Gregory Lynn will remain in custody after losing his second bid for bail ahead of his retrial on a charge of murdering Carol Clay.
Lynn, 60, appeared at the Supreme Court on Tuesday for the second time in a week as Chief Justice Richard Niall rejected the former pilot's claims that his time behind bars had left him fearing for his safety.
Giving evidence in his own bail hearing last week, Lynn said he had been attacked by other inmates. He told the court he had been poked, spat on, had a milk bottle filled with faeces thrown at him, and kept in "draconian" conditions since his arrest in November 2021. He said tensions with other inmates had led to stretches in solitary confinement, work in a factory packing breakfast boxes for "peanuts", and a belief that others wanted to inform on him. "I am the victim here," he said.
Lynn maintains his innocence over Clay's murder and asked to be bailed to live with his eldest son, Geordie Lynn. He said he was willing to abide by any conditions imposed.
Crown prosecutor Mark Gibson KC opposed bail. Under questioning from Gibson, Lynn rejected suggestions that he might take his airline hostess wife's security pass and steal a plane if released. Defence barrister Dermot Dann KC argued for bail, citing the length of time Lynn had been on remand, the onerous conditions in custody and the availability of a $70,000 bail surety from Lynn's son.
Chief Justice Niall refused the application, rejecting the submission that any delay until retrial would be inordinate. Lynn was also refused bail by another Supreme Court judge earlier this year.
Lynn is expected to face a retrial next year on a charge of murdering Clay, 73, in the Wonnangatta Valley in March 2020.