Lawyers Assert Greg Lynn Faces Unfair Retrial Delay This Year
Defense attorneys argue that Greg Lynn, a former Jetstar pilot, should be granted bail due to the likelihood of an unfair retrial this year. Lynn, 59, is accused of murdering Carol Clay, who went missing in March 2020 during a camping trip in Victoria’s High Country. In November 2024, he was sentenced to 32 years in prison after being found guilty. However, the Court of Appeal annulled his conviction in December, citing significant trial irregularities.
Arguments for Bail
Mr. Lynn’s legal representative, Dermot Dann KC, stated that there are “exceptional circumstances” warranting bail. Key points raised by the defense include:
- The anticipated delays before a retrial.
- Issues concerning the prosecution’s case.
- Mr. Lynn’s vulnerability while in custody.
According to Mr. Dann, Lynn would live with his son if released, enhancing his support network. He emphasized that Lynn’s family structure is robust, noting their upcoming 22nd wedding anniversary. Further, Lynn’s son has committed his life savings and home equity to secure bail.
The Prosecution’s Position
On the opposing side, prosecutors maintain that the defense has not achieved the “high bar of exceptional circumstances” needed for bail. They argue that:
- Lynn possesses a shotgun linked to the crime.
- He was present at the crime scene.
- There was noteworthy post-offense conduct.
Mark Gibson KC, representing the prosecution, stated that these factors are sufficient to deny bail.
Retrial Considerations
Supreme Court Judge David Beach indicated that a retrial could occur as early as August, provided that media reporting is restricted prior to this date. He expressed the importance of a “clear air” period of six months to ensure an impartial jury. Gibson reassured that jurors will be instructed to excuse themselves if they feel unable to assess the case impartially.
A decision on Lynn’s bail application is expected on March 5, while the defense has until June 19 to file for a stay of proceedings.
