Accused killer Greg Lynn seeks bail to live with son as lawyers apply for permanent stay in case | Victoria

A former airline pilot accused of killing a camper should be granted bail to live with his son before applying for a permanent stay in the case, a Victorian court has ruled.

Former Jetstar pilot Gregory Lynn appeared in Victoria’s supreme court on Thursday as his lawyers argued he should be released from custody for the first time in almost three years.

Lynn, 59, is accused of murdering 73-year-old grandmother Carol Clay in 2020. She was convicted of murdering Clay in 2024, but acquitted of murdering fellow camper and lover Russell Hill, 74.

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The Victorian court of appeal ruled in December that Lynn’s conviction should be overturned because of a serious miscarriage of justice at his earlier trial.

It was decided to hold a new hearing in the case.

On Thursday, Judge David Beach said a new trial could be heard in early July.

Dermot Dann KC, for Lynn, argued that it would be unfair to his client to hold the trial before 2028 and that he should be released on bail in the meantime.

Dann said Lynn’s son, Geordie, offered bail of more than $400,000 and that he would allow his father to live with him, also promising to notify the police if bail conditions were violated.

Dann said the prosecution agreed that Lynn did not pose an unacceptable risk of re-offending if granted bail.

“If we value the concept of a fair trial and are serious about it, how can we try this man under these circumstances,” Dann said.

“This can’t be about him sitting in jail and waiting for the damage to just sort of unravel with time.”

Beach noted that any application for a stay, whether temporary or permanent, must be heard by the trial judge in July.

Dann said that left him at 22 of sorts, given that the outcome of the postponement application would impact his bail bid.

But he said the interplay of unique circumstances in Lynn’s case meant he should be released from custody regardless of his impending stay application.

“This is a prosecution case that is rife with challenges and challenges…this collection of circumstances is unique, absolutely unique,” ​​Dann said.

“It’s a weak case.”

Mark Gibson SC, for the prosecution opposing bail, objected that the case was weak.

He said that when stripped down to his “bare bones” it was an “established fact” that Clay was shot in the head with Lynn’s shotgun while he was there, and that there was “extreme” post-criminal behavior involved at the time, making this a very strong case.

He said Dann had not persuaded the court that exceptional circumstances existed in the Lynn case, as there should have been for Lynn to be granted bail.

Dann stated that Lynn claimed Clay was accidentally shot at the campground.

Beach reserved his decision until March 5.