Greg Lynn secures retrial after winning appeal against murder conviction of High Country camper Carol Clay
Greg Lynn will face a retrial after appeal judges declared he had suffered a substantial miscarriage of justice over his murder conviction of High Country camper Carol Clay.
High Country killer accused Greg Lynn will face a retrial after appeal judges declared he had suffered a substantial miscarriage of justice.
A panel of three Court of Appeal judges — Karin Emerton, Phillip Priest and Peter Kidd — handed down their much-anticipated ruling at 9.15am on Thursday.
Mr Lynn, 59, was convicted of Carol Clay’s murder following a Supreme Court trial in June last year.
In a two-minute hearing, Justice Emerton, the president of the appeal’s court, granted Mr Lynn’s application for leave to appeal his conviction.
“There were a number of serious irregularities in the course of the trial that were not capable of being remedied by direction and gave rise to a substantial miscarriage of justice,” Justice Emerton said.
“Mr Lynn’s conviction for the murder of Carol Clay will be set aside, and a new trial will be ordered.”
Mr Lynn was supported in the Court of Appeal by his son Geordie.
He could be seen smiling and waving to his son from the dock.
Geordie walked out of the court shortly after the decision was handed down.
He did not respond to any questions from the awaiting media.
Mrs Clay’s loved ones, including her daughter Emma Davies, were in court to witness the decision being handed down.
They left shortly after, making no comment.
Mr Lynn’s lawyer Dermot Dann, KC, had argued in an appeal hearing in October that his client’s conviction was “unsafe and unsatisfactory”.
He said it was clear the jury “travelled down an impermissible pathway” in arriving at their guilty verdict.
Mr Dann also submitted Mr Lynn had suffered a “substantial miscarriage of justice” following the “egregious” actions of prosecutor Daniel Porceddu.
The prosecutor misled the jury by launching a “sustained attack” on the credibility of his client, without questioning him on it when he gave evidence in the trial, Mr Dann said.
Mr Dann said the trial judge, Michael Croucher, had repeatedly warned Mr Porceddu to “stick to the rules” and remarked he was “wincing” and “flabbergasted” about the prosecutor’s Browne and Dunn breaches.
The rule in Browne and Dunn requires prosecutors to put any matters concerning their case that are inconsistent with a witness’ evidence to that witness.
Mr Porceddu did not do this when Mr Lynn gave evidence about his version of events.
Ms Clay, 73, was camping with Russell Hill, 74, when they both vanished in the Wonnangatta Valley in March 2020.
The prosecution alleged Mr Lynn killed Mr Hill first, and alleged Mrs Clay was deliberately shot in the head because she was a witness.
But the Caroline Springs father, who was in the area to hunt for deer, said their deaths were “accidental”.
The jury ultimately found him guilty of Mrs Clay’s murder, but acquitted him over Mr Hill’s death.
The former Jetstar pilot was later jailed for 32 years, with a non-parole period of 24 years.
Mr Lynn was remanded in custody to appear in the Supreme Court on January 28 where new trial dates would be mapped out.
But it is understood he is in discussions with his legal counsel about applying to be freed on bail before then.
Originally published as Greg Lynn secures retrial after winning appeal against murder conviction of High Country camper Carol Clay
