Detectives are still awaiting evidence which would allow them to decide whether a man accused of injuring a “happy-go-lucky” man should be charged with murder or manslaughter.

Darren Fell is charged with causing the grievous bodily harm with intent of Wayne Sheppard following an altercation around New Park Street in Devizes on July 2.

Mr Sheppard, 44, was rushed to hospital, but “passed away peacefully” at Swindon’s Great Western Hospital on July 8, his family said in a statement.

Fell, currently being held in custody, was brought to Winchester Crown Court on Friday (September 9) where he was told the police have been unable to obtain the forensic evidence to determine a precise cause of death.

“Those examinations will take time, months still at least,” prosecutor James Kellam said.

“There is a single histopathologist in England and Wales [qualified to perform the analysis], and she has a backlog unsurprisingly.”

The court faces a rush to fit any trial in before Fell’s custody time limit expires.

Suspects remanded in custody before conviction can be held for six months before prosecutors must apply to a judge for that limit to be extended.

In this case, the limit expires on January 3, 2023.

The Recorder of Winchester, Judge Angela Morris, remarked that “this is getting very close to the custody time limits” and has asked prosecutors to make a decision on charging by November 29.

The case will be called back to court for a hearing on that date.

“I’m conscious of the fact there is a man in custody and we have to try and work as speedily as possible,” Judge Morris said.

“If it can be done quicker, it must be done quicker, especially if there is a decision that a murder or manslaughter charge is to be pursued.

“I do understand the pressures that everybody is under, but we have to try and make every effort, particularly with people in custody, to ensure all due expedition.”

The 40-year-old was remanded into custody. He has not entered a plea to the charge of grievous bodily harm.

The incident took place near Fell’s address of Hewitt Court, on New Park Street, on the evening of Saturday, July 2.

Paying tribute, Mr Sheppard’s family said: “He was such a lovely son and father and always a happy-go-lucky bloke.

“He always helped out other people and he will be missed by all.”