Greg Lynn appeal: high country murder conviction overturned | Victoria
Former pilot Greg Lynn’s conviction for murdering an elderly camper in Victoria’s highlands has been overturned in a stunning ruling by the state’s highest court.
Lynn, 59, was convicted of the 2020 murder of grandmother Carol Clay, 73, in June last year, but was acquitted of murdering fellow camper and lover Russell Hill, 74.
He was sentenced to at least 24 years in prison for Clay’s murder.
The Victorian court of appeal ruled on Thursday to overturn Lynn’s conviction and order a new trial in the case.
In their decision, the judges said: “Unfortunately, we conclude that the conduct of the prosecution lawyer so compromised the fairness of the applicant’s trial that it caused serious injustice.”
“Under these circumstances, the applicant’s conviction for the murder of Ms. Clay cannot be allowed to stand,” the decision said. “We allow [Lynn] permission to appeal his conviction; allow objection; put aside the conviction; and place a new trial order.
Without prejudice to any further bail applications, Judge Karin Emerton said Lynn would be remanded in custody until he appears before the high court on January 28.
Shortly after Emerton announced his appeal decision, Lynn stood at the podium and turned to smile at one of her sons who was in court.
Her son was sitting just behind Clay’s daughter Emma Davies, who was inconsolable after the verdict was announced. In October the court heard the former Jetstar pilot appealed his conviction on four grounds. He also appealed his sentence.
In written submissions submitted as part of his appeal, Lynn argued that a serious miscarriage of justice had occurred where the prosecutor “launched a sustained attack on the credibility of the case”. [Lynn’s] He “accounted” for this information without giving it to the former Jetstar pilot when he testified.
The jury, they claim, “took an impermissible route” in reaching its verdict.
Lynn also stated that the prosecution’s approach to the evidence of police ballistics expert Paul Griffiths was “a more serious departure from the rules governing the fair conduct of criminal trials” and that the guilty verdict was unsafe and unsatisfactory.
Lynn’s legal team, including solicitors Dermot Dann KC and Michael McGrath, left court without commenting on the possibility that Lynn could apply for bail.
Lynn’s son did not comment to the media.
The officer in charge of the investigation, Sergeant Brett Florence, did not speak about the verdict outside court but asked the media to respect the Clay and Hill families.
“If everyone left the families alone, they would be devastated,” he said.
The appeal was chaired by justices Emerton, Phillip Priest and Peter Kidd.
The short hearing ended within minutes. Wearing a crew uniform, Lynn arrived at court shortly before the verdict was delivered, holding a clear A4 plastic folder of documents.
He claimed the elderly couple died during a struggle at the campsite: when a shotgun accidentally discharged while Clay was wrestling with Hill, and when Hill accidentally went through the chest of a knife he was holding to attack Lynn.
