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

[stacey_victoria]

Notice how nobody has gone missing in the area since he has been caught??

 

[JBowie]

Notice how nobody has gone missing in the area since he has been caught??

... and likely no pets slaughtered, either.

 

[TootsieFootsie]

Australian pilot has murder conviction overturned on appeal

Greg Lynn will face a retrial for the 2020 murder of 73-year-old camper Carol Clay.

www.bbc.com

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.

 

[BreakingNews]

Australian pilot has murder conviction overturned on appeal

Greg Lynn will face a retrial for the 2020 murder of 73-year-old camper Carol Clay.

www.bbc.com

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.

 

[TootsieFootsie]

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.

 

[SouthAussie]

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

 

[BreakingNews]

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.

 

[Via Marple]

Well... I mentioned GL's "flight risk" as a joke. Usually when suspects are considered a flight risk, they don't literally fly a plane to escape justice...

Guess I am not that funny

 

[MrsAddick]

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

Curious to know how they would assemble an impartial/untainted jury?
…national media coverage and subsequent reporting on inadmissible (ie first wife, animals)

 

[Bats]

Curious to know how they would assemble an impartial/untainted jury?
…national media coverage and subsequent reporting on inadmissible (ie first wife, animals)

Personally, I don't think it will be too difficult. Once the new trial comes around, the presiding judge will go through the normal procedures to weed out people that can't be impartial. I also think the trial will be quite a while away so whilst the fresh details coming out about him at the moment are quite shocking, it will be old news. I'd say that once the wheels are in motion, certain details will be pulled from the public domain. The judge will be super clear that they can only use the evidence presented to them at the trial. Also, the jury themselves would call out any juror who trys to bring in outside information.

 

[kazzab2010]

I’m in NSW, but I come across people all the time who don’t know much about it. My parents included who live down in west Gippsland.

 

[TootsieFootsie]

Same here, also in NSW.
In fact most people I've spoken to and I'm in quite a few groups say they haven't heard about it.

It's rare that I someone who has heard of the case.

 

[TootsieFootsie]

I just hope one day they don't take the human element out of juries and use AI robots.

 

[MrsAddick]

I’m in NSW, but I come across people all the time who don’t know much about it. My parents included who live down in west Gippsland.

I just hope one day they don't take the human element out of juries and use AI robots.

Haha, was having a similar convo with a former crown prosecutor this week…

Human juries are critical for open justice and courtroom integrity….but once our malevolent robot overlords take over who knows

 

[knowledgethirsty]

Pleads guilty to manslaughter. Does 18 years and out.

 

[TootsieFootsie]

Ah yes but he doesn't see why he should spend years in prison.

 

[Cliff Hardy]

I’m in NSW, but I come across people all the time who don’t know much about it. My parents included who live down in west Gippsland.

I was amazed when I mentioned the appeal result to my son and he couldn't place the case either.

 

[kazzab2010]

Interestingly the full unravel podcast is still up on abc listen app (titled the huntsman). The interview with Lisa’s parents was particularly disturbing. Thought it may have been pulled given the new trial.

 

[TootsieFootsie]

The full untold story of Greg Lynn's appeal, told in forensic detail

Senior reporter Wayne Flower dissects the scathing 58-page judgment that highlights a series of monumental blunders by a prosecutor who ignored well-established rules of law.

www.dailymail.co.uk

Daily Mail

The FULL untold story of Greg Lynn's appeal: Told in forensic detail, WAYNE FLOWER reveals how an 'overzealous' prosecutor ushered in a shocking miscarriage of justice - and why it could set the Jetstar pilot free

Lynn is due to return to court on January 28, but is expected to apply for bail in the meantime.