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

[JBowie]

Do you think there may be a few 'skeletons' in the closet.

... or in the bush.

 

[SouthAussie]

With the Leave for Appeal set to heard this Friday (31st), this is a reminder of the 4 grounds for appeal.


- prosecutors "launched a sustained attack" on the credibility of Lynn's story about what happened at Bucks Camp in the Wonangatta Valley, without giving him an opportunity to respond.

- the evidence of Victoria Police ballistics expert Paul Griffiths ... it "involved a further serious departure from the rules that govern the fair conduct of criminal trials"

- The third and fourth limbs of Lynn's appeal relate to the jury's decision making, and say "a substantial miscarriage of justice" occurred in his case.

(specific examples of each of these grounds in link)
Supreme Court releases details of convicted murderer Greg Lynn's appeal over camper Carol Clay's death


On Wednesday, a court heard the date for the former Jetstar pilot's application for leave to appeal — where it will be decided whether Lynn's appeal against his conviction can proceed — had been set for October 31.
Court date set for High Country killer Greg Lynn to fight for appeal

 

[JBowie]

Court date set for High Country killer Greg Lynn to fight for appeal

"There is an unacceptable risk that the jury travelled down an impermissible pathway in arriving at their guilty verdict as regards [to] the charge of murder involving Mrs Clay," Lynn's lawyers wrote.

Good luck with that claim!

And speaking of Lynn, I wonder if police are actively investigating other matters which may have involved him.

 

[Bats]

With the Leave for Appeal set to heard this Friday (31st), this is a reminder of the 4 grounds for appeal.


- prosecutors "launched a sustained attack" on the credibility of Lynn's story about what happened at Bucks Camp in the Wonangatta Valley, without giving him an opportunity to respond.

- the evidence of Victoria Police ballistics expert Paul Griffiths ... it "involved a further serious departure from the rules that govern the fair conduct of criminal trials"

- The third and fourth limbs of Lynn's appeal relate to the jury's decision making, and say "a substantial miscarriage of justice" occurred in his case.

(specific examples of each of these grounds in link)
Supreme Court releases details of convicted murderer Greg Lynn's appeal over camper Carol Clay's death


On Wednesday, a court heard the date for the former Jetstar pilot's application for leave to appeal — where it will be decided whether Lynn's appeal against his conviction can proceed — had been set for October 31.
Court date set for High Country killer Greg Lynn to fight for appeal

I have no idea what attributes contribute to the acceptance of an appeal being able to be heard but it seems to be basically Croucher v Dann. From memory, I think Croucher was very careful to not leave any doors ajar.
I hope those doors stay firmly closed here.
Jmo

 

[kazzab2010]

‘The missing campers’ podcast had an update last week. Had an interview with Andrew Stamper (missing persons) regarding catching GL. Always interesting to hear another perspective.

 

[Bats]

Daily Hearing List
We should know tomorrow if Lynn's appeal will be heard.

 

[TootsieFootsie]

MSN

Camper killer Greg Lynn's appeal against guilty verdict to begin

Lynn, 59, will be brought in from prison for the appeal.

The hearing before Justices Karin Emerton, Phillip Priest and Peter Kidd will begin today at the Court of Appeal in Melbourne.

 

[TootsieFootsie]

MSN

High Country murderer Greg Lynn appeals his conviction and sentence

Lynn, 59, arrived moments before the hearing began – shortly after 10am on Friday – and was led into court through a side door by two guards.

Dressed in a suit jacket, pink shirt and hiking shoes, he smiled politely at the press as his handcuffs were removed.

 

[TootsieFootsie]

Major update in killer pilot who murdered missing camper

The ex-Jetstar pilot convicted of brutally murdering a grandmother who went missing while camping with her secret lover, has been seen for the first time since his conviction one year ago.

thenightly.com.au

Photo of Greg Lynn arriving at court.

 

[TootsieFootsie]

How former Jetstar pilot Greg Lynn plans to walk free

Former Jetstar pilot Greg Lynn is fighting for freedom on the back of a series of monumental blunders that robbed him of a fair trial, a court has heard.

www.dailymail.co.uk

How former Jetstar pilot Greg Lynn plans to walk free from jail over murder of missing camper

 

[SouthAussie]

"Judge Priest put to Mr Dann that there were two challenges he would have to overcome to win Lynn's appeal.

"The two difficulties you're going to have to confront so far as this ground is concerned are you didn't ask for a discharge of the jury," he said.

"If all of this was as bad as you are submitting it was, if it was as bad as you say it was, one might have expected you would ask for a discharge of the jury.

"Secondly, the judge gave some fairly forthright advice to the jury."

The case will return to court next Thursday."

Greg Lynn faces court in bid to quash High Country murder conviction

Greg Lynn's lawyer says the prosecution "played outside the rules" during the former Jetstar pilot's double-murder trial last year as he appeals his conviction and sentence.

www.abc.net.au

 

[Bats]

Greg Lynn faces court in bid to quash High Country murder conviction

Is there a tad of irony that the judge is questioning why Dann didn't call for a mistrial....

Justice Priest questioned Mr Dann about his decision to continue with the trial rather than apply for a mistrial.
"If counsel decided to roll the dice despite egregious breaches on the part of the prosecution, then you look at the matter differently," he said.

... since essentially, that is "on the table" for the judge?

In other words, perhaps the reason Dann "played that hand" is because he has kept that "ace up his sleeve" if there was ever the need to appeal.

If i were the judge I would be thinking, well tough luck Dann, that ship sailed long ago. The excuse about poor Lynn having to take the stand a second time seems rather trivial to me, considering he was quite capable of burning and hiding innocent people's bodies.

