A NSW body modifier has admitted removing parts of a consenting woman's genitals, but whether this is against the law is an issue for his trial, a court has been told.
Brendan Leigh Russell admitted performing the partial excision of a woman's labia, crown prosecutor Chris Taylor told the NSW District Court on Monday.
But whether that counts as an offence of law will be the triable issue, he said.
"By and large the complainant ... consented to the excision of her labia by the accused, but you will see in the legislation that consent is no defence ... so there is no issue regarding consent."
The Central Coast tattooist who markets himself as BSlice DotCom is due to face a four-week judge-alone trial if it can be heard in person, his lawyer said.
Michael Mantaj indicated there would be an application to vacate the trial following the pre-trial hearing if proceedings had to be conducted remotely.
Both the Crown and Mr Mantaj had earlier indicated their concerns for a fair trial given the complex factual and legal issues and detailed expert documents to be shown on Cisco's WebEx system.
Judge Helen Syme said she had discretionary powers to approve in-court attendance but said vaccination status and Covid-19 negative tests would factor into that.
Russell, 40, has pleaded not guilty to the manslaughter of a woman, under whose skin he allegedly implanted a snowflake in early 2017.
When she complained of pain, Russell allegedly urged her to visit him instead of a hospital.
He also denies using a branding iron to mutilate another female customer's genitals in 2015 or causing grievous bodily harm to a third woman who sought a "tummy tuck" at his Erina tattoo and body modification business in 2016.
Whether septicemia was present and caused the manslaughter was another issue to be established beyond reasonable doubt, Russell's defence submitted.
The Crown said it would be calling upon at least 15 experts including infectious disease specialists, four pathologists and pharmacologists to speak on the topic so the matter should be determined at trial and not before, as the defence is requesting.
US body modifier Howard Rollins, also known by his moniker Luna Cobra, was found not guilty in 2020 of assisting Russell in a botched labia removal in January 2015.
In that case, the trial judge couldn't be satisfied Rollins was in the room, knew all the facts and circumstances, and had issued instructions to Russell excising the woman's labia.
Russell's pre-trial hearing continues.
