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

  • #761
I thought the retrial was a fact. A fait accompli.

Or could he just walk free now that his conviction is overturned ?
I wouldn't be surprised if his lawyers try for that now.
My gosh I hope not
 
  • #762
This Herald Sun article says the judge's extensive reasons will be published later today.

It also says that the Browne and Dunn rule requires a prosecutor to put any matters concerning their case that are inconsistent with a witness’ evidence to that witness.




And this one says that there were two central issues. Both of the issues related to the way that the prosecutor ran the case.

1. Never putting some of the accusations of lying directly to Lynn, but putting them in the closing argument. Breached Browne and Dunn.
2. Attacked the reliability and credibility of their own witness (Paul Griffiths) in the closing without putting those matters directly to Griffiths on the witness stand

 
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  • #763
  • #764
"... a second trial has been ordered for 28 January, 2026 ...... the Supreme Court Mention, where he will be required to attend in person at 9:30am in Melbourne."

"The community, along with those closely following the justice system, will now look to the next phase as the court prepares to revisit the complex case, which may include previously suppressed information on his alleged intimidation of his late wife back in 1999, which was withheld in the late trial to prevent bias."

 
  • #765
  • #766
The second trial will have to be held in front of a judge alone unless they can find a jury pool from somewhere who aren't aware of the first case. Perhaps aliens?
 
  • #767
I didn't expect the retrial would be as soon as the end of the next month.

That doesn't give either side long to prepare.
 
  • #768
The second trial will have to be held in front of a judge alone unless they can find a jury pool from somewhere who aren't aware of the first case. Perhaps aliens?
I agree Cliff, if I was the defense I'd be asking for a Judge alone trial.

There is just too much info out in the public domain, podacsts, MSM articles detailing his dubious past, 2 books ( I really think that they should not rush to publish any books until appeals are dealt with IMO )

Same might go for the Erin Patterson case?

We've just had a second trial in the Toyah case ( with a conviction ) but there was nowhere near as much media interest in that case IMO
 
  • #769
Given the serious nature of the murder charge, and the Court’s conclusion that the evidence has not been compromised and the unfairness of the first trial will not permeate a new trial, the Court has determined that the interests of justice require Mr Lynn to stand trial again for the murder of Mrs Clay.

From the summary judgement
 
  • #770
I’ve looked on the Court of Appeals site, but I really want to read the transcript/judgment summary. Anyone seen a link or document yet?

This is disappointing but I have hope that a strong case can be argued again.

I wonder if a judge-only retrial is appropriate, this is complex and high profile now, plus the recent information about Lynn that’s been made public.

Jury of peers is good justice, but I think it’s going to be complicated to argue murder with a jury who can’t be influenced by the circumstances of the other conviction.

I’m very interested to see how they navigate facts related to Mr Hill’s death in the retrial.
Long version:
 
  • #771
The second trial will have to be held in front of a judge alone unless they can find a jury pool from somewhere who aren't aware of the first case. Perhaps aliens?

I now see that Victoria does not allow judge-only trials. From what I can see on Google, they introduced judge-only trials for 6 months to clear backlogs due to covid. And they may have extended that for another 12 months (I can only find the proposal to do that). But they have ceased them again.

This SMH article says that Lynn will face another jury.



June 2024
The Australian Lawyers Alliance has described mandatory jury trials in Victoria as "outdated."
"In an age of saturation media in particular, defendants should be able to have the option to say, 'I think it would be fairer to me to have a judge alone decide my case, rather than a judge and jury," he said.

 
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  • #772
I didn't expect the retrial would be as soon as the end of the next month.

That doesn't give either side long to prepare.

I think they still have to go through all the pre-trial rigmarole. Like legal arguments about the admissibility of evidence.

The SMH said that the retrial date is expected to be set next year (maybe at the January mention?) Which probably means that it will be whenever there is enough availability in the court calendar.

 
  • #773
Yes I did think that the January date might be for mentions etc.

It's just the wording in media says the trial starts on 28th January 2026 which does seem impossble to me.
 
  • #774
The second trial will have to be held in front of a judge alone unless they can find a jury pool from somewhere who aren't aware of the first case. Perhaps aliens?
They might be aware of the first trial, however they will be questioned on their ability to remain impartial.
 
  • #775
You would think a former pilot is definitely a "flight risk".. and one accused of murder, how can he be released on bail....
 
  • #776
As far as I know Greg Lynn doesn't have a plane or have access to one as he is no longer employed as a pilot.
 
  • #777
He can't even take one punishment for all the lives he's ruined.
 
  • #778
From his interview I think he sees himself as the real victim and that those old people ruined his perfect life.
 
  • #779
I know the law has to be carried out, but I can't believe he could be released either on bail or if the case doesn't go to retrial. It just goes to prove that the onus is really on the Prosecution to do a superb job first time around.
 
  • #780
If Lynns cover up has done such a good job to make it impossible to prove murderous intent, surely he will then be charged with 2 counts of perverting the course of justice plus interfering with a corpse plus not properly securing his firearm. He should not be released on bail, he should rot in jail until the day he dies IMO.

Victoria’s legal system needs to make sure they don’t screw this up a 2nd time.

Also remember there are a few others (4 or 5) missing in the same vicinity as where Lynn ended Carol and Russell’s lives.

The more info we learn about him from the Unravel podcast (allegedly killing cats, dogs and pigs with lawnmower, knife and machete) shows what a disturbing person he has been for more than 20 years and we probably don’t even know the half of it IMO.

Also add the horrendous treatment of his former wife Lisa - this guy needs to be stopped forever.
 

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