Accused high country killer Greg Lynn wins gag order to ban media from reporting on key evidence

Detectives arrested accused killer Greg Lynn after covert listening devices led them to believe he would take his own life.

Accused High Country killer Greg Lynn was arrested after investigators thought he would take his own life, police claim.

In court documents released to the media on Monday, Detective Leading Senior Constable Daniel Passingham said covert listening devices captured Mr Lynn talking to himself in a “depressed state” as he left for a camping trip in November 2021.

“Lynn made comments of his time coming to an end, that Melanie had three boys to look after her, (and) a good rum, whiskey or cocktail would be good,” DLSC Passingham said in his statement.

“The way in which Lynn was talking I had a feeling he was going to commit suicide.”

The Missing Persons Squad detective said he knew Mr Lynn was in possession of a “high-powered centrefire” rifle and that he was driving towards the Victorian High Country. Helicopters carrying Special Operations Group members moved in to arrest Mr Lynn near the intersection of Doolans Plains Road and Moroka Road near Arbuckle.

He was taken into custody without incident before he was transported to Sale Police Station for interview.

Greg Lynn is accused of killing Russell Hill and Carol Clay. Picture: Supplied

CAUSE OF DEATH UNKNOWN

An autopsy failed to uncover the cause of death of missing campers Russell Hill and Carol Clay because all that was left of them were bone fragments.

Detective Acting Sgt Brett Florence, with the Missing Persons Squad, told the Melbourne Magistrates’ Court that a coroner was unable to determine how the pair died from their remains.

“No, because the bones that were recovered were fragments,” said the police informant who charged Jetstar pilot Greg Lynn.

Sgt Florence said police had listened to “hundreds” of jailhouse phone calls that suspected killer Mr Lynn had made while locked up on two charges of murder.

But none of those conversations were material to the charges he faced, the policeman said.

The man accused of two high country deaths Greg Lynn has won a gag order banning media from reporting on “explosive” aspects of his court hearing on two charges of murder.

Magistrate Brett Sonnet made a suppression order on Monday.

Mr Sonnet said the order was necessary to prevent the risk to Mr Lynn getting a fair trial on two counts of murder over the deaths of campers Russell Hill and Carol Clay.

The application for a gag order, made by Mr Lynn’s lawyer Dermott Dann KC, was supported by prosecutors.

Mr Dann earlier told the court he sought to prevent sensational reporting on the matter.

“When I use the term sensationally, what I had in mind is that the content of these items of evidence may be seen as explosive in the eyes of readers or viewers,” Mr Dann had told Melbourne Magistrates’ Court.

An artist’s impression of Mr Lynn in court last week. Picture: Mollie McPherson

Police reconstruction expert Leading Senior Constable Paul Griffiths told the court on Monday it was “plausible” that Carol Clay was struck in the head by a bullet fired from the front of her boyfriend Russell Hill’s LandCruiser.

Leading Senior Constable Paul Griffiths said he reconstructed a “scenario” where Ms Clay was shot while standing or crouching near the passenger side mirror of the LandCruiser as two men, standing at the bonnet of the car, fought over a gun.

Defence barrister Dermot Dann KC said the expert had described the situation in his statement “as a plausible scenario”.

“Yes, I do,” he replied.

LSC Griffiths said investigators asked him to test a situation where murder accused Greg Lynn and Mr Hill were “wrestling” over a gun while standing at the bonnet and there was an “accidental discharge”.

In that scenario, the muzzle of the gun was pointing towards the rear of the car and the bullet struck the centre of the passenger side mirror, hitting Ms Clay on the rear side of the head.

LSC Griffiths said he tested three alternatives for Ms Clay, who stood at about 160cm tall - that she was crouched, stooped and standing behind the passenger side mirror.

LSC Griffiths said none of the height scenarios could be ruled out but some assumptions were made due to the amount of variables. When Mr Dann asked if the proposed scenario was a “dynamic” situation, LSC Griffiths replied: “I expect so, yes.”

Carol Clay and Russell Hill were killed on a camping trip in March 2020.

Following his trajectory analysis, LSC Griffiths told the court he couldn’t rule out any of the three scenarios, but said a situation where Ms Clay was standing was “plausible” while her being semi-crouched was “most unlikely”.

Mr Dann said he’d had to make “a whole lot of assumptions because there’s so many variables”, including a lack of physical evidence.

“That’s correct,” LSC Griffiths said.

He also couldn’t determine what position the gun was in when it fired.

Mr Dann showed the witness images of two police officers wrestling over a gun - a simulation made by investigators - during his questioning.

He agreed with the defence lawyer who said that the scenario was a “dynamic situation” where the gun could have been moving “very rapidly and changing position very rapidly” during a struggle.

In another test, DSC Griffiths shot bullets through a side mirror at two different angles to test for “deflection” of the projectile.

In 13 out of 14 tests, he said there was no noticeable deflection at all.

DSC Griffiths’ evidence has ended, with the Missing Person Squad’s Detective Leading Senior Constable Daniel Passingham taking the stand.

He told the court police made more than 5000 secret wire tap recordings inside murder suspect Greg Lynn’s home and car.

A total 5287 recordings were made, lasting from anywhere between one minute and 30 minutes long.

Greg Lynn has won a supression order to prevent media from reporting on explosive details of the case. Picture: Facebook

DLSC Passingham said he was listening on November 22, 2021, when Mr Lynn got in his Nissan Patrol to go camping in the high country.

Later that day, he was arrested by special operations police at his campsite.

DLSC Passingham confirmed after Mr Lynn was arrested he was taken to the Sale police station, where the suspect used the police station’s phone to call a lawyer for about 75 minutes.

The court heard after his arrest on the mountain, Mr Lynn asked to speak with his wife Melanie. DLSC Passingham said Mr Lynn later stated he did not wish to have a conversation with her until after his interview with police.

Lead investigator Brett Florence, a crime scene reconstruction expert, and a ballistics expert will also be among the final three witnesses to take the stand before the hearing concludes.

At the hearing’s conclusion, Mr Lynn is expected to enter a formal plea of not guilty.

The final day of a committal hearing to test the evidence against the former Jetstar pilot will finish before magistrate Brett Sonnet makes a decision — either Monday or at a later date — whether to send the case to the Victorian Supreme Court for trial.

If Mr Sonnet finds there is not enough evidence, he will dismiss the charges and Mr Lynn will be freed from custody.

If Mr Lynn is committed to the higher court, he is unlikely to face a trial for many months as prosecutors and his defence team prepare their cases.

Mr Lynn, who has been in custody on remand since his arrest in November 2021, could apply for bail though it is unlikely to be granted given the seriousness of the charges.