Defence lawyer Charles Richardson's trial for defamation has been delayed — so the Supreme Court can decide if the offence he has been charged with is unconstitutional.Mr Richardson, 39, was accused in court last week of unlawfully publishing defamatory material about Detective Inspector Robert Cardwell in a Facebook post last May.Today he appeared again at Magistrates' Court, where his attorney Craig Attridge claimed the charge of criminal defamation — under part 12 of the Criminal Code 1907 — contravened a person's constitutional right to freedom of expression.He asked for the issue to be referred to the Supreme Court and for the criminal case against Mr Richardson to be delayed until the question was resolved.Senior Magistrate Archibald Warner agreed and adjourned the criminal matter until March 31.