Date set for killer pilot Greg Lynn to learn fate in appeal over Carol Clay’s murder in Victoria’s high country
A date has been set for when killer pilot Greg Lynn will find out if his appeal against his murder conviction for the death of Carol Clay has succeeded, or failed.
A date has been set for when killer pilot Greg Lynn will learn whether his appeal against his conviction for the murder of Carol Clay is successful or not.
Lynn, 59, was convicted of murdering Ms Clay, 73, during a camping trip in Victoria’s high country region more than five years ago.
She had vanished while on a camping trip with Russell Hill, 74, in Wonnangatta Valley in March 2020.
In late 2024 a jury found Lynn had shot Ms Clay in the head before hiding and burning her body alongside the body of Mr Hill.
Lynn was acquitted of the murder of Mr Hill by the same jury.
He was jailed for a maximum of 32 years last October for what Justice Michael Croucher labelled a “a violent, brutal, horrific death effected with a weapon designed to kill”.
Lynn is appealing both the conviction and sentence – with his legal team arguing the trial was corrupted by an “illegitimate attack” on his credibility and the jury’s verdict “made no sense”.
A decision on the appeal will be handed down on Thursday at 9.15am.
In an earlier hearing in October, Lynn’s barrister Dermot Dann KC claimed the prosecution had operated “outside the rules” which govern a fair trial and his client was not given a chance to respond to allegations while giving evidence.
Mr Dann raised other issues, including the prosecution “inventing” claims during the trial – such as Lynn never expecting the couple’s bodies to be found.
“The whole defence case relied on the credibility of the applicant’s account (of two accidental deaths),” Mr Dann said.
“Mr Lynn’s credibility in the eyes of the jury was absolutely vital.”
Lynn gave an account that would have cleared him from blame if accepted by the jury — Ms Clay shot as his firearm discharged during a struggle with Mr Hill and Mr Hill later falling on his knife after attacking Lynn in grief.
Mr Dann argued it was an “insurmountable difficulty” for the prosecution to try and claim this “illegitimate attack” on his client’s credibility was not successful.
But Victorian Director of Public Prosecutions, Brendan Kissane KC maintained no miscarriage of justice had occurred.
The court was told Justice Croucher, who presided over the trial, had identified 17 breaches of the Browne and Dunn rule — where prosecutors must put any matters concerning their case that are inconsistent with a witness’ evidence to that witness — and given the jury directions on these.
Mr Kissane argued these directions were “favourable to the accused in the extreme” and submitted some of the 17 directions were not necessary.
“What I am submitting is when one goes through the list of breaches the accused got the benefit,” he said.
