Police refused arrest warrant for injured brother of Bourke Street accused.

By Emma Younger.

A magistrate has refused to issue an arrest warrant for the injured brother of the accused Bourke Street killer, chastising police for not knowing whether he was still in hospital.

Angelo Gargasoulas was allegedly stabbed by his brother 12 days ago, hours before Dimitrious Gargasoulas allegedly mowed down pedestrians along Bourke Street in Melbourne’s CBD.

Angelo Gargasoulas failed to appear for a hearing in the Melbourne Magistrates Court today on charges yet to be released to the media.

A police prosecutor asked for a warrant to be issued for his arrest despite not knowing whether he was still in hospital.

It was refused by Magistrate Felicity Broughton, who said police did not need to be “Einstein” to know what the situation was, and that she expected police to be more understanding.

“He is the victim of a stabbing and in hospital … he may be the victim of a very serious crime,” she said.

“If you can’t tell me in those circumstances where he is then I see no basis to issue a warrant.”

The matter will return to court later this week.

Magistrate Broughton said she expected police to come with “proper information” about how the case should proceed.

This post originally appeared on ABC News.