Ex-Jetstar pilot Greg Lynn may never stand trial over the alleged murders of secret lover campers Russell Hill, 74, and Carol Clay, 73, a court has heard.
Lynn appeared via videolink in the Supreme Court of Victoria on Thursday where his barrister Dermot Dann, KC, revealed he wanted 15 pieces of evidence dumped amid claims Victorian homicide detectives obtained them unlawfully.
‘Depending on the outcome of these applications to exclude evidence, apart from the possibility of interlocutory appeals, there would be time needed for the defence – if there is still a trial – to assess their position because it will present pretty significant choices and decisions,’ Mr Dann said.
Greg Lynn, 56, will stand trial in the Supreme Court of Victoria on two counts of murder next year, if at all
Carol Clay (left) was allegedly shot dead by Lynn before Russell Hill (right) was stabbed to death
Police allege Carol Clay was shot while standing toward the rear of this vehicle, which was damaged by fire after the alleged crime
The jury trial is now not expected to formally begin until sometime in February next year, with its trial date in October now being used to sort out what evidence can still be relied upon by police.
Much of the conversation is expected to revolve around Lynn’s four-day police record of interview, which Lynn hopes to have wiped 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 whopping 773-page brief of evidence against Lynn.
Many of those pages contain the contents of Lynn’s nine-plus hour interview, which was recorded at Sale police station directly after his arrest in November 2021.
Mr Dann has long argued his client’s interview should be ruled inadmissible from any murder trial.
‘There are 15 items of evidence that we are going to make application for exclusion, including the record of interview and basically everything that flows thereafter,’ he told the court on Thursday.
Mr Dann said the outcome could result in an interlocutory appeal, which could ultimately render the trial against Lynn unnecessary.
While the contents of what exactly was discussed by police with Lynn cannot be revealed, Mr Dann described it during a preliminary hearing last year as ‘explosive’.
‘It’s just that these items of evidence are potentially game changing in terms of the way the trial will be conducted by the prosecution,’ he told the court then.
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. Almost 300 relevant recordings came after the airing of a 60 Minutes special on the missing campers
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Lynn’s barrister Dermot Dann, KC (pictured left leaving court last year) plans to fight the admissibility of his client’s record of interview with police
Respected Detective acting-Sergeant Brett Florence and his offsider Detective Leading Senior Constable Daniel Passingham are expected to again be grilled by Mr Dann over how they dealt with Lynn after his arrest.
Police allege Lynn blasted Ms Clay in the head with a shotgun after getting into an angry confrontation with Mr Hill over the use of his drone in the national park, which is illegal.
Their remains would not be found until November 2021 – some 20 months after they were allegedly murdered.
Lynn was arrested at the intersection of Doolans Plains Road and Moroka Road, Arbuckle – some seven hours after he was heard by police on secret listening devices talking to himself in a ‘depressed state’.
The court heard Lynn was also in the process of fighting with authorities to have his defence funded by Victorian Legal Aid.
While Mr Dann is currently being paid privately for his services, that funding is expected to dry up as the legal process drags on.
Crown prosecutor John Dickie told the court he was keen to bring Lynn to trial in October.
Lynn, who has been in jail since November 2021, again made no application to be released on bail.
He will return to court in June where funding for his ongoing legal defence will again be discussed.
