Manslaughter query if camper killer faces fresh trial
Emily Woods |
Appeal judges have asked prosecutors whether they will pursue ex-pilot Greg Lynn for manslaughter over the death of a camper after being cleared of his murder.
Lawyers for Lynn, 59, on Thursday argued his 32-year maximum jail sentence for the murder of Carol Clay was manifestly excessive in Victoria’s Court of Appeal.
In a split verdict in June 2024, a jury found Lynn guilty of 73-year-old Mrs Clay’s murder at a remote campsite but not guilty of the murder of her secret lover Russell Hill, 74.
Lynn, who maintains his innocence, admitted he moved and burned the two bodies but claimed their deaths in 2020 were both accidental.
His barrister, Dermot Dann KC, previously said the jury’s guilty verdict was unsafe and made on “unsatisfactory grounds” as he claimed the prosecution had conducted an unfair trial.
Mr Dann accused trial prosecutor Daniel Porceddu of having “played outside the rules” and said he had “chickened out” while questioning Lynn as he gave evidence to the jury.
The appeal was opposed by Director of Public Prosecutions Brendan Kissane, who said the trial was not unfair and defence should have applied to discharge the jury if they believed it was.
Mr Kissane did not appear at the court on Thursday for Lynn’s challenge of his prison term because he had another commitment, prosecutor Kathryn Hamill said.
Appeal court justices Phillip Priest and Peter Kidd asked Ms Hamill to speak to the director about several questions in the event Lynn faces a retrial, but stressed the court had not yet come to any conclusions on Lynn’s appeal prospects.
“One would assume on any retrial that verdict or acquittal of murder in relation to Mr Hill could not be traversed?” Justice Priest asked.
“Yes that’s accepted,” Ms Hamill said.
However, she said she would need to speak to Mr Kissane and provide a note to the court about three other questions.
This included whether the prosecution would offer manslaughter as an alternative offence over the death of both Mr Hill and Ms Clay in the event of a retrial.
Ms Hamill said her “personal opinion would be that would not occur” in relation to the manslaughter charge over Mr Hill, for whom Lynn was acquitted of murder.
But she asked to be given time to discuss this with Mr Kissane and said she could not answer the query in relation to a manslaughter charge over Ms Clay’s death.
Justice Kidd asked Ms Hamill whether the prosecution would rely on a motive for Ms Clay’s killing, if there were a retrial, which Ms Hamill also took on notice.
She was given until the close of business on Thursday to hand the court a note in response to the judge’s questions.
On Lynn’s sentence appeal, Mr Dann argued his client’s 32-year term, with a non-parole period of 24 years, for Ms Clay’s murder was “manifestly excessive”.
He said this was because of a number of limitations and mitigating factors put to sentencing judge Michael Croucher during pre-sentence hearings.
Mr Dann argued Lynn’s age, circumstances in custody, remorse, rehabilitation and co-operation with police were not properly taking into account as a mitigating factors.
He claimed Lynn’s sentence was “in the highest echelon of sentences in the standard sentence era, for a single murder committed without pre-meditation”.
The appeal judges reserved their decision on Lynn’s appeals and will return at a later date.
AAP
