Jurors in the Greg Lynn murder trial were reminded of a series of prosecutorial errors after returning to court to ask the judge a question.
The former Jetstar pilot pleaded not guilty in the Victorian Supreme Court to the murders of secret lovers Russell Hill, 74, and Carol Clay, 73, in the Wonnanangatta Valley in Victoria’s alpine region on 20 March 2020.
On Wednesday, Judge Michael Croucher told jurors they were able to watch recordings of Lynn and Senior Constable Paul Griffiths, a ballistics expert, giving evidence in court.
Greg Lynn to appear in the Supreme Court of Victoria
Secret lovers Russell Hill, 74, and Carol Clay, 73, died in the Wonnanangatta Valley in Victoria’s alpine region in March 2020.
The jury had asked the question before retiring for the day on Tuesday.
Telling jurors they could access the video recordings, Judge Croucher reminded them of a series of instructions he gave after closing speeches were given last week.
Judge Croucher told the jury they needed to remember their instructions on “fairness” as they re-watched the video evidence.
On Friday, Judge Croucher took aim at Crown prosecutor Daniel Porceddu for violating well-established rules of “impartiality” in his closing speech.
“Mr. Porceddu violated the rule of equity by presenting his arguments,” he told the jury.
“If Mr. Porceddu had asked Mr. Lynn these questions, if he had made these proposals, Mr. Lynn would have been able to respond powerfully and convincingly.”
The jury heard that Mr Porceddu made the mistake of making submissions in his closing speech that did not give Lynn a chance to respond while in the witness box last week.
“In evaluating the prosecution’s case on these matters, it should be noted that the prosecutor did not give Mr. Lynn… the opportunity to respond directly to these points,” he said.
“Because of this violation of the basic rules of fairness and because of the consequences of the violation, you can more easily reject the prosecution’s argument and you can more easily reject the inferences that the prosecution wants you to draw.”
Shotgun Police Say Greg Lynn Used to Murder Elderly Camper Carol Clay
Greg Lynn’s shotgun was equipped with a laser sight.
On Wednesday, Judge Croucher again told jurors that Lynn is presumed innocent and did not need to prove “anything” to them.
The jury was told they had to be convinced beyond a reasonable doubt that Lynn was guilty of murder to return such a verdict.
Judge Croucher told the jury that Lynn and Constable Griffiths had not been given the opportunity to respond to the multiple allegations brought to them by Mr Porceddu in his closing speech.
Judge Croucher said the jury needed to observe both the prosecution’s examination and the defense’s cross-examination of both witnesses to “get the full picture”.
The court heard the jury was granted access to more than five hours of video captured of Lynn and the ballistics expert, which they will review behind closed doors.
The jury retired to consider its verdict Monday afternoon and has now been deliberating for a full day and a half.
Senior Constable Griffiths had previously told the jury he found the 12 gauge bullet on March 2, 2022 allegedly used to kill Ms Clay at the location where her burnt out campsite was found.
The mangled slug was further found to contain fibers and “biological material” believed to be that of Ms Clay.
The jury previously heard claims that the bullet that killed Ms Clay blew out the passenger side mirror of Mr Hill’s Landcruiser before hitting Ms Clay in the head.
‘As quite a bit of time had passed, we had to use a sifting technique. So we went down about an inch in that area,” she said.
Using a metal detector, the detective located glass fragments and the bullet, he told the court.
“It was a projectile fired with a significant amount of impact damage,” Officer Griffiths said.
Another search a week later turned up more alleged evidence, including bone fragments.
Police believe the side mirror of Russell Hill’s car was shot out (pictured)
Constable Griffiths said he was sent back into the bush in March 2022 in the hope of finding evidence that may have been overlooked before.
“The purpose was to look for other items and, from memory, find cartridge casings… and other bone fragments,” he told the jury.
His testimony was harshly attacked by Lynn’s attorney, Dermott Dann, KC.
During cross-examination, Constable Griffiths was criticized for not verifying Lynn’s story before conducting trajectory tests.
The jury heard that the detective had not used Lynn’s shotgun to conduct the tests, despite previously saying at a preliminary hearing that he had.
“This is just a failed exercise, isn’t it?” Mr. Dann said.
“It’s completely accurate,” was the response.
Lynn himself spent much of the day on the witness stand giving his version of events.
While Lynn has always denied murdering the couple, the jury heard he freely admitted to cleaning up the alleged crime scene and destroying evidence.
“It was despicable,” Lynn admitted.
‘All I can say to the families is that I am very sorry for all the suffering I have caused them… yes, I should be punished for it. For what I did.’
The jury heard that Lynn had offered to plead guilty to destruction of evidence before going to trial, but the prosecution had rejected her.
“I am innocent of murder,” he said. ‘I am innocent (also of homicide). I haven’t killed anyone.
Dressed neatly in a suit and dark-rimmed glasses, the former pilot spoke coolly and calmly as he explained to the jury the gory details of what police allege was a cold-blooded murder.
