Sobbed ... Kathy Lin leaves the Supreme Court after her husband Robert Xie was refused bail. Photo: Steven Siewert
The man accused of using a hammer to kill five members of the Lin family will spend another Christmas behind bars after the decision to grant him bail was overturned.
Justice Stephen Rothman on Monday denied bail after the Director of Public Prosecutions appealed against Magistrate John Andrews's initial decision to grant bail to Lian Bin "Robert" Xie.
Mr Xie remained emotionless as a Chinese language interpreter in the Supreme Court of NSW told him Justice Rothman's reasons for refusing bail.
Killed ... Min "Norman" Lin and Yun Li "Lily" Lin.
Mr Xie’s wife Kathy Lin sobbed as a supporter helped lead her away from court amid a heavy media presence.
Mr Xie, 48, is charged with murdering his brother-in-law, Min "Norman" Lin, 45, Mr Lin’s wife, Yun Li "Lily" Lin, 43, her sister, Yun Bin "Irene" Yin, 39, and two boys, aged nine and 12, who cannot be named for legal reasons.
They were found bludgeoned to death in their bedrooms in a North Epping house, in north-west Sydney, on July 18, 2009.
Justice Rothman said he was not satisfied there were exceptional circumstances to grant bail.
He said the killings did not involve robbery, there was no forced entry to the home and added the killer would have to have known the layout of the house prior to the brutal murders.
"There are some aspects of the Crown’s case that are extremely strong," he told the court. However, the judge also said parts of the evidence in the case were "not strong", but this did not make the Crown’s case "weak".
Justice Rothman also raised concern there was a "significant degree of collusion" and "coaching" when it came to evidence for the defence.
He noted that Mr Xie had been in custody since his arrest in May 2011 and could face another year on remand until the expected three-month trial concluded in late 2013.
On Friday, during the appeal hearing, the senior Crown prosecutor, Mark Tedeschi, QC, said the conclusion that DNA evidence had weakened the case was wrong.
"If your honour considers all the DNA evidence ... the only real conclusion is that there are, deposited on the accused’s floor, the blood of at least four of these victims including at least one of the females," Mr Tedeschi told Justice Stephen Rothman.
Mr Xie’s barrister, Lester Fernandez, had argued "fundamental matters" in the Crown case could not be proved.