Greg Lynn appeal: high country murder conviction overturned | Victoria

Former pilot Greg Lynn has had his conviction for murdering an elderly camper in the Victorian high country overturned in a stunning decision made by the state’s highest court.

Lynn, 59, was found guilty in June last year of murdering 73-year-old grandmother Carol Clay in 2020, but was acquitted of murdering her fellow camper and lover Russell Hill, 74.

He was sentenced to a minimum of 24 years in prison for murdering Clay.

The Victorian court of appeal on Thursday ruled that Lynn’s conviction be overturned, and ordered that a new trial should be held in the case.

The reasons for the verdict are yet to be published.

Justice Karin Emerton said that without prejudicing any possible further applications for bail, Lynn would be remanded in custody until an appearance before the supreme court on 28 January.

Shortly after Emerton delivered the appeal verdict, Lynn stood in the dock and turned to smile at one of his sons, who was in court.

His son was sitting immediately behind Emma Davies, Clay’s daughter, who was inconsolable after the verdict was delivered. In October, the court heard that the former Jetstar was contesting the conviction on four grounds. He also appealed against his sentence.

Lynn argued in written submissions filed as part of his appeal that a substantial miscarriage of justice occurred in circumstances where the prosecutor “launched a sustained attack on the credibility of [Lynn’s] account” without putting that information to the former Jetstar pilot when he was giving evidence.

The “jury travelled down an impermissible pathway” in reaching their verdict, his submissions alleged.

Lynn also submitted that the prosecution’s approach to the evidence of a police ballistics expert, Paul Griffiths, was a “further serious departure from the rules that govern the fair conduct of criminal trials”, and that the guilty verdict was unsafe and unsatisfactory.

Lynn’s legal team, including barristers Dermot Dann KC and Michael McGrath, left court without commenting on the possibility that Lynn may apply for bail.

Lynn’s son did not comment to the media.

Det Sgt Brett Florence, the officer in charge of the investigation, did not speak about the verdict outside court, but asked media to respect the Clay and Hill families.

“If everyone can please leave the families alone, they’re devastated,” he said.

The appeal was presided over by justices Emerton, Phillip Priest and Peter Kidd.

The short hearing was over in minutes. Lynn, sporting a crew cut, arrived at court shortly before the verdict was delivered, clutching a clear A4 plastic document folder in front of him.

He maintained the elderly couple died during a struggle at the campsite: Clay when a shotgun accidentally discharged as he wrestled with Hill, and Hill when a knife he was holding in a bid to attack Lynn accidentally went through his chest.