Scone murder: Jamie Cust denied bail in Tamworth court, accused of murdering Jesus Bebita in Scone in 2018

THE man accused of murdering a work colleague just before Christmas has had his first bid for bail denied, after 10 months behind bars.

Jamie Cust waved to family seated in the back of Tamworth Local Court on Wednesday morning, after his first bid for bail was denied, 10 months after he was first charged.

Cust, who appeared via video link from prison, is charged with killing Jesus Bebita in Scone in December last year.

Detectives allege Mr Bebita, 41, was killed at a Parker Street home in the early hours of December 18. It's understood he suffered traumatic injuries, and the pair were known to each other after working together at JBS Australia in Scone.

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Cust was arrested shortly after, when he presented to Muswellbrook police station. He has been in custody since.

Police prosecutor Sergeant Rob Baillie asked for a further one-month adjournment, and said the case wasn't ready to be certified.

The court heard a new solicitor had taken on the case for the DPP, but had been stuck in a Newcastle trial and had been "unable to say if the brief is compliant".

The court heard 10 volumes of the 14-volume brief had only been served last week.

"It's not a perfect situation, the prosecution understand that," Sergeant Baillie said.

Legal Aid solicitor Wendy McAuliffe said she was served with the 10 volumes of evidence at the same time and that was the catalyst for the bail bid.

"Essentially ... the ongoing delay in this matter," she said.

"Mr Cust was charged on the 18^th of December ... we are very quickly approaching the one-year anniversary."

Ms McAuliffe argued the brief had not been certified or confirmed, and hadn't progressed to the DPP, meaning it couldn't move to a higher court for at least another two months.

"That is a very long delay ... given the 14 volumes that is contained," she said.

"It can only be assumed that there is ongoing delays in the local court."

Ms McAuliffe submitted in the bail bid that it was "difficult" to take instructions on such a voluminous brief from a client in custody, but also Cust had the support of his family.

"They're in court on every occasion," she said, adding Cust would "reside with members of his family" - effectively under "very restrictive house arrest" - if he were released.

Ms Soars pointed to cases from higher courts that said delays before trials had "to be out of the ordinary" to be considered.

Ms McAuliffe said the case wasn't ready for charge certification, after almost 12 months.

"That would place this matter in the realms of 'out of the ordinary'," she said.

Sergeant Baillie said the delays weren't extraordinary.

"It's a complex charge, a very serious matter that carries life imprisonment," he said.

"A complex matter ... delays are inevitable."

He also told the court the doctor who did the post mortem had "passed away, sadly", and it had taken two months to obtain that report.

"The community would have an expectation that this matter is properly investigated," Sergeant Baillie said, adding the prosecution was "not satisfied" with the proposed bail conditions.

"It is unfortunate, the delay."

Ms Soars said Cust was "a gentleman with nothing on his record, a young man" who was "facing a charge of murder; it is a very serious charge".

Ms Soars noted "there have been delays", but it was understood no other brief items were outstanding.

"In my experience ... managing complex matters in this region ... unfortunately they do take longer than the ordinary DPP matter to prepare," she said.

"The briefs are often complex."

Ms Soars said while she did "have concerns on the delay and progress of this matter", she did not find that "the slowness of the progress" was out of the ordinary for a "complex charge", and Cust had not shown why his detention was not justified.

"I don't find it does today ... and I have to refuse Mr Cust bail today," she said, putting the prosecution on notice.

"That may not be the case in the future."

Ms Soars said the matter must proceed in late November or the solicitor with carriage must front court to explain the delay.

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