Australia - Russell Hill & Carol Clay Murdered While Camping - Wonnangatta Valley, 2020 #9

[jjleroche]

Hell I questioned you guys a lot but the new blokes like a dog chasing a car.


Anyway re: the money situation and Melanie and his kids, he'd have a fair bit in super for them, enough for a house even if they lost their one. Even if he was on decent coin at 260k the tax man cuts that down a lot. If he was smart he'd have been contributing the maximum to his super and his family (I assume?) be able to claim thst given his situation? At least half of it.

He should have more than a million in there.

Yes. They're in a fine position compared to the loved ones of the victims, who will never have the opportunity to see the victims again, and IMO will be forever traumatised.
JMO

 

[TootsieFootsie]

I actually feel bad for the situation his wife and family have found themselves in through no fault of their own.
I don't think it's right or fair that they should be punished for his crimes.

 

[Sir_Loin]

I actually feel bad for the situation his wife and family have found themselves in through no fault of their own.
I don't think it's right or fair that they should be punished for his crimes.

May I respectfully ask. In what way are they getting punished? Are you referring to the potential victims of crime compensation claim that could be forthcoming?

 

[wallyworld]

A reminder that this is the part of the tape that the jury members requested to re-view.

Is this on record somewhere, that the Jury requested to review this part of the tape? Perhaps I have missed it.

 

[wallyworld]

May I respectfully ask. In what way are they getting punished? Are you referring to the potential victims of crime compensation claim that could be forthcoming?

For who?

 

[Bats]

When you watch the full police interview, at 15.41 which is near the end of the session when Detective
Florence is seeking clarification from GL about the process involved in the skirmish after RH with knife in hand approaches GL and GL explains how RH fell on top of him and ended up stabbing himself (that is RH), Detective Florence then stated "yeah that makes sense". During this whole particular process, Detective Florence is captured on screen and you can tell he is choosing his words very carefully.

A reminder that this is the part of the tape that the jury members requested to re-view.

IMO it was the careful questioning and clarifications made by Detective Florence that enabled the jury members to for their "not guilty" outcome regarding the death of RH.

Below is a image of the moment Detective Florence 'play acts' as he is describing what occurred after GL falls to the ground after RH pushed him and then fell on him and the knife he was holding in his hand stabbed him after he fell oGLtop of GL.View attachment 520326

At the start of the trial Greg is afforded the presumption of innocence.

Brett Florence's questioning didn't 'enable' Greg to be more innocent.

The jury were beyond doubt that Greg murdered Carol and probably couldn't resolve how Russell died because evidence was destroyed.

 

[Sir_Loin]

For who?

The supposition is if Carol Clay’s family lodge a victim of crime compensation claim and it’s approved it comes from the offender’s means.

If there’s not enough liquidity to satisfy that claim it comes from the offender’s assets. In this case whatever equity is held in those assets that can be liquidated to satisfy the claim.

It’s been argued and somewhat supported that the main asset subject to a possible claim would be the primary residence in Caroline Springs. The one GL transferred to sole proprietorship in his wife’s name in an attempt to protect that asset from these sorts of proceedings. IMHO.

Not sure if this is helpful for you it’s just my opinion.

 

[wallyworld]

The supposition is if Carol Clay’s family lodge a victim of crime compensation claim and it’s approved it comes from the offender’s means.

If there’s not enough liquidity to satisfy that claim it comes from the offender’s assets. In this case whatever equity is held in those assets that can be liquidated to satisfy the claim.

It’s been argued and somewhat supported that the main asset subject to a possible claim would be the primary residence in Caroline Springs. The one GL transferred to sole proprietorship in his wife’s name in an attempt to protect that asset from these sorts of proceedings. IMHO.

Not sure if this is helpful for you it’s just my opinion.

thanks for the detailed reply and apologies as I have just realised that my question wasn't warranted.
It was late and I think I misunderstood what I was reading. In the light of day reading back over your comment, it makes complete sense.

 

[changintimes]

You could also argue Brett Florence said that incredulously even somewhat sarcastically given the unbelievable story he just heard come out of this guy’s mouth.

To defend against a knife attack in this manner is straight out of an action movie. It’s total BS.

The Jury is likely to have taken notice of Florence's words and their literal meaning.

 

[changintimes]

Yes, I agree.

If Brett Florence had have said something like...." You've got to be kidding! Are you lying Greg?"....then it would be interview over.

It was a masterful interview by the two detectives.

Nothing masterful about that interview. It was the interviewee that voluntarily gave them ALL the information that was required. It is obvious the two interviewers believed what was being stated to them IMO, so that is what you are calling 'masterful'.

 

[changintimes]

Why would that be great when a jury has already unanimously found Lynn guilty of murder?

Because the Justice system is about to work to its' fullest extent.

 

[Cliff Hardy]

Because the Justice system is about to work to its' fullest extent.

You have avoided the question again.

Why would 'it be great' for the convicted murderer to be anywhere but jail?

 

[changintimes]

The supposition is if Carol Clay’s family lodge a victim of crime compensation claim and it’s approved it comes from the offender’s means.

