Former Jetstar pilot Greg Lynn is seeking to be released back into the community as he prepares for a retrial over the alleged murder of Carol Clay.
Lynn, 59, appeared before the Court of Appeal on Thursday over allegations he shot and killed retiree Carol Clay, 73, while she was camping in Victoria's remote Wonnangatta Valley in March 2020.
At the time, Clay had been camping with friend Russell Hill, 74.
Supreme Court judge David Beach said the Supreme Court could accommodate his trial as early as July this year.
'The court contemplates the trial will occur this year, not next year,' he said, adding that a judge, not him, is ready to hear it from July 13.
Criminal barrister Dermot Dann KC represented Lynn, who was also supported at court by his son Geordie and wife, Melanie - who were waving and smiling at Lynn before taking seats in the back row.
Dann KC submitted Lynn had been assaulted while spending an extended period in custody awaiting trial and argued Lynn should be bailed for 'exceptional circumstances.
The court heard Lynn has spent two years and three months on remand, which Dann KC said 'has to be factored into delay'.
Former Jetstar pilot Greg Lynn has made an application for bail after he was charged with murdering a retiree in Victoria's High Country
Lynn was supported by his wife Melanie and son Geordie in court
Lynn is accused of murdering Carol Clay (above)
'He is presumed innocent and has the right to liberty,' Dann KC said.
The court heard Lynn will live in 'stable accommodation' with his son Geordie if released.
'He's got a tight family unit … he's got a role to play in that family unit,' Mr Dann said.
Dann said Lynn's son was willing to use the equity in his $475,000 property, along with his 'life savings' of between $30,000 and $70,000, to fund the bail.
'We say it's significant that he's [Geordie] prepared to put up his life savings,' Dann said.
The court heard Lynn and his wife would be celebrating 22 years of marriage on Saturday.
He also said his client was vulnerable in custody and was placed in an isolation unit for a time while in jail.
Dann KC also submitted 'sensational, explosive' media coverage about Lynn's matter meant a fair retrial could not be held this or next year.
'He cannot possibly be thought to have a fair trial in the near future,' Dann KC said.
Criminal barrister Dermot Dann KC (above) represented Lynn
'It cannot be just to just have him sitting in jail and waiting for the damage to unravel somehow, only with the passage of time.'
Dann labelled the case against his client as weak and said Lynn would not be an unacceptable risk to the community if released on bail.
'A curfew, not to attend international points of departure … whatever it takes,' Dann suggested.
In response, the prosecution argued the 'high bar of exceptional circumstances' had not been met, and the 'bare bones facts' of the allegation were serious enough to deny bail.
That included Clay being shot in the head with a projectile from Lynn's gun while the elderly woman was near the rear wheel of a vehicle.
'It was his shotgun, he was present, and there was post-offence conduct which we submit was extreme,' Prosecutor Mark Gibson KC said.
'When you look at all those matters, open to conclude … that this is a case which is quite strong.
'A finding of guilt is well open [to a jury]. Bail should be refused.'
Supreme Court justice David Beach said a retrial would require a restriction on media reporting if it can be held in August without any further delays.
'I'd want clear air for six months before any trial,' Justice Beach said.
Gibson KC argued potential re-trial jurors can be instructed that if they feel they cannot make an impartial assessment of Lynn's case, they should be excused.
'You have this safety mechanism in place where confidence can be assured that the media reporting thus far, putting aside the six or seven months of clear air [before a potential retrial], will not result in an unfair trial to the accused man,' Gibson KC said.
Justice Beach indicated he would not be making a decision on the bail application on Thursday, instead taking a week to consider the matter, with Lynn to remain in custody.
