THE fact Steven Michael Smith is the only remaining Yandina Seven member still in custody is irrelevant, a supreme court justice has told his lawyer.
"The fact that other people are granted bail doesn't mean Mr Smith can show changed circumstances," Justice David Boddice said.
"Mr Smith's in a situation where he brought an application before this court very recently and it was refused
"Your client was in a situation before where he was saying 'I would not disassociate' and now he is saying he that he has."
Mr Smith is charged with associating with more than one bikie gang member, which was made illegal under the Queensland Government's new anti-bikie legislation.
Lawyer Robert Butler, acting for Mr Smith, told Brisbane Supreme Court on Friday that the two-day hearing set down in Maroochydore for the alleged bikie gang members caught associating at the Yandina Hotel would have to be vacated.
He said there would be 160 witnesses, 30 hours of CCTV footage and it was now estimated the hearing would take three weeks with the next available date expected to be in August.
But Justice Boddice said the application was premature and adjourned it until Thursday, after a mention in Maroochydore next Wednesday.
"You're seeking to rely on the fact it's unlikely there'll be a trial for a considerable period of time," he said.
"Why should this court determine that now? Why should the application not be adjourned to see what happens at the mention next week?"
Justice Boddice said the application was unsatisfactory.
Update your news preferences and get the latest news delivered to your inbox.