If there’s not enough liquidity to satisfy that claim it comes from the offender’s assets. In this case whatever equity is held in those assets that can be liquidated to satisfy the claim.

It’s been argued and somewhat supported that the main asset subject to a possible claim would be the primary residence in Caroline Springs. The one GL transferred to sole proprietorship in his wife’s name in an attempt to protect that asset from these sorts of proceedings. IMHO.

Not sure if this is helpful for you it’s just my opinion.

I don't believe your explanation is correct. This is what the Victims of Crime website (Victoria) states about seeking compensation from the offender; in the first paragraph it is stated "... of the crime committed against you".

The crime was not committed against any member of the Clay family.

I understand 'victims of crime' to be those persons who are directly and personally involved and affected - not family or extended family members. eg: if I was to punch a person (the victim) and the person (the victim) ended up with ongoing medical treatment for injuries sustained, that person could seek compensation directly from me; no family member of 'the victim' could seek compensation from me under the Victims of Crime legislation (see below as there is other legislation that covers compensation for family members - Compensation for Relatives legislation).

Financial assistance and compensation for victims of crime

If you have been affected by a crime, you may be able to apply for financial assistance or seek compensation from the offender.

www.victimsofcrime.vic.gov.au

Compensation for Relatives claims are covered under a totally separate piece of legislation in Victoria
Compensation to relatives claims.

I would expect prior to any compensation claim being mounted, the provisions of appeal processes through the Justice system must first be finalized.

 

[DropBear]

Ummm... does the convicted person have internet access in jail ... ?

 

[BreakingNews]

Ummm... does the convicted person have internet access in jail ... ?

One would think that he was on WS and known as C.I.T.

 

[Bats]

DBM

 

[wallyworld]

I don't believe your explanation is correct. This is what the Victims of Crime website (Victoria) states about seeking compensation from the offender; in the first paragraph it is stated "... of the crime committed against you".

The crime was not committed against any member of the Clay family.

I understand 'victims of crime' to be those persons who are directly and personally involved and affected - not family or extended family members. eg: if I was to punch a person (the victim) and the person (the victim) ended up with ongoing medical treatment for injuries sustained, that person could seek compensation directly from me; no family member of 'the victim' could seek compensation from me under the Victims of Crime legislation (see below as there is other legislation that covers compensation for family members - Compensation for Relatives legislation).

Financial assistance and compensation for victims of crime

If you have been affected by a crime, you may be able to apply for financial assistance or seek compensation from the offender.

www.victimsofcrime.vic.gov.au

View attachment 520495

Compensation for Relatives claims are covered under a totally separate piece of legislation in Victoria
Compensation to relatives claims.

I would expect prior to any compensation claim being mounted, the provisions of appeal processes through the Justice system must first be finalized.

LEGAL AID VICTORIA Legal information about Victims of crime Financial assistance and compensation​

Victims of crime may be able to get financial assistance from the Victims of Crime Assistance Tribunal, or compensation from the person who committed the crime.
To apply for financial assistance you must be a victim of a violent crime that caused injury or loss. An injury may be physical or psychological. You must be able to show the link between the crime and your injury.

The crime must have:

• been reported to police within a reasonable time – the police do not need to arrest anyone, or lay any charges, but the tribunal must be satisfied that a crime has taken place
• occurred within the last two years (except in the case of certain childhood sexual crimes), although it may be possible to gain an extension of time from the tribunal if you have a good reason for the delay.

What assistance is available​

The tribunal may help you with a range of expenses including counselling, medical, safety-related, and funeral expenses. You may also get a payment to cover lost earnings and other reasonable expenses to help your recovery.

The amount of money you can get also depends on whether you are:

• the person injured in the crime
• someone who witnessed a crime, or is a parent of a child victim
• a relative or dependant of someone who has died because of the crime.

See the tribunal’s website for the types of financial assistance available.

 

[Sir_Loin]

thanks for the detailed reply and apologies as I have just realised that my question wasn't warranted.
It was late and I think I misunderstood what I was reading. In the light of day reading back over your comment, it makes complete sense.

All good

 

[Sir_Loin]

I don't believe your explanation is correct. This is what the Victims of Crime website (Victoria) states about seeking compensation from the offender; in the first paragraph it is stated "... of the crime committed against you".

The crime was not committed against any member of the Clay family.

I understand 'victims of crime' to be those persons who are directly and personally involved and affected - not family or extended family members. eg: if I was to punch a person (the victim) and the person (the victim) ended up with ongoing medical treatment for injuries sustained, that person could seek compensation directly from me; no family member of 'the victim' could seek compensation from me under the Victims of Crime legislation (see below as there is other legislation that covers compensation for family members - Compensation for Relatives legislation).

Financial assistance and compensation for victims of crime

If you have been affected by a crime, you may be able to apply for financial assistance or seek compensation from the offender.

www.victimsofcrime.vic.gov.au

View attachment 520495

Compensation for Relatives claims are covered under a totally separate piece of legislation in Victoria
Compensation to relatives claims.

I would expect prior to any compensation claim being mounted, the provisions of appeal processes through the Justice system must first be finalized.

Your link is incorrect and references a NSW law practice quoting NSW legislation