Bourke St driver's brother still unwell

A magistrate has criticised police prosecutors for seeking an arrest warrant for the wounded brother of accused Bourke Street attacker Dimitrious Gargasoulas.

Angelo Gargasoulas is still recovering from a stabbing that preceded the deadly rampage that killed six people.

He was no longer in hospital at 5.30pm on Tuesday, but The Alfred spokesperson was unable to confirm when he had been discharged.

Earlier in court, Magistrate Felicity Broughton criticised police for seeking an arrest warrant after Gargasoulas had failed to appear on various charges, including property damage.

Ms Broughton said there was no basis for a warrant.

"Correct me if I'm wrong but he was the victim of a stabbing," she told Senior Constable Col McColl.

"You don't have to be Einstein to see that appears to be the situation."

Sen Const McColl had earlier told the court he did not think Gargasoulas would appear for his mention.

"My understanding is he was in hospital," he said.

"I have no instructions if he's been released from there."

Ms Broughton said she would give authorities two extra days to check on his welfare.

"On the face of it, he is the victim of a very serious crime," she said.

"I would expect the police position to be fully understanding of that."

The matter will return to court on Thursday.