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

  • #781
Notice how nobody has gone missing in the area since he has been caught??
 
  • #782
  • #783

BBC

In a summary of the ruling, the judges said that in their closing address prosecutors had challenged the evidence given by Lynn and another witness "without ever putting those matters to them" and in doing so "breached a rule of fairness".

They said that in the same address, the prosecution had "unfairly attacked the reliability and credibility of its own firearms and toolmark expert witness" also without giving him a chance to respond.

"In cross-examination by defence counsel, Mr [Paul] Griffiths agreed that aspects of Mr Lynn's version of how Mrs Clay was shot were plausible or 'spot on," the judges wrote.

The breaches were "sufficiently frequent and serious to occasion a substantial miscarriage of justice," and required the court to set aside Lynn's conviction, the judges said.
 
  • #784

BBC

In a summary of the ruling, the judges said that in their closing address prosecutors had challenged the evidence given by Lynn and another witness "without ever putting those matters to them" and in doing so "breached a rule of fairness".

They said that in the same address, the prosecution had "unfairly attacked the reliability and credibility of its own firearms and toolmark expert witness" also without giving him a chance to respond.

"In cross-examination by defence counsel, Mr [Paul] Griffiths agreed that aspects of Mr Lynn's version of how Mrs Clay was shot were plausible or 'spot on," the judges wrote.

The breaches were "sufficiently frequent and serious to occasion a substantial miscarriage of justice," and required the court to set aside Lynn's conviction, the judges said.
Neither side can raise anything new or not followed up on in the actual trial. I'd expect this prosecutor to be demoted over this. Far too many errors.
 
  • #785
After thinking about it for awhile I have come to the conclusion that the Judges felt they had to right the wrongs of the first trial.

I have not changed my opinion of how I feel about him, just the way the prosecution ran the case, and the mistakes they made.

I believe he should have been charged with murdering two people.
 
Last edited:
  • #786
Greg Barnes, SC, a spokesperson for the Australian Lawyers Alliance says about a retrial (paraphrased) ...

- legal teams for the prosecution and defence could change
- there would be a new jury and new judge for the retrial
- the judge and jury are not bound by the way the 1st trial was won, it would be a whole new trial
- there may be pre-trial legal arguments over the admissibility of evidence, evidence presented in the first trial could be ruled out, fresh evidence could be ruled in
- there may be a new strategy by defence and/or prosecution
- Lynn doesn't have to give evidence on the stand (again) if he doesn't want to

The prosecution must start again: Greg Lynn retrial explained
 
  • #787
Toyah Cordingley second trial recently was brilliant work. The first trial was a hung jury. Police and the prosecution went over the evidence with a fine tooth combe and left no doubt about who murdered her. Whereas previously her boyfriend and a few other people were suspects, according to the defence. I hope the prosecution can leave no doubt that Lynn is guilty.
 

Guardians Monthly Goal

Members online

Online statistics

Members online
58
Guests online
964
Total visitors
1,022

Forum statistics

Threads
635,751
Messages
18,683,637
Members
243,383
Latest member
CircusMilitia
Back
Top