Airline pilot Greg Lynn has won his appeal against his conviction for allegedly murdering camper Carol Clay.
In a unanimous decision on 11 December, Court of Appeal judges Karin Emerton , Phillip Priest and Peter Kidd ruled there were “serious irregularities” during the original trial that could not be remedied, leading to a “substantial miscarriage of justice”.
The judges ordered Lynn to be remanded to face a re-trial. and his conviction was set aside.
On 18 October, Lynn was jailed for up to 32 years with a non-parole period of 24 years at the Victorian Supreme Court after a jury found him guilty of shooting Mrs Clay in the head at a Victorian high country campsite in March 2020.
The jury acquitted Lynn over Mrs Clay’s companion Russell Hill’s death.
The former Jetstar pilot maintained his innocence, claiming the deaths of both Mrs Clay and Mr Hill were accidental.
He conceded he destroyed the couple’s remains and much of the campsite’s evidence.
He appealed the verdict with his lawyers arguing it was unsafe as prosecutors put forward an unfair case and had failed to properly cross-examine Lynn.
However prosecutors rejected all claims the trial was unfair, despite admitting cross-examination could have been better.
The appeal judges asked prosecutors if they will pursue Lynn on manslaughter charges for both deaths if he faces a new trial.
Prosecutor Kathryn Hamill asked to be given time to discuss this with Victoria’s Director of Public Prosecutions and would pass a note to the court.
On Thursday the judges returned to the court and allowed his appeal, ordering that he face a fresh trial over Ms Clay’s murder conviction.
Mr Hill’s daughters, Deborah and Colleen, sat in court and appeared emotional as the decision was handed down.
Lynn was remanded in custody and will return to the Supreme Court for a directions hearing on January 28.
