Australia - Russell Hill & Carol Clay Murdered While Camping - Wonnangatta Valley, 2020 #7

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www.dailymail.co.uk

Wealthy driver charged over beer garden crash is freed on bail

A man charged with killing five people after a car rammed into a pub beer garden has been granted bail in a powerhouse move that saw him employ one of Australia's top silks.
www.dailymail.co.uk www.dailymail.co.uk

Swales will walk from the Melbourne Assessment Prison where he is expected to return to the plush surroundings of his Mount Macedon home - north of Melbourne's CBD.

While Swale was represented on Monday during his initial bail hearing by lawyer Martin Amad, high profile criminal barrister Dermot Dann, KC had taken over his defence by Friday morning.

Mr Dann is regarded as one of the best criminal defence lawyers in the country and the man responsible for clearing the name of once convicted killer Katia Pyliotis.

He is also currently defending former Jetstar pilot Greg Lynn, who is accused of killing secret lover campers Russell Hill and Carol Clay.
 
TootsieFootsie said:
www.dailymail.co.uk

Wealthy driver charged over beer garden crash is freed on bail

A man charged with killing five people after a car rammed into a pub beer garden has been granted bail in a powerhouse move that saw him employ one of Australia's top silks.
www.dailymail.co.uk www.dailymail.co.uk

Swales will walk from the Melbourne Assessment Prison where he is expected to return to the plush surroundings of his Mount Macedon home - north of Melbourne's CBD.

While Swale was represented on Monday during his initial bail hearing by lawyer Martin Amad, high profile criminal barrister Dermot Dann, KC had taken over his defence by Friday morning.

Mr Dann is regarded as one of the best criminal defence lawyers in the country and the man responsible for clearing the name of once convicted killer Katia Pyliotis.

He is also currently defending former Jetstar pilot Greg Lynn, who is accused of killing secret lover campers Russell Hill and Carol Clay.
Click to expand...

I wonder who is paying for Dermot Dann.

Back in June, Dermot Dann told the court that legal funding was not in place. But they were exploring other options. One of the options was legal aid. Link

Then in August, the police froze any sale of GL's house.

imo
 
SouthAussie said:
I wonder who is paying for Dermot Dann.

Back in June, Dermot Dann told the court that legal funding was not in place. But they were exploring other options. One of the options was legal aid. Link

Then in August, the police froze any sale of GL's house.

imo
Click to expand...

I suspect Legal Aid has been granted quietly.

Otherwise the risk is that a permanent stay could be placed on proceedings until appropriate representation is provided.

See the link for the precedent case:

en.m.wikipedia.org

Dietrich v The Queen - Wikipedia

en.m.wikipedia.org en.m.wikipedia.org

MOO
 
Here is a podcast for some more info about Dermot Dann. There is only a mention of this case though I thought it may be interesting for some to understand who is representing GL.
The host paints Dermot Dann as a sort of heroic defence laywer who doggedly picks apart police investigations.
My belief is that the police have been extremely thorough in this case!
I also understand why GL has chosen the best in the business for his defence. He's going to need it!

podcasts.apple.com

Life and Crimes with Andrew Rule: Demolition Dermie on Apple Podcasts

Show Life and Crimes with Andrew Rule, Ep Demolition Dermie - 24 Nov 2023
podcasts.apple.com
 
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Bats said:
Here is a podcast for some more info about Dermot Dann. There is only a mention of this case though I thought it may be interesting for some to understand who is representing GL.
The host paints Dermot Dann as a sort of heroic defence laywer who doggedly picks apart police investigations.
My belief is that the police have been extremely thorough in this case!
I also understand why GL has chosen the best in the business for his defence. He's going to need it!

podcasts.apple.com

Life and Crimes with Andrew Rule: Demolition Dermie on Apple Podcasts

Show Life and Crimes with Andrew Rule, Ep Demolition Dermie - 24 Nov 2023
podcasts.apple.com
Click to expand...
Dermot didn't do to well with Josh Rider defence. Anyway, I feel there will be some agreement prior to the trial to plead guilty to a lesser charge. Although if there is any doubt about who the killer was then GL may walk.
 
