Ex-Jetstar pilot Greg Lynn cannot stand trial over the alleged murders of secret lover campers Russell Hill, 74, and Carol Clay, 73, a court has heard.
appeared via videolink in Lynn Supreme Court On Thursday in Victoria where his barrister Dermot Dann, Casey revealed he wanted to dump the 15 pieces of evidence amid claims Victorian homicide detectives obtained them illegally.
‘Based on the outcome of these applications for the exclusion of evidence, in addition to the possibility of an appeal to the arraignment, the defense will need time – if there is still a trial – to assess their position as it will be considerable. will present important choices and decisions,’ Mr Dann said.
Greg Lynn, 56, will face trial in the Supreme Court of Victoria next year on two counts of murder, if at all
Carol Clay (left) was allegedly shot by Lynne before Russell Hill (right) was stabbed to death
Police allege Carol Clay was shot as she stood behind this vehicle, which was gutted in flames after the alleged crime
The jury trial is no longer expected to formally begin in February next year, with its trial date in October now being used to ascertain what evidence can still be relied upon by police.
Much of the conversation is expected to revolve around the four-day police record of Lin’s interview, which Lin hoped to have erased from the public record.
The contents of that interview are now subject to a court-imposed gag order.
A previous hearing was told Victorian homicide detectives had compiled a 773-page brief of evidence against Lynn.
Several of those pages include material from Lin’s more than nine-hour interview, which was recorded directly at the Cell police station following his arrest in November 2021.
Mr. Dan has long argued that his client’s interview should be inexplicably thrown out of any murder trial.
He told the court on Thursday, ‘There are 15 items of evidence that we are going to apply for exclusion, which includes the record of the interview and basically everything that comes after that.’
Mr Dan said the outcome could result in a negotiated appeal, which could eventually make the trial against Lin unnecessary.
While the contents of what exactly was discussed by police with Lin cannot be disclosed, Mr Dan described it as ‘explosive’ during a preliminary hearing last year.
He told the court, ‘It is just that these items of evidence are potentially game changing in terms of how the prosecution is going to conduct the trial.’
Greg Lynn, pictured in court last year, was grilled by police for four days
Police made thousands of recordings of Greg Lynn (right) in the 11 months before his arrest in Victoria’s high country. Nearly 300 relevant recordings come in after 60 Minutes special on missing campers airs
Barrister Dermot Dann of Lynn, KC (pictured leaving court last year) plans to contest the admissibility of records of his client’s interviews with police
Respected Detective Acting-Sergeant Brett Florence and his offsider Detective Leading Constable Daniel Passingham are expected to be questioned again by Mr Dann about how he treated Lynn following her arrest.
Police allege Lin blasted Ms Clay in the head with a shotgun after an angry confrontation with Mr Hill over the use of his drone in the national park, which is illegal.
His remains will not be found until November 2021 – reportedly nearly 20 months after his assassination.
Lynn was arrested at the intersection of Doolan’s Plains Road and Moroka Road, Arbuckle – seven hours after he was caught talking to himself in a ‘depressed state’ by police on covert listening devices.
The court heard that Lynn was in the process of fighting with the authorities to have his defense funded by Victorian Legal Aid.
While Mr. Dan is currently being paid privately for his services, the funding is expected to end as the legal process continues.
Crown prosecutor John Dickie told the court he intended to prosecute Lynn in October.
Lin, who has been in jail since November 2021, again did not apply for release on bail.
He will return to court in June where funding for his ongoing legal defense will be discussed again.
Why police believe campers were murdered
Russell Hill knew the rugged Wonnangatta Valley as well as anyone brave enough to venture this far into the woods.
It is this bravery that police suspect cost him and his secret lover, Carol Clay, his life.
Those who knew him claimed that he would never back down from a fight.
Weed sprayer Robert Williams told the court Mr Hill was a ‘grumpy old bugger’ who buzzed him with a drone.
Campers Damir Javor and Goran Miljkovic had seen the couple as they parked their vehicle at the campsite shared by Lynn.
The pair were stuck behind the elderly couple as they slowly made their way towards their campsite along the track, where two vehicles were already parked.
One of those cars was a white Landcruiser, the other was described as a blue Nissan Patrol – the same type of vehicle seized by police when they arrested Lynn. Last year on 22 November.