A magistrate has refused a police request to issue an arrest warrant for the brother of alleged Bourke Street killer Dimitrious Gargasoulas for failing to meet a court appearance.
Angelo Gargasoulas was due to appear before Melbourne Magistrates Court on Tuesday.
The charges Angelo Gargasoulas is facing are unrelated to those of his brother, who is currently charged with five counts of murder with more charges pending.
A sixth person, a 33-year-old Blackburn South woman, died in hospital on Monday night, 10 days after more than 30 pedestrians were hit by a car in Melbourne's CBD.
When Angelo Gargasoulas' case was called on Tuesday, a police prosecutor told the court police believed Mr Gargasoulas was still in hospital after he was allegedly stabbed by his brother on the morning of January 20, hours before the pedestrians were hit.
The prosecutor asked for an arrest warrant to be served for the no-show in court, but deputy chief magistrate Felicity Broughton refused the request.
Ms Broughton said that "you don't have to be Einstein" to work out why Mr Gargasoulas did not appear before the court.
"I would have thought the police position is to be understanding of where he is ... he could be the victim of a very serious crime," she said.
It is not known what charges Angelo Gargasoulas faces.
Ms Broughton refused a media request for access to the charge sheets given the accused man was not in court, and did not have a lawyer there.
The case was adjourned to Thursday.
Angelo Gargasoulas on Sunday posted a Facebook message sending his support to the families involved in the tragedy and urging Melbourne to "stay strong".
In the message he also wrote he was fortunate to be alive but had "some recovery time to do".
Dimitrious Gargasoulas, 26, is charged with murdering 10-year-old Thalia Hakin; Jess Mudie, 22; Matthew Si, 33; a 25-year-old man and Zachary Bryant, a three-month-old baby.
He is in custody and due to appear before the court in August.