 

[Porky1]

"There is an unacceptable risk that the jury travelled down an impermissible pathway in arriving at their guilty verdict as regards [to] the charge of murder involving Mrs Clay," Lynn's lawyers wrote.

Good luck with that claim!

And speaking of Lynn, I wonder if police are actively investigating other matters which may have involved him.

Re other matters: Yes, I hope so

 

[MIG214222]

Keeping @stacey_victoria & the loved ones of Carol Clay & Russell Hill uppermost in our thoughts at this time.
I cannot imagine how stressful it must be to have to endure another stage, stay strong, believe in a just outcome.

 

[JLZ]

Greg Lynn faces court in bid to quash High Country murder conviction

Is there a tad of irony that the judge is questioning why Dann didn't call for a mistrial....

Justice Priest questioned Mr Dann about his decision to continue with the trial rather than apply for a mistrial.
"If counsel decided to roll the dice despite egregious breaches on the part of the prosecution, then you look at the matter differently," he said.

... since essentially, that is "on the table" for the judge?

In other words, perhaps the reason Dann "played that hand" is because he has kept that "ace up his sleeve" if there was ever the need to appeal.

If i were the judge I would be thinking, well tough luck Dann, that ship sailed long ago. The excuse about poor Lynn having to take the stand a second time seems rather trivial to me, considering he was quite capable of burning and hiding innocent people's bodies.

It's not ironic. Appeals get dismissed for just that reason, that the defence at trial chose to wear the risk for the sake of a perceived advantage . . . thinking they've got a better chance going to trial with the jury they have than by restarting the process. If you think the dice is loaded before it's thrown, you have to call it at the time: not wait and see how it goes, and if it you lose say not fair do it again--or, 'I won, really'.

 

[Bats]

It's not ironic. Appeals get dismissed for just that reason, that the defence at trial chose to wear the risk for the sake of a perceived advantage . . . thinking they've got a better chance going to trial with the jury they have than by restarting the process. If you think the dice is loaded before it's thrown, you have to call it at the time: not wait and see how it goes, and if it you lose say not fair do it again--or, 'I won, really'.

I guess where i was suggesting the irony lies, is the judge asking the question, instead of saying that's tough luck, you had your opportunity... knowing that they have it in their power to call a retrial for that very reason.

I suppose in some trials, judges don't offer or may miss offering a retrial for incorrect or prejudical evidence presented to a jury, warranting the question before an appeal judge. But that didn't happen in this trial.

Maybe the appeal judge was waiting for something compelling from Dann...

 

[TootsieFootsie]

Greg Lynn appeal: judge criticises prosecutor’s conduct as former pilot seeks to overturn high country murder conviction

Former Jetstar pilot argues a substantial miscarriage of justice occurred when he was convicted over Carol Clay’s murder

www.theguardian.com

Greg Lynn appeal: judge criticises prosecutor’s conduct as former pilot seeks to overturn high country murder conviction


A Victorian court of appeal judge has described the prosecution’s conduct during the trial of high country killer Greg Lynn as “extremely unfair”, “indefensible” and “egregious”, as the former pilot tries to overturn his murder conviction

 

[JLZ]

I guess where i was suggesting the irony lies, is the judge asking the question, instead of saying that's tough luck, you had your opportunity... knowing that they have it in their power to call a retrial for that very reason.

I suppose in some trials, judges don't offer or may miss offering a retrial for incorrect or prejudical evidence presented to a jury, warranting the question before an appeal judge. But that didn't happen in this trial.

Maybe the appeal judge was waiting for something compelling from Dann...

The judge is making sure he gets the best formulation of Dann's argument before coming to a conclusion. I think you don't really know which way the judges are leaning from their questions to counsel.

But as I understand it, Dann has to show not only that there were errors in the proceedings but that the errors resulted in a miscarriage of justice. And that's a high bar.

 

[Kemug]

Glad to see that something is happening here again at last!

 

[TootsieFootsie]

‘Shortcomings’ but camper trial not unfair, court told

The director of public prosecutions has admitted there were some shortcomings in its case against camper murderer Greg Lynn, but said the trial was not unfair.

theqldr.com.au

‘Shortcomings’ but camper trial not unfair, court told​

Prosecutors have conceded shortcomings in their murder case against an ex-pilot, after being accused of running an unfair trial where they “chickened out” of properly challenging the killer.

Appeal judge Phillip Priest said the trial judge, Michael Croucher, found Mr Porceddu broke the rules on “at least 17 occasions” leading to a direction to the jury about the cross-examination.

“I don’t know if I’ve ever seen a direction as strong as this one, criticising the way in which the prosecutor approached cross-examination,” the Court of Appeal justice said.

Victoria’s Director of Public Prosecutions Brendan Kissane KC said the judge’s direction was “favourable to the accused in the extreme” and Mr Porceddu’s breaches had been put “too highly”.

Although he conceded some “shortcomings” and that some cross-examination could have been “done better”, he rejected all claims that the trial was unfair.

He said there had not been a miscarriage of justice against Lynn, and defended Mr Porceddu’s handling of the trial.

“It’s not a mater of analysing whether the accused was in an invidious position, it’s about whether the trial was unfair,” Mr Kissane told the court.

“In our submissions it hasn’t become unfair.”

Lynn’s defence should have applied to discharge the jury during the trial if it was unfair to their client, he said.

The hearing will continue on Thursday, where both sides will give evidence on Lynn’s sentence appeal.

AAP