JAMIE Cust, the man accused of murdering a co-worker at Scone last year, has made a failed bid for bail, with his solicitor claiming the delays in his case were "out of the ordinary".
Jamie Cust, 21, waved to his family in the public gallery of Tamworth Local Court on Wednesday after his application for bail was refused, 10 months after he was charged with the murder of 41-year-old fellow meat worker Jesus Bebita.
Mr Cust, who appeared in court via audio visual link from jail, is accused of murdering Mr Bebita at a home in Parker Street at Scone on December 18 last year.
The pair knew each other and were coworkers at the Scone meat works, JBS Australia.
Mr Bebita was also one of the Australian Meat Industry Employees Union (AMIEU) Newcastle & Northern NSW Branch's leading delegates and before coming to Australia in 2013 was a school principle in The Philippines.
It is understood that Mr Bebita suffered traumatic injuries in the flat in Parker Street between 3am and 4:15am on December 18.
About 6.30am that day, Mr Cust went to Muswellbrook police station and "provided information" that led police to the house and Mr Bebita's body.
Mr Cust was charged with murder and has remained behind bars.
But on Wednesday he made an application for bail, after the prosecution asked for another adjournment before the charges could be finalised.
Legal Aid solicitor Wendy McAuliffe said the ongoing delay was "out of the ordinary" and meant Mr Cust should be granted bail to prepare his case.
She said Mr Cust had the support of his family.
"They're in court on every occasion," she said, adding Mr Cust would "reside with members of his family", effectively under "very restrictive house arrest", if he were to be released.
Magistrate Julie Soars pointed to cases that said delays before trial had "to be out of the ordinary" for bail to be considered.
Ms McAuliffe said the case wasn't ready for charge certification, a process where the charges are finalised, nearly 12 months after Mr Cust's arrest.
"That would place this matter in the realms of 'out of the ordinary'," she said.
Ms Soars said while she did hold concerns about the delay, there was nothing out of the ordinary about the progress of the matter and said Mr Cust had not shown why his continued detention was not justified.
The matter was adjourned until November 27 in Tamworth Local Court.