Appeal date set for high country killer Greg Lynn

Former airline pilot Greg Lynn will argue he suffered a “substantial miscarriage of justice” when he appeals his conviction and sentence for the murder of Carol Clay.

High country killer Greg Lynn will have to wait another three months before he will get his appeal showdown.

Victoria’s Court of Appeal has listed the former airline pilot’s appeal against his conviction and sentence for October 31.

Lynn, 58, claims he has suffered a “substantial miscarriage of justice” and that his conviction should be overturned.

He also plans to argue that his sentence was manifestly excessive.

The appeal hearing will come a year after he was sentenced to 32 years behind bars with a non-parole period of 24 years after being found guilty of the murder of Carol Clay.

Mrs Clay, 73, was camping with friend Russell Hill, 74, when they both vanished in the Wonnangatta Valley in March 2020.

Lynn was acquitted of Mr Hill’s murder.

Greg Lynn is appealing his sentence and conviction for the murder of Carol Clay. Picture: David Geraghty

He has always denied killing the pair, and in a letter he wrote to the court last year, he expressed his disappointment at the jury verdict, adding “I have not killed anyone”.

In documents earlier released to the Herald Sun by the Supreme Court, Lynn’s lawyers outlined five grounds they will rely on for the appeal.

They claim Lynn suffered a “substantial miscarriage of justice” over several statements made by Crown prosecutor Daniel Porceddu in his closing address which were never put to Lynn during cross-examination.

During the trial, Justice Michael Croucher told the jury the prosecution breached the “basic rule of fairness” by failing to put propositions to Lynn when he was in the witness box.

The second ground relates to the evidence of Victoria Police ballistics expert Paul Griffiths.

Carol Clay and Russell Hill.

Lynn’s defence team argue Mr Griffiths’ evidence “involved a further serious departure from the rules that govern the fair conduct of criminal trials”.

During the trial, defence barrister Dermot Dann KC accused Mr Griffiths of conducting a “botched exercise” related to trajectory testing of Lynn’s Barathrum 12-gauge shotgun.

Mr Griffiths also admitted falsely stating in a report that he used Lynn’s shotgun for his testing when he actually used a police firearm.

Lynn’s lawyers say the first and second grounds of appeal should be considered in combination and there was an “unacceptable risk that the jury travelled down an impermissible pathway” in arriving at its verdict.

The final ground claims the guilty verdict for Mrs Clay’s murder was “unsafe and unsatisfactory”.

Three Court of Appeal judges are expected to oversee the hearing and decide whether Lynn’s conviction is upheld or overturned.

Originally published as Appeal date set for high country killer Greg Lynn