CONVICTION OVERTURNED Australia - Russell Hill & Carol Clay Murdered While Camping - Wonnangatta Valley, 2020 #9 *retrial Jan 2026*

[JLZ]

Why blame the judge though?

I don't think you can say that a trial was permeated with unfairness without it being a reflection on the judge. The judge is there to control proceedings so that the accused is fairly tried.

If prosecuting counsel repeatedly ignores the judge's directions, is there anything short of declaring a mistrial that the judge can do? Perhaps declare counsel in contempt of court? What would happen then? Would the case continue as before or would counsel be replaced? Or would the contempt issue necessitate mistrial anyway?

 

[Kemug]

"A trial permeated with unfairness" - ha! So says his defence and 3 judges?! Do they really think that it's ok to kill 2 people and then try to wipe their remains off the face of the earth? (And yes, this much he admits to). Even if they can swallow the obvious lie that the killings were both accidental. "No no, Greg, of course you haven't done anything wrong, people can be so unfair." How about being fair to the victims? As you can probably tell, I am incandescent with rage!

 

[JLZ]

"A trial permeated with unfairness" - ha! So says his defence and 3 judges?! Do they really think that it's ok to kill 2 people and then try to wipe their remains off the face of the earth? (And yes, this much he admits to). Even if they can swallow the obvious lie that the killings were both accidental. "No no, Greg, of course you haven't done anything wrong, people can be so unfair." How about being fair to the victims? As you can probably tell, I am incandescent with rage!

I think it's more important that the State abide by fair procedures than that an individual be punished even for murder. The State potentially can do a lot more harm than one violent man. (But lock GL up forever, that too.)

 

[TootsieFootsie]

Why Greg Lynn's murder conviction was thrown out - ABC listen

Greg Lynn has returned to court this week, a month after the dramatic revelation his murder conviction would be overturned and a retrial set. In June 2024, a jury found Greg Lynn guilty of murdering Carol Clay but not guilty of murdering her camping partner, Russell Hill. In this episode...

www.abc.net.au

ABC Listen

Program: Why Greg Lynn's murder conviction was thrown out

19 minute audio​

 

[JBowie]

Why blame the judge though?

The Appeals Court (Karin Emerton, Phillip Priest and Peter Kidd) blamed/faulted the judge.

When Croucher began his long summing up, I commented here that I thought he was telling the jury to acquit, however, towards the end I figured that he was just exercising an abundance of caution to avoid a mistrial.

 

[Bats]

I've wondered about this... rather than the judge asking the defence mid trial if they would think a mistrial is necessary after noting all the errors that were being made by the prosecution, why wouldn't the judge just call it himself?

JMO...
Keeping in mind the fact that all criminal trials are designed to favour the accused, having the judge order a mistrial would be favouring the prosecution. There was still a chance GL could be acquitted of both murders, so taking that possibility away from him would be prejudicial.

 

[TootsieFootsie]

I was just thinking that the judge should have called for a mistrial.