Benjamin Carter, 21, and Benjamin Wilson, 26, did not appear in Armidale Local Court where the court heard five new charges had been laid against them.

Police allege Carter, who they claim is subject to a firearms prohibition order, was using a prohibited weapon contrary to a prohibition order, was armed with intent to commit an indictable offence and committed a s114 offence with a previous conviction after facial disguises were allegedly found in the vehicle he was travelling in.

He’s also charged with possessing a loaded firearm in a public place, possessing a shortened firearm and acquiring a firearm subject to a prohibition order.

Wilson is facing charges of committing a s114 offence with a previous conviction, armed with intent, as well as two charges of possessing a loaded firearm in a public place and possessing a shortened firearm.

“This is a matter that will be subject to an election,” Director of Public Prosecutions (DPP) solicitor Sarah Wilkin told the court, which could see the case head to the district court for trial of sentence.

Police allege the pair were intending to use the firearms to commit a serious offence before they were arrested in Guyra on March 19.

The court was told a partial brief of evidence against the accused had been served on their legal teams.

“We also note the brief is substantially incomplete,” Wilson’s solicitor Elizabeth Stahlut said.

“I do note that I do have several briefs of evidence that I can provide to my friend,” police prosecutor Senior Constable Cheryl Hall replied.

The pair made no application for bail and it was formally refused with the prosecution granted extra time to compile further evidence.

Last month, solicitors for Carter and Wilson told the court both men had “no knowledge of the firearms” in the vehicle and the first their clients’ knew of the firearms was when the police pulled them from the car they were travelling in during a stop and search on Bradley St about 10.30pm.