One of two men charged over a cold case murder in south-west Victoria has allegedly told police how the victim was killed, and where the body was buried.
Christopher Jarvis went missing from his home at Wangoom near Warrnambool on June 13, 2006, but a tip-off from the public led to the arrests of Glenn Ernest Fenwick, 59, and Steven Frederick Johnson, 71, in November last year.
Both men have been charged with murder, even though Mr Jarvis' body has never been found.
Revelations that Mr Fenwick told police after his arrest where the body was buried in nearby Framlingham Forest emerged during a bail application for Mr Johnson in the Supreme Court on Friday.
Lawyers for Mr Johnson, who was granted bail, said their client maintained his innocence and rejected Mr Fenwick's version of events that he was involved in the killing of Mr Jarvis.
Prosecutors opposed Mr Johnson's bail application, arguing he could tamper with Mr Jarvis' remains if they were in the forest. They also raised concerns he could contact other witnesses in the case.
But Mr Johnson's lawyer Abbie Roodenburg described the case against her client as "very weak" and circumstantial, arguing he should be freed on bail due to his poor health, and concerns for his safety in prison.
"This is not a man who is able to go out to the forest and do heavy lifting and digging," she said.
Allegedly killed over rent dispute
Police allege Mr Fenwick told them during his interview that in the early hours of June 13, 2006, he was asked by Mr Johnson to accompany him to Mr Jarvis' house.
Mr Johnson was Mr Jarvis' landlord at the time and the pair had been in a stoush over unpaid rent that was the subject of claims and counterclaims that were soon to go before the Victorian Civil Administration Tribunal.
Prosecutors allege Mr Johnson and Mr Fenwick assaulted Mr Jarvis outside his house, striking Mr Jarvis to the back of the head with an imitation firearm, before pinning him to the ground and hitting him in the head with a baseball bat.
They then allegedly used Mr Jarvis' car to dispose of his body in Framlingham Forest before taking the car to Thunder Point in Warrnambool and setting it alight.
Mr Fenwick has taken police to several sites in Framlingham Forest to locate the body, but has been unsuccessful so far.
The court heard analysis of the baseball bat found in the destroyed car did not contain DNA from either of the accused.
Mr Johnson also claimed someone was trying to frame him by leaving an imitation firearm inside his front gate. Police found the weapon the following day.
Prosecutors oppose bail
Prosecutor Mark Gibson opposed Mr Johnson's application for bail over concerns he would try to influence witnesses or tamper with evidence.
Mr Gibson raised concerns Mr Johnson might travel to Framlingham Forest, near his home, and attempt to tamper with the alleged location of Mr Jarvis' body.
The court heard Mr Johnson rang Mr Fenwick after an interview with police in November last year, telling him, "The shit's hit the fan".
Police allege the surveillance also revealed Mr Johnson's desire to contact one of the witnesses in the case, but Mr Johnson claimed it was so he could find out which police officers the witnesses had spoke to so he could contact them.
On the day of Mr Jarvis' disappearance, prosecutors allege Mr Johnson graded the driveway of the property scene to cover up the killing.
Trial may not occur until 2024
Justice John Champion agreed there were "exceptional circumstances" to allow Mr Johnson to be freed on bail, including that it may take another 18 months for the case to progress to a Supreme Court trial.
Mr Johnson's wife posted a $500,000 surety, which would be forfeited if he breached any bail conditions.
The conditions include not contacting any witnesses other than his wife, abiding by a nightly curfew, wearing a 24-hour GPS tracker, reporting to police three times a week, and agreeing not to go within five kilometres of Framlingham Forest.
Justice Champion said Mr Johnson had been threatened at knifepoint while in custody and had been transferred into another unit where he was placed in lockdown 23 hours a day for his own safety.
He also took into account Mr Johnson's poor health, which featured a litany of ailments, including chronic neck and back pain, sleep apnoea, depression and post-traumatic stress.
Prosecutors submitted that Mr Jarvis' family "strongly opposed" to bail being granted, and were fearful of running into him while in Warrnambool.
Mr Johnson was taken back into custody and will be released once his GPS tracker is fitted.
The case will return to court in Warnnambool on June 16 for a committal hearing.
Family hopeful of answers
Outside court, Mr Jarvis' son Cale and stepdaughter Nicole Raitt said the family continued to hope for answers.
"At the end of the day we're just looking for peace. We want to find the remains," Cale Jarvis said.
"It's been 16 years we've been waiting and wondering.
"He was just a father. We want what everyone else gets, to put your loved ones to rest."
