‘No basis’: Alternate charge ruled out in missing campers trial

The jury in the missing campers case has been told they can no longer consider an alternate charge of manslaughter in the trial of accused high country killer Greg Lynn.

Carol Clay and Russell Hill were allegedly murdered during a camping trip to the Wonnangatta Valley in March 2020.

A Supreme Court jury will no longer consider an alternate charge of manslaughter for accused high country killer Greg Lynn.

The former airline pilot, 57, is standing trial for the murders of Russell Hill, 74, and Carol Clay, 73, who vanished during a camping trip to the Wonnangatta Valley in March 2020.

Now in the fifth week of the trial, Justice Michael Croucher on Thursday delivered his legal directions, known as a “charge”, where he told the jury they would no longer need to consider an alternative charge of manslaughter as part of their deliberations.

He explained this was because counsel and he agreed if the jury were to find Mr Lynn not guilty of murder, then there would be no basis for them to consider an alternative charge of manslaughter.

Former Jetstar pilot Gregory Lynn is on trial for the murders of the elderly lovers. Picture: Facebook

“In the circumstances of this case, if you are not satisfied beyond reasonable doubt of murder, you would also not be satisfied beyond reasonable doubt of manslaughter,” he said.

“Accordingly you must put manslaughter out of your minds, the only charges before you are murder.”

Justice Croucher explained the legal principles the jury would need to consider as part of their deliberations.

“It might be said we’re in the home straight,” he said, adding he expected the charge would take more than a day.

He said it may be harder for the jury to hear a judge “drone on about matters of law” when compared to counsel or witnesses.

“I won’t be doing my best to entertain you, I’ll just explain to you what I have to explain to you,” he said, adding they were bound by his directions.

Justice Croucher briefly summarised the evidence of the 49 witnesses the jury heard from over 17 days, which included hunters, campers, family and friends of the missing campers, police, forensic experts and Mr Lynn himself.

He said it would be up to the jury to consider the credibility and reliability of each witness.

Credibility, he said, related to if a witness was being honest and telling the truth, while reliability related to if they were recalling things correctly, pointing out a witness could be honest but have a poor memory or be mistaken.

In reaching their verdict, the judge said the jury must consider all the evidence presented in the case.

“You must ignore all other irrelevant considerations, such as any feelings of sympathy or prejudice or bias,” he said.

An example, he said, was feeling sympathy towards Mr Hill’s and Mrs Clay’s families, believing that the couple’s affair was morally wrong or that Mr Lynn’s actions in covering up their deaths was “terrible”.

“Your function and your duty is to use your heads not your hearts,” he said.

Justice Croucher’s directions will continue on Friday.