EXCLUSIVE
The family of murdered camper Russell Hill face the possibility of being excluded from providing victim impact statements at a pre-sentence hearing for former Jetstar pilot Greg Lynn.
Although Lynn, 57, was convicted of murdering Mr Hill’s secret lover Carol Clay, a jury found the killer not guilty of her murder.
Victim impact statements are traditionally reserved for those directly affected by a crime.
Last week in Victoria’s Supreme Court, the court heard that victim impact statements are likely to take up a full day of Lynn’s two-day pre-sentencing hearing planned for September.
A source close to Lynn’s legal team told Daily Mail Australia that Hill’s family faced a battle to be heard in court following the not guilty verdict in her death.
“They could still try to argue that he was the victim of an accidental murder,” the source said.
Lynn’s lawyers are currently discussing the matter with prosecutors, who are believed to be interested in allowing Hill’s family members to speak out against the killer in open court.
Lynn’s acquittal for Mr Hill’s murder had already devastated his grieving family, who have sought justice for his death.
Greg Lynn hopes to walk free from jail after appeal
The split verdict now also threatens to end up in the Supreme Court of Appeals, where Lynn’s lawyers will fight to have his murder conviction overturned entirely.
On Friday, Lynn’s lawyer, Dermot Dann KC, revealed he was in the process of compiling submissions asking Judge Michael Croucher to abort his client’s sentence until that appeal was heard.
Mr Dann told the court he believed sentencing his client would be difficult because of what he described as the “unsafe guilty verdict” returned by the Lynn jury at the trial.
The court heard that Lynn had been placed in solitary confinement inside the Metropolitan Remand Prison for his own safety, but now fears he will be targeted by inmates in whatever prison he eventually ends up in.
Mr Dann said the problem had worsened since the guilty verdict as several media reports revealed evidence that had not been shown to the jury.
“It’s an extremely rare application to do,” Dann said.
Lynn’s lawyer, Dermot Dann KC (left), is fighting to have his client’s conviction overturned on the grounds that the verdict was “unsafe.”
If granted, the “suspension” of the sentence could allow Lynn to apply for bail while his appeal is processed in court.
Mr Dann said a successful appeal could result in Lynn being freed altogether, without a new trial, because of doubts over whether he could get a fair trial given the significant publicity surrounding the case and the murder conviction.
“The chances of a fair retrial are non-existent,” Dann said.
The veteran lawyer said any jury would have been “tainted or poisoned” by the “inadmissible evidence” that has “flooded” news sites in the weeks since the verdict was handed down.
Mr Hill’s wife, Robyn Hill, said she felt paralysed with worry at the thought of Lynn walking free.
“We all had that horrible feeling about a week ago,” he said. 9News.
‘It’s only happened to me once before, when I had to report Russell missing.’
Carol Clay and Russell Hill died after an ugly encounter with Greg Lynn
The shotgun used by Greg Lynn to shoot Carol Clay to death
Russell Hill’s vehicle and the remains of his tent after Greg Lynn set it on fire
Ms Hill said she expected Lynn to spend at least two decades in jail for his actions.
“I hope he suffers for the rest of his life, I really do. I hope he has a great time in prison,” she said.
“I think he’s gotten off easy. I’d like to see him go to prison for 25 years and then I’d consider that as half that for Russell and Carol.”
The verdict was a hard blow for the Hill family.
In a statement released on the day of his surrender, the families of Mr Hill and Ms Clay said they were “devastated” that there was insufficient evidence to find Lynn guilty of both deaths.
“The verdict of not guilty in relation to the murder of Russell Hill is devastating. There was insufficient evidence to be certain as to how he died,” they said.
Daily Mail Australia has contacted the Public Prosecution Service for comment.