ScottToorak said:
Dermot didn't do to well with Josh Rider defence. Anyway, I feel there will be some agreement prior to the trial to plead guilty to a lesser charge. Although if there is any doubt about who the killer was then GL may walk.
Click to expand...
Its definitely going to be interesting to see what happens in the lead up to the trial!

I'm not sure there will be any "plea bargaining" though. The reason being is since its likely that his defence (for killing Russell) is self-defence, it means he's admitted to killing him. That is, he either acted in self-defence or he didn't and if he didn't, then the only other option is murder. A lesser charge could be manslaughter but i don't think the prosecution would view Russell's death as being some stupid accident.
This is all before considering how Carol died. It will be interesting to hear GL's version of events. Personally, i can't think of a reasonable possibility whereby Carol is shot accidentally if neither Russell or GL is wanting to shoot her. MOO
 
Bats said:
Its definitely going to be interesting to see what happens in the lead up to the trial!

I'm not sure there will be any "plea bargaining" though. The reason being is since its likely that his defence (for killing Russell) is self-defence, it means he's admitted to killing him. That is, he either acted in self-defence or he didn't and if he didn't, then the only other option is murder. A lesser charge could be manslaughter but i don't think the prosecution would view Russell's death as being some stupid accident.
This is all before considering how Carol died. It will be interesting to hear GL's version of events. Personally, i can't think of a reasonable possibility whereby Carol is shot accidentally if neither Russell or GL is wanting to shoot her. MOO
Click to expand...

Dermot Dann managed to get GL's police interviews suppressed from the public, despite 4 lawyers from various media organisations petitioning against that. (The prosecution agreed with the suppression.)

It wouldn't surprise me if DD tried to get GL's interview comments to be inadmissible at trial.

Defence lawyers push to keep Greg Lynn’s ‘explosive’ police interviews a secret
 
SouthAussie said:
Dermot Dann managed to get GL's police interviews suppressed from the public, despite 4 lawyers from various media organisations petitioning against that. (The prosecution agreed with the suppression.)

It wouldn't surprise me if DD tried to get GL's interview comments to be inadmissible at trial.

Defence lawyers push to keep Greg Lynn’s ‘explosive’ police interviews a secret
Click to expand...
From the article...
"While details of what is said to have sparked any confrontation are yet to be made public, Lynn’s barrister this week focused on a theory that the shooting may have occurred following a struggle over a shotgun"
...I expect GL's barrister is is referring to the shooting of Carol here.

Hypothetically, if there were two people struggling over a gun and there was a cushion lying around nearby, by my calculation, the probability of the gun going off and hitting the cushion would be around 1 in 10,000. Also and obviously, the gun would need to be loaded, it would need to have its safety off, it would need to be cocked, someone's finger would need to be on the trigger and then the trigger pulled. On top of this, a human is not a static object and can move to reduce the possibility of being shot.

The suggestion that Carol's death could be accidental or incidental due to a gun randomly going off is not a reasonable one, in my opinion.
 
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JBowie said:
A common tactic suggested by defence lawyers to help their client from either falling asleep or doing other things considered not helpful to their case.
(This doesn't always work. Some may recall Rolf Harris being sanctioned for drawing cartoons in court.)
Click to expand...
I find all this note-taking by people on trial to be rather amusing. I remember Henri van Breda had so many notes that he had to haul boxes of them into court each day on a trolley.
 
emirates1957 said:
No hair dye…remember him on the staff crew bus. He is going very grey …. Ummm what a shame.
Click to expand...
Read in a newer article that he has turned completely grey. GEE the poor thing is stressed must have been lying awake at night having panic attacks for the past few years... oh wait, that was me...
 
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