Laws that were introduced by the state government in April paved the way for an accused person to seek judge-alone trials to keep the system functional. If Mr Combo were to seek a jury trial, it would have been unlikely to be heard before March next year.

“It seems to me that within the context of this legislation, the advantages of continuing on the business of the court and mitigating the serious issues of delay are powerful factors in favour of ordering a trial by judge alone,” Judge Kidd said in a written submission.

“I am also satisfied that it is in the best interests of justice that an order that the accused be tried by a judge alone be made.”

Mr Combo’s lawyers applied for his trial to be heard by a judge because they expected it to only be short, with just two men and one police officer giving evidence. His lawyers told the court that the trial would only be confined to a narrow issue of factual dispute.

The lawyers have also argued that as a young Indigenous man in custody, the uncertainty of not knowing his fate or a possible sentence was weighing heavily on Mr Combo.

Judge Kidd said while jury verdicts brought a unanimous decision, judges were trained to consider evidence impartially and were required to provide written reasons for verdicts.

“Judges are trained to bring an objective and dispassionate mind to frequently emotional subject matter, putting aside any prejudice,” said Judge Kidd about a jury-free trial.

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Prosecutors supported the defence application and said the alleged victim was impatient for the case to be heard soon. The trial will be heard by Judge Paul Lacava at a later date.