An accused murderer should be released on bail because the prosecution's weak case centres around an unreliable key witness, a barrister has argued.
Steven Johnson, 73, made the application in the Victorian Supreme Court on Thursday after he was charged in March with the cold case murder of Christopher Jarvis.
Mr Jarvis, 38, was last seen leaving his home in Wangoom, near Warrnambool, in Victoria's west, in June 2006.
His body has not yet been found but police believe it is buried in Framlingham Forest, a native woodland owned by an Indigenous trust.
Johnson was first charged with Mr Jarvis' murder in November 2022 but the charge was dropped in August 2023.
His alleged co-accused Glenn Fenwick ultimately pleaded guilty to the lesser charge of manslaughter after agreeing to make a statement to police against Johnson.
Fenwick, who could be released on parole as early as October, claims he joined Johnson in confronting Mr Jarvis over outstanding rent.
It's alleged Johnson struck Mr Jarvis in his driveway, threw him to the ground and then fired a starter pistol near his ear when he would not stop screaming for help.
Fenwick claims he only helped hold Mr Jarvis down and then load him into the boot of the car, before they all drove to Framlingham Forest.
It's alleged Johnson then struck Mr Jarvis to the head with a baseball bat before removing his clothes and burying him in a shallow grave.
Fenwick received a discounted sentence because he assisted police and will give evidence against Johnson in court.
Johnson's barrister Patrick Doyle SC argued there were real issues with Fenwick's evidence, given his account had changed over the years.
Mr Doyle pointed to an earlier claim from Fenwick that he and Johnson both "bashed" Mr Jarvis with a tomahawk and cut off his fingers.
Fenwick also previously described assaulting Mr Jarvis while he was in the boot of the car, the court was told.
Those allegations were not in the signed statement Fenwick provided to police, Mr Doyle noted.
The barrister said the discrepancies in Fenwick's story and the fact he made the statement to receive a discounted sentence would give the jury reason to pause.
"There are plainly problems with this crown case," the barrister argued.
"The case is weak and readily defensible."
Mr Doyle claimed there was limited other evidence connecting Johnson to the crime and there was a strong chance he would be acquitted.
The barrister also pointed to Johnson's old age, medical issues and previous good record on bail as reasons why he should be released from custody.
Prosecutor Jenaya Ellis argued the prosecution's case was far from weak, saying Fenwick's statement was compelling alongside the other evidence.
She noted an imitation pistol was found at Johnson's home during a 2022 search and he was seen grading Mr Jarvis' driveway hours after the alleged murder.
Ms Ellis also claimed Johnson was an unacceptable risk of trying to interfere with Fenwick or move Mr Jarvis' body if released.
Justice Rita Incerti is due to hand down her bail decision on Friday.
