The man accused of murdering five members of the Lin family will be released from Sydney’s Silverwater jail after being granted conditional bail by the New South Wales Supreme Court.
Robert Xie applied for bail on Monday, less than a week after his lengthy trial ended with the jury unable to reach a verdict.
Xie was charged in 2011 over the killings of newsagent Min Lin, his wife Lily Lin, their two children Henry and Terry and Mrs Lin’s sister Irene at their North Epping home in July 2009.
He denies the charges.
Justice Elizabeth Fullerton set conditions that Xie must reside at his home and can only travel to other premises for legal and health appointments.
He will also be subject to electronic monitoring and is required to surrender his passport.
Justice Fullerton told the court that Xie had spent four years, seven months and three days in prison.
She noted submissions that discussed his deteriorating mental and cognitive health.
Xie was in court, as was his wife Kathy Lin, who grasped the hand of a Salvation Army officer sitting with her when it was outlined that bail would be granted.
Outside court Ms Lin made a brief statement.
“Thank you my legal team and thank you everyone [who] believes in my husband’s innocence, thank you very much,” she said.
Fourth trial may go ahead in April 2016
Xie will briefly face the Supreme Court on February 19 next year, with a tentative start for the trial on April 4, 2016.
He stood trial in NSW for nearly 10 months accused of using a hammer to bludgeon the victims to death.
It was the third time he had stood trial for the crimes.
Xie first stood trial in May 2014 but the jury was discharged for legal reasons.
A new jury in a second trial was also discharged, this time due to the ill health of trial judge Peter Johnson.
On December 1, Justice Elizabeth Fullerton discharged a third jury when they could not reach a verdict by a majority of 11 to one.
Mr Lin was Xie’s brother-in-law.
Xie was interviewed extensively by police not long after the deaths, and again the following year.
He was arrested and charged with the murders in May 2011.
-with Sarah Hawke, ABC