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?
 

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