The jury tasked with deciding the destiny of a former Jetstar pilot charged with killing two aged campers has been instructed it is homicide or acquittal.
Lynn, 57, pleaded not responsible within the Supreme Courtroom of Victoria to the murders of Russell Hill, 74, and Carol Clay, 73, within the Wonnangatta Valley, within the state’s alpine area on March 20, 2020.
On Thursday, Justice Michael Croucher instructed jurors manslaughter was not a viable various cost as a result of lack of proof offered throughout the 5 week trial.
Greg Lynn is going through the final full day if his homicide trial
Carol Clay was allegedly shot within the head. Police do not understand how Russell Hill died
The jury heard their determination now needed to be a unanimous verdict of homicide or acquittal.
‘Manslaughter will not be accessible to you in its place cost on this trial,’ Justice Croucher mentioned.
‘Now that the entire proof has been heard counsel agree and so do I that if you weren’t glad past affordable doubt of homicide in every case, there could be no foundation for another verdict of responsible to manslaughter.’
Justice Croucher mentioned if the jury couldn’t be glad of a homicide conviction it couldn’t convict on manslaughter.
‘In these circumstances any responsible verdict of manslaughter within the various could be fallacious each in actual fact and as a matter of regulation,’ he mentioned.
‘Accordingly you should put manslaughter out of your minds. As an alternative the one cost earlier than you is homicide and it is so that you can decide.’
The jury heard the prosecution had offered no actual proof about how or why Lynn murdered Mr Hill.
‘The prosecution case regarding Mr Hill is that in unknown circumstances and by unknown means Mr Lynn murdered Mr Hill. Probably the most the prosecution can say concerning the circumstances is that Mr Hill and Mr Lynn should have argued not directly, maybe concerning the drone’ Justice Croucher mentioned.
Greg Lynn removes an awning from his 4WD after seeing it the 60 Minutes program
‘This led Mr Lynn to murdering Mr Hill in in any other case unknown circumstances by unknown means.
‘The prosecution case regarding Ms Clay is that in unknown circumstances, however to be able to remove her as a witness to the homicide of Mr Hill, Mr Lynn murdered Ms Clay by taking pictures her to the top together with his shotgun.’
The jury heard the Crown case hinged on Lynn’s efforts to scrub up the alleged crime scene proved he had dedicated the murders.
‘If dedicated within the perception he had murdered Mr Hill and Ms Clay, it is conduct the regulation calls incriminating conduct,’ Justice Croucher mentioned.
Turning to the defence case, Justice Croucher instructed the jury Lynn claimed Ms Clay died because of an unintentional taking pictures in the middle of a wrestle between himself and Mr Hill.
‘The defence case with reference to Mr Hill is that he died because of an unintentional stabbing in the middle of his assault on Mr Lynn.’
Justice Croucher defined to the jury that Lynn had maintained that model of occasions each throughout his document of interview and whereas within the witness field earlier than them final week.
The jury heard Lynn’s barrister Dermott Dann, KC claimed his shopper’s account matched the proof they’d been offered at trial.
‘In every case, submits Mr Dann, Mr Lynn’s account in relation to the killings is in keeping with quite a few different objects of proof, together with the fireplace proof, the anthropological proof, the insect proof, the medical proof, the cellphone tower proof, the blood splatter proof, the DNA proof and the firearms proof,’ Justice Croucher mentioned.
Melanie Lynn and her step son Geordie sat hand-in-hand immediately in entrance of Greg Lynn for the closing deal with by Justice Croucher
Justice Croucher mentioned Mr Dann claimed the jury wanted to simply accept Lynn’s account, settle for it is likely to be true or settle for they can not agree past affordable doubt he’s responsible of the murders.
‘Mr Dann submits that aside from Mr Lynn’s account and the proof that helps it, there’s a full absence of proof as to the technique of which Mr Hill died or as to the circumstances,’ he mentioned.
‘Whereas we all know Ms Clay died because of a gunshot wound to the top, aside from Mr Lynn’s account there’s a full lack of proof as to the circumstances to which Ms Clay died.
In Mr Dann’s submission the prosecution are successfully asking you to fill within the huge gaps of their case with hypothesis.’
In closing his case on Wednesday, Mr Dann was scathing of the prosecution case.
‘There is no such thing as a factual foundation on the prosecution case. They’ve none, nought, whole clean,’ Mr Dann mentioned.
‘There is not any proof … you are being requested to discover a man responsible of homicide.
‘On the prosecution case there’s zero factual basis, zero motive – only a full clean.
‘Does that sit nicely with you? I imply how can it?’
Mr Dann mentioned whereas his shopper admitted to the crime of disposing of proof, he couldn’t be discovered responsible of homicide primarily based on the proof offered at his trial.
‘On the prosecution case there’s zero factual basis, zero motive – only a full clean.
‘Does that sit nicely with you? I imply how can it?’
‘We’re in a homicide trial. You are attempting to do your responsibility as jurors and being requested to convict a person. Effectively you simply cannot say “nicely look we have no proof however let’s simply convict him anyway”. That is not the way it works,’ Mr Dann mentioned.
Lynn’s barrister Dermott Dann KC savaged the prosecution case on Wednesday
Mr Dann mentioned Lynn had no purpose to homicide the aged campers.
‘(Prosecutor) Mr Porceddu in his cross examination of Mr Lynn stored asking these questions on him being a pilot, you are skilled to remain calm and cope with irritating conditions … every time he requested such a query it solely made the alleged homicide of Mr Hill increasingly more and extra inconceivable,’ he mentioned.
‘Why would that man you noticed within the witness field, this calm, composed man, what’s he going to kill Mr Hill for when there is no obvious purpose to take action?’
Mr Dann mentioned a prosecution idea Lynn killed the couple over a dispute about his flying of a drone had no proof to assist it.
‘That is not a motive. That is not being put ahead as a motive. The prosecution settle for they do not know something concerning the motive with regards to Mr Hill,’ Mr Dann mentioned.
‘So that’s the reason we are saying women and gentleman to you that they do not have a case. There is no such thing as a meat on the bones. There’s nothing.’
Mr Dann described the prosecution case as hopeless.
The jury is anticipated to retire to think about its verdict on Friday.
