A man accused of taking part in a plot to kill the husband of his wife's friend in Sydney's southwest has been freed on bail.
NSW District Court judge Christopher Robison on Friday agreed to grant bail with strict conditions to Fady Houda, 24, after he had spent more than two and half years in custody following his arrest over the alleged kill plot.
Houda, his wife Monique Hayes, 25, and prison officer Sharon Yarnton, 50, have denied trying to murder Yarnton's husband, Dean, in a planned car fire or explosion at Picnic Point in February 2015.
They stood trial in May but the jury had to be discharged after the discovery of a deleted Facebook message between Hayes and Sharon Yarnton.
A new trial is set down for June 4, 2018.
Defence barrister Michael Pickin had told the court during the bail hearing that Houda was not at the scene when Mr Yarnton was allegedly left asleep in his petrol-doused ute with an open gas bottle in the back seat and another next to him.
Mr Pickin said the police theory that Houda was involved in the alleged plot was 'fundamentally flawed'.
He claimed police had misidentified Houda as the man in CCTV footage linked to the crime.
Mr Pickin said it appeared Houda had been charged based on guilt by association with his wife.
The defence barrister said the case against Hayes and Yarnton was a 'powerful one' based on the Facebook messages but there were no similar messages from Houda.