Greg Lynn Refused Bail, Remains in Custody for Retrial in Carol Clay Murder Case
Former pilot Greg Lynn was refused bail by the Court of Appeal on Thursday, and will remain in custody while awaiting a retrial for the alleged murder of camper Carol Clay. The decision followed arguments presented by both the defence, citing exceptional circumstances for release, and the prosecution, who highlighted the strength of their case.
Justice David Beach concluded that Lynn failed to demonstrate exceptional circumstances justifying release, emphasizing the overarching importance of community safety.
Background
Greg Lynn, 59, a former Jetstar pilot, is accused of the murder of 73-year-old Carol Clay in Gippsland’s Wonnangatta Valley in March 2020. At the time of the alleged incident, Ms. Clay was camping with Russell Hill, 74.
Lynn was arrested on November 25, 2021. He was convicted in November 2023, but this conviction was subsequently set aside by the Court of Appeal in December of the same year, and he was granted a retrial.
Bail Application Hearing
Lynn's defence team filed an application for bail with the Victorian Supreme Court, which was subsequently heard before Justice David Beach of the Court of Appeal.
Defence Arguments
Defence barrister Dermot Dann, KC, argued for Lynn's release, citing several factors as exceptional circumstances:
- Lynn has been in custody since November 2021.
- He was assaulted while in custody and subsequently placed in protective custody.
- He suffers from an existing heart condition.
- The case has received extensive media coverage.
The defence proposed that Lynn reside with his eldest son, Geordie Lynn, under strict conditions. Geordie Lynn offered the equity in his property, valued between $30,000 and $70,000, as a guarantee. Lynn's wife, Melanie Lynn, could not serve as a bail guarantor due to a current restraining application on her property.
Proposed bail conditions included daily police reporting, surrender of his passport, and restrictions on international travel and a curfew. Lynn maintains that Ms. Clay's death resulted from a gun accidentally discharging. The defence counsel also noted that the prosecution had not alleged Lynn would pose an unacceptable risk to the community if released under specific conditions.
The defence sought release on strict conditions, highlighting Lynn's prolonged custody, health issues, and vulnerability, while asserting no unacceptable risk to the community.
Prosecution Opposition
Prosecutor Mark Gibson, KC, opposed the bail application, asserting that the Crown has a strong case against Lynn. Gibson stated that Ms. Clay was shot in the head with a projectile from Lynn's gun while near the rear wheel of a vehicle.
He emphasized that Lynn's shotgun was involved, he was present, and there was "extreme" post-offence conduct, which collectively suggests a strong likelihood of a guilty finding.
Police informant Sergeant Brett Florence considered Lynn a flight risk due to his extensive background as a pilot and flight instructor since 1987, including a role as a senior check captain for Jetstar from 2014 to 2021.
Judge's Decision
On Thursday, Justice David Beach refused the bail application. He stated that Lynn failed to demonstrate exceptional circumstances justifying release.
Justice Beach acknowledged Lynn's character, prior community commitments, vulnerability in custody, and potential issues with the prosecution's case. However, he emphasized the overarching importance of community safety and concluded that the required exceptional circumstances for bail were not met.
Future Proceedings
A date for Lynn's retrial has not yet been definitively set. While a potential retrial date had been flagged for July, and it could occur as early as the second half of the current year, no new trial date has been confirmed. Lynn will remain in custody pending the retrial.