Defence counsel for alleged high country killer Greg Lynn say there would be no chance of a fair retrial for the 59-year-old in the near future as he sought release from custody at the Supreme Court in Melbourne on Thursday.

The former pilot appeared for a bail application, looking to be released to his son’s home and leave custody for the first time since charges were laid in November, 2021 over the deaths of elderly Wonnangatta Valley campers Carol Clay and Russell Hill in March 2020.

At a public trial in November 2024 Lynn was sentenced to serve 32 years behind bars after being found guilty of murdering Ms Clay, but was acquitted for the killing of Mr Hill.

The 59-year-old has maintained his innocence, saying the couple's deaths by a knife and rifle were tragic accidents following separate struggles at the remote campsite of Bucks Camp.

He admitted to moving the pair’s bodies to remote bushland and returning at a later date to burn them.

In December last year the Court of Appeal quashed the murder conviction of Ms Clay saying a miscarriage of justice was given due to “serious irregularities” throughout the trial.

A retrial was ordered and Lynn subsequently made his application for bail.

In court on Thursday, defence counsel Dermott Dann KC said his client had met exceptional circumstances for release due to his vulnerability in custody, a “weak” prosecution case and a significant delay in a retrial due to “prejudicial” media coverage.

“It cannot be just to have him sitting in jail and waiting for the damage to unravel somehow, only with the passage of time,” he said.

“We say the time is right, he is presumed to be innocent and has a right to liberty.

“He cannot possibly be put to a fair retrial in the near future.”

It is proposed Lynn would move back to his son’s home, who laid down his life savings and equity in his home as a bail guarantee.

Prosector Mark Gibson KC said the “high bar” for exceptional circumstances required for bail were not met and the “bare bone facts” of the case were too serious to allow release.

“It was his shotgun, he was present and there was post-offence conduct we submit was extreme,” he said.

Mr Gibson said a fair retrial could be achieved by the second half of this year after six to seven months of “clear air” from media coverage.

Justice David Beach adjourned the application and will consider his decision before returning to court on Thursday, 5 March.