Daniel Andrews ?treason? case rejected as online court hearing descends into chaos

A private prosecution brought by a Victorian man against the premier, Daniel Andrews, has been struck out by the court.

The prosecution brought by Anthony Herman, alleging Andrews was "concealing an overt act of treason", was due to be heard in Myrtleford magistrates court on Friday morning.

It's understood the premier, who was this week ordered to test and isolate after coming into contact with a Covid-19 positive case, did not attend in person or online.

The online hearing cut out before the matter was heard but AAP has confirmed the case was struck out.

The magistrate issued an order noting "charge issued not served".

Criminal procedure rules require charges brought against a person be served on them. Magistrates have the discretion to discontinue proceedings where there has been a failure to comply.

In private prosecutions it's also possible for prosecutors to take charge over the proceeding.