The jury within the Greg Lynn homicide trial has been reminded of a collection of prosecution errors after returning to court docket to ask the choose a query.
The previous Jetstar pilot has pleaded not responsible within the Supreme Courtroom of Victoria to the murders of secret lovers Russell Hill, 74, and Carol Clay, 73, within the Wonnangatta Valley, in Victoria’s Alpine area, on March 20, 2020.
On Wednesday, Justice Michael Croucher instructed the jury they have been capable of watch recordings of each Lynn and ballistics knowledgeable Senior Constable Paul Griffiths giving their proof in court docket.
Greg Lynn is showing on the Supreme Courtroom of Victoria
Secret lovers Russell Hill, 74, and Carol Clay, 73, died within the Wonnangatta Valley, in Victoria’s Alpine area, in March 2020.
The jury had requested the query earlier than retiring for the day on Tuesday.
In telling the jury they might entry the video recordings, Justice Croucher reminded them a few collection of instructions he gave after the closing addresses have been delivered final week.
Justice Croucher instructed the jury they wanted to recall his instructions on ‘equity’ whereas re-watching the proof once more on video.
On Friday, Justice Croucher took intention at Crown prosecutor Daniel Porceddu for breaking the effectively established guidelines of ‘equity’ in his closing handle.
‘The rule of equity was breached by Mr Porceddu when making arguments to you,’ he instructed the jury.
‘Had Mr Porceddu requested Mr Lynn these questions, put these propositions to him, Mr Lynn could effectively have been capable of reply in a robust and convincing method.’
The jury heard Mr Porceddu made the error of constructing submissions in his closing handle that he didn’t give Lynn a possibility to reply whereas he was within the witness field final week.
‘In assessing the prosecution case on these issues you have to take into consideration Mr Lynn … was not given the chance by the prosecutor to instantly reply these factors,’ he mentioned.
‘Due to this breach in primary guidelines of equity and due to these penalties of the breach, chances are you’ll extra readily reject the prosecution argument and will extra readily reject the inferences the prosecution needs you to attract.’
The shotgun police say Greg Lynn used to homicide aged camper Carol Clay
Greg Lynn’s shotgun was geared up with a laser sight
On Wednesday, Justice Croucher instructed the jury once more that Lynn is presumed harmless and didn’t must show ‘a single factor’ to them.
The jury was instructed they wanted to be glad past cheap doubt Lynn was responsible of homicide to return such a verdict.
Justice Croucher instructed the jury Lynn and Senior Constable Griffiths had not been given a possibility to answer a number of allegations put to them by Mr Porceddu in his closing handle.
Justice Croucher mentioned the jury wanted to observe each the prosecution questioning and defence cross-examination of each witnesses to ‘get the total image’.
The court docket heard the jury was granted entry to greater than 5 hours of video captured of Lynn and the ballistics knowledgeable, which they are going to evaluate behind closed doorways.
The jury retired to contemplate its verdict on Monday afternoon and has now sat a full day-and-a-half deliberating.
Senior Constable Griffiths had beforehand instructed the jury he discovered the 12-gauge slug on March 2, 2022 allegedly used to kill Ms Clay on the location the place her burnt campsite was discovered.
The mangled slug was additional discovered to comprise fibres and ‘organic materials’ believed to have been that of Ms Clay.
The jury has beforehand heard claims the slug that killed Ms Clay blew off the passenger facet mirror of Mr Hill’s Landcruiser earlier than hanging Ms Clay within the head.
‘Provided that fairly a while had handed we had to make use of a sieving method. So we went down near an inch in that space,’ he mentioned.
Utilizing a metallic detector, the detective situated glass fragments and the slug, he instructed the court docket.
‘It was a fired projectile with a big quantity of influence injury,’ Senior Constable Griffiths mentioned.
One other search per week later turned up extra alleged proof, together with bone fragments.
Police imagine the facet mirror of Russell Hill’s automotive was shot off (pictured)
Senior Constable Griffiths mentioned he was directed again into the bush in March 2022 within the hope of discovering proof which will have been missed earlier.
‘The aim was to seek for different gadgets and, from reminiscence, discover cartridge circumstances … and different bone fragments,’ he instructed the jury.
His proof was savaged by Lynn’s barrister Dermott Dann, KC.
Below cross examination, Senior Constable Griffiths got here below fireplace for failing to test Lynn’s story earlier than performing trajectory checks.
The jury heard the detective had not used Lynn’s shotgun to carry out the checks, regardless of beforehand telling a preliminary listening to he had.
‘That is only a botched train isn’t it,’ Mr Dann mentioned.
‘It’s fully correct,’ got here the response.
Lynn himself spent a lot of a day within the witness field giving his model of occasions.
Whereas Lynn has at all times denied murdering the couple, the jury heard he freely admitted to cleansing up the alleged crime scene and destroying the proof.
‘It was despicable,’ Lynn conceded.
‘All I can say to the households is that I’m very sorry for all your struggling that I’ve precipitated … sure I needs to be punished for it. For what I did.’
The jury heard Lynn had provided to plead responsible to the destruction of proof earlier than occurring trial, nevertheless it had been rejected by the prosecution.
‘I’m harmless of homicide,’ he mentioned. ‘I’m harmless (of manslaughter too). I have never killed anybody.’
Dressed neatly in a go well with and dark-rimmed spectacles, the previous pilot spoke in a cool and calm method as he took the jury by means of the bloody particulars of what police allege was chilly blooded homicide.
