A deaf man accused of murder has been released on bail because he was isolated and bullied in prison due to his "numerous and profound" disabilities.
Jake Royd Fairest, of Boronia, cannot hear or speak and can barely read or write.
He was being kept in protective custody, but has now been released on bail while he awaits his committal hearing next month for allegedly killing Robert Wright, 36.
Fellow prisoners bullied and taunted the 28-year-old after his arrest in January, the Victorian Supreme Court heard during his bail application on Wednesday.
Defence barrister David Gibson said Fairest was unable to properly articulate his complaints about the poor treatment to staff.
He has been spending almost all of his time alone in his jail cell with nothing but coloured pencils and paper to occupy him, the court heard.
Fairest has been intellectually disabled since undergoing aggressive chemotherapy for a brain tumour when he was seven.
He has an IQ of 60 and has never had a job.
Victorian Supreme Court Justice Mark Weinberg said there was not a clear definition of "exceptional circumstances" but if this case didn't qualify he didn't know what would.
Fairest has been charged with one count of murder along with Georgia Fields, 19, of Ferntree Gully and Warrick Toohey, 36, of Ringwood.
Mr Wright died in hospital several days after he fell about 12 metres from his apartment in Melbourne in January.
The crown alleges the trio was captured on CCTV discussing Mr Wright's death in AUSLAN sign language, however Justice Weinberg noted the defence says this cannot be relied upon.
"The deceased was seen dangling from the balcony held by the wrists by someone who then let him fall," Justice Weinberg said.
Because the charges are presented as a joint criminal enterprise it doesn't matter who caused the death, he said.
Mr Gibson said Fairest's disability affected his capacity for consequential thinking.
Justice Weinberg released Fairest on bail under the condition that he live with his father and not attend Flinders Street train station.
Fairest will return to court in August for a contested committal hearing.
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