't see how it can be in the interest of justice to continually adjourn matters," she said.

Ndayisaba, 27, remains on bail on second offence count of driving while disqualified in Albury on October 20, 2022, of driving with a mid-range prescribed concentration of alcohol, for a reading of 0.117, and a combined mid-range drink-driving and illicit drug, of cannabis, present in system allegation.

He attended a family wedding in Rwanda last year, but was the only member of his travelling party who was unable to return due to the lapsing of his visa.

The court was told there had been no updates on his visa status since correspondence from the department, from late May, was put before it in early June.

"We have received nothing further since," Ms McLaughlin said.

She said some of the matters might ultimately be able to proceed in Ndayisaba's absence.

Ms McLaughlin granted a further adjournment to August 23 to see whether in the meantime Ndayisaba could somehow provide instructions to his lawyer.

The department previously was unable to say when a new visa would be granted and, in turn, when a return date for Ndayisaba could be set.

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