Whether or not the victim of a fatal hit-and-run was already on the ground before being run over will be the basis of a contested hearing later this year.
Dale Kennett, 53, of Hamilton, appeared in Warrnambool Magistrates Court via video-link on Monday for a bail application.
He is charged with dangerous driving causing death, failing to stop and failing to render assistance.
Major Collision Investigation Unit detectives laid the charges over a March 10 incident in which a pedestrian was allegedly struck by a vehicle in Henry Court just after 3am.
The victim, a 48-year-old Hamilton man, died at the scene.
Mr Kennett was refused bail on Monday and remanded in custody.
Lawyer Adrian Lewin said there were "significant problems with the prosecution case", including whether or not the victim was already on the ground at the time he was hit.
He alleged the victim was intoxicated and lying on the road moments before he was struck and killed by Mr Kennett's vehicle.
Mr Lewin said the victim and another male had exited a taxi and while the victim lay on the ground, his friend banged on the window of Mr Kennett's car, where he was asleep inside.
He said the man was screaming and Mr Kennett, fearful the glass would smash, quickly reversed his vehicle and struck the victim.
But Detective Sergeant Stephen Hill, of the Victoria Police major collision investigation unit, said there was evidence of the vehicle "bumping" the victim before reversing and running over him.
"I have no issue that the deceased was lying on the ground, but the question is how he got to the ground," he said.
Detective Sergeant Hill alleged Mr Kennett had a high level of methamphetamine and cannabis in his system at the time of the alleged offending.
But Mr Lewin said his client consumed drugs two days before the incident and would not have been adversely affected.
The court heard Mr Kennett was on a corrections order at the time of the alleged offending.
He will appear in court again in October for a contested hearing which will consider evidence from four witnesses, including the taxi driver and the friend of the victim.
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