Bail refused as David Bagster awaits retrial for 2011 unlawful killing of Valmai Birch

Appearing in Wollongong District Court on Wednesday, a lawyer for Bagster argued the 54-year-old was spending an unacceptable period on remand for a crime he may yet be found not guilty of.

The court heard Bagster's elderly mother was now terminally ill and was in palliative care, and that his father, who entered the courtroom with the aid of a walking stick, was also suffering multiple health problems.

"There is a real prospect that [Bagster's mother] might die during the period of his remand, and without him having the opportunity to have face-to-face contact with her," defence lawyer Scott Fraser said.

He proposed Bagster be placed under house arrest of an evening, and that he be banned from leaving his family's Kiama home at all unless in the company of his father.

The Crown opposed bail, arguing Bagster may interfere with witnesses if released ahead of his retrial.

"Mr Bagster was part of what can be described as a drug community in Wollongong. People knew of him, he knew where people converged, [like] the Wollongong train station. So despite any conditions the court may impose, he may rejoin that community and be aware of those people giving evidence against him, and where they are."

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The remains of Ms Birch, 34, were discovered in a wheelie bin inside her bathroom in March 2011.

Bagster was charged with her unlawful killing in October 2019, and faced trial throughout February this year. The jury was dismissed on March 4 after more than three days of deliberations failed to produce a unanimous or majority verdict.

Judge Andrew Haesler noted the case against Bagster was "not without its problems", but was a "relatively strong circumstantial case".

"It is the combined impact of those witnesses giving evidence that lends power to the prosecution case," he said.

"The proposed [bail] conditions would not and could not ameliorate that risk."

Bail was refused.

Appearing via AVL, Bagster let out an audible sigh at the magistrate's decision.

He is due to return to court for retrial from August 30.

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