Ex-pilot ‘overcharged’ with murder: defence - news.com.au

Lawyers acting for the man accused of murdering two elderly campers have argued the whole trial “could have been avoided”.

Gregory Stuart Lynn, 57, returned before the Victorian Supreme Court on Wednesday as the fifth week of his double-murder trial enters its final stages.

The trial was unable to proceed until after midday, the jury was told, as the court was experiencing a “court-wide problem with the recording technology”.

The former Jetstar captain has pleaded not guilty to the murders of Russell Hill and Carol Clay, saying the pair both died in tragic accidents not of his choosing.

But prosecutors allege Mr Lynn likely murdered Mr Hill first, probably after a dispute with the 74-year-old, before shooting Mrs Clay, 73, in the head as a witness to the first slaying, on March 20, 2020.

Prosecution have an “overwhelming case” for destruction of evidence: Defence

Delivering his closing address, Mr Lynn’s barrister Dermot Dann KC told the jury Mr Lynn’s account of two accidental deaths had gone “completely unchallenged” by the prosecution when he stepped into the witness box.

“That was the moment the prosecution case was all over, the failure to engage Mr Lynn in that cross examination,” Mr Dann said.

He told the jury his client’s unchallenged version was “totally inconsistent” with murder, suggesting what was left was a “overwhelming case” for an alternative charge of destructions of evidence.

“What we say is they’ve got the wrong change —they’ve overcharged him —he should have been charged with destruction of evidence …. this all could have been avoided,” Mr Dann said.

Last week, while Mr Lynn was on the stand, he told the jury he’d offered to plead guilty ahead of the trial to this charge.

Prosecutors have ‘no case’ against Mr Lynn: defence

Mr Dann urged the jury to find his client not guilty on both murder charges, arguing the prosecution had “completely failed” to present a coherent case.

He begun his final address by taking the jury through what he termed the 17 “lowlights” of the case, including an opportunistic approach to evidence and “half-baked” theories.

“That is how desperate this prosecution case has become – outside the rules, making things up ... all on this big stage,” he said.

“It just smacks of a prosecution case that’s just gone off the rails.”

He told the jury, in respect of the alleged murder of Mr Hill, there was a complete dearth of evidence on how and why he was killed.

“What you do have is Mr Lynn telling you of the struggle over the knife,” he said.

“What challenge was there to Mr Lynn’s account of the accidental death of Mr Hill — zero. We’re in a murder trial, you can’t say we don’t have any evidence just convict him anyway.”

In respect of Mrs Clay’s alleged murder, Mr Dann said, other than skull fragments which supports Mr Lynn’s account of her being accidentally shot during a struggle over the gun, there was the “same fundamental problem”.

“What’s put to him (Mr Lynn) is some imaginary scenario of spraying bullets at Mrs Clay,” he said.

“That was done in total desperation, there’s no factual basis to support that.”

He said the prosecution had failed to disprove any of his client’s account of the deaths despite two and a half years to do so.

“You can’t say he’s engaged in this conduct of moving the bodies ...let’s convict him of murder. It is truly just a hopeless case,” he said. 

“How can you find someone guilty in a compete factual vacuum.”

Prosecutor broke ‘fairness’ rules: Mr Dann

The defence barrister told the the jury the “biggest lowlight” of the trial occurred on Tuesday when crown prosecutor Daniel Porceddu delivered his closing remarks.

He said 20 “desperate” statements made by the prosecutor had breached century-old rules ensuring an accused person be given a chance to respond to any allegation put against them.

“It was a disgraceful performance,” Mr Dann said.

These included; claiming Mr Hill and Mrs Clay’s affair was irrelevant to the case, a suggestion Mr Lynn had changed his story when confronted with the proposition a “guy rope” would have entangled him, claims he had always planned to obliterate their bodies and a suggestion Mr Lynn’s car light would have come one if Mr hill stole his shotgun.

“There are massive problems with the prosecution case, you can’t put the presumption of innocence to one side,” Mr Dann said.

“That is the recipe of injustice and tyranny.”

Prosecutors failed to challenge Mr Lynn on ‘post-death behaviour’: Defence

Key to the prosecution case, Mr Dann said, was the suggestion the jury could use Mr Lynn’s actions in contaminating the scene and disposing of the bodies as incriminating conduct to prove he believed he had murdered the pair.

But he said the prosecution had completely failed to challenge Mr Lynn when he was in the witness box on this.

Mr Dann said his client had told detectives he took steps to hide his involvement fearing he would be wrongly blamed.

“He thought he was going to be blamed for the deaths and he’s 100 per cent correct,” he said.

“Of course he was thinking of himself, of course he was selfish... He’s admitted all that.”

Mr Dann told the jury Mr Lynn’s evidence went unchallenged by the prosecution, because they “knew the prosecution case was going to come off second best”.

Ex-pilot’s account ‘completely’ supported by evidence: Defence

Mr Dann took aim at Crown prosecutor Daniel Porceddu’s submission on Tuesday that the jury should disregard Mr Lynn’s account as a “fanciful” fabrication rehearsed prior to his arrest.

He told the jury his client had been asked 1200 questions during his police interview in November 2021, with “zero” now proven to be a lie.

Mr Dann took the jury through Mr Lynn’s account of what happened in March 2020, saying “it all ties in with the evidence”.

“Where’s the fiction? where’s the fantasy?” he questioned.

“What are the odds, every time you get the chance to test his account it’s correct.”

Mr Dann suggested some statements made by Mr Lynn, such as Mr Hill use of a drone, could have exposed his client to “extraordinary risk” if proven to be false.

On Tuesday, Crown prosecutor Daniel Porceddu urged the jury to find Mr Lynn’s account was “fanciful” and did not make sense.

“We urge you to see the accused’s account for what it is. A carefully constructed fiction developed over one year, eight months,” he said.

Mr Porceddu said he was not able to provide a motive or mechanism for the deaths, other than skull fragments suggesting Mrs Clay was shot at Bucks Camp, because Mr Lynn had “deliberately obliterated any forensic evidence”.

Mr Porceddu suggested this was “completely disproportionate” to other explanations, including accidental death or unintentional killings, the “only reasonable” conclusion the jury could reach is murder.

Also on Tuesday, Justice Michael Croucher told the jury that once the closing addresses were completed, he would commence giving the jury their “charge” before sending them out to reach a verdict.

“That will probably be, at the earliest, on Thursday sometime, perhaps Friday,” he said.

The trial continues.

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2024-06-12 08:15:00Z
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