Four Sydney police officers charged over the Taser death of a Brazilian student have lost a bid to have the case dropped.

Roberto Curti, 21, died in March 2012 after being chased through the city by 11 officers, held on the ground, repeatedly tasered and sprayed with capsicum spray.

He had stolen a packet of biscuits from a convenience store and behaved erratically after using LSD.

Eric Lim, Damien Ralph, Scott Edmondson and Daniel Barling, who pleaded not guilty to assault, tried to have a permanent stay put on the matter to stop it proceeding.

However, magistrate Mark Buncombe today ruled that the trial could go ahead.

The four men had argued some of the case against them was based on evidence that could not be used against them.

They argued they had been threatened with disciplinary action if they did not answer questions during "directed" or informal interviews.

Their lawyer, Bret Walker SC, previously told the Downing Centre Local Court the charges were partly based on evidence given under immunity at an inquest.

Prosecutors had argued the case could go ahead after a review of the brief of evidence.

Magistrate Buncombe said a local court could put a permanent stay on cases if it was appropriate to do so, and if there was no other way for the accused to get a fair trial.

However, he said the trial could go ahead, and there was no evidence the officers were suspected of a crime when they were compelled to give evidence.

The officers' legal team has indicated an appeal is likely.

The men were charged in December after Coroner Mary Jerram found the officers' actions constituted an abuse of police power and strongly recommended disciplinary action be taken against them.

The Police Integrity Commission also recommended the men be charged.

A trial date has not been set.