Supreme Court releases details of convicted murderer Greg Lynn's appeal over camper Carol Clay's death
Greg Lynn has lodged an appeal against a jury's finding that he murdered camper Carol Clay. (Supplied/ABC News)
In short:
Greg Lynn's appeal against his conviction for murdering camper Carol Clay is based on four grounds.
His lawyers have taken aim at prosecutors, police and the jury's decision.
What's next?
The Court of Appeal will decide whether to consider Lynn's legal challenge, potentially setting the stage for hearings in 2025.
Greg Lynn's lawyers say he suffered "a substantial miscarriage of justice", as details of the convicted murderer's appeal can now be revealed.
The former Jetstar pilot is appealing against a jury's decision that he was guilty of murdering retiree Carol Clay, 74, during a campsite dispute in Victoria's High Country in 2020.
The fight, which was not witnessed by anyone else, also resulted in the death of Ms Clay's companion, Russell Hill.
Lynn continues to maintain his innocence, arguing that he was not to blame for either death.
His upcoming appeal is based on four grounds, according to court documents released by the Supreme Court of Victoria.
Lynn's lawyers say he was not given a chance to respond to the prosecution's attack. (AAP Image: Joel Carrett)
The defence team will argue that prosecutors "launched a sustained attack" on the credibility of Lynn's story about what happened at Bucks Camp in the Wonangatta Valley, without giving him an opportunity to respond.
The closing address made by Crown prosecutor Daniel Porceddu came under fire by Lynn's lawyers and Justice Michael Croucher during the trial.
Mr Porceddu made several contentious statements to the jury as he closed the Crown case, arguing Lynn had changed parts of his story to make it sound more believable after seeing evidence play out during the trial.
That accusation was never put to Mr Lynn, despite him taking the stand and making himself available to be cross-examined.
Lynn's lawyers have objected to Crown prosecutor Daniel Porceddu's closing address. (ABC News: Patrick Rocca)
The second ground for Lynn's appeal will be the evidence of Victoria Police ballistics expert Paul Griffiths.
Lynn's lawyers argued it "involved a further serious departure from the rules that govern the fair conduct of criminal trials".
During the trial, Lynn's lawyers accused police of burying the results of one of Mr Griffith's tests and called the ballistics analysis "a botched exercise".
The test in question, Lynn's lawyers argued, showed that it was plausible Ms Clay was accidentally shot and not killed in cold blood.
The third and fourth limbs of Lynn's appeal relate to the jury's decision making, and say "a substantial miscarriage of justice" occurred in his case.
"There is an unacceptable risk that the jury travelled down an impermissible pathway in arriving at their guilty verdict as regards [to] the charge of murder involving Mrs Clay," Lynn's lawyers wrote.
"The guilty verdict of the jury is unsafe and unsatisfactory."
Barrister Dermot Dann KC has questioned how the jury reached its verdict. (AAP Image: James Ross)
The convicted murderer is also appealing against the 32-year jail term imposed by Justice Michael Croucher, calling it "manifestly excessive".
It will now be up to the Court of Appeal to rule on whether it will consider Lynn's appeal — and if so — whether it has any merits.
His lawyers, Dermot Dann KC and Michael McGrath, will make oral arguments to the appeal judges if a hearing is granted, likely next year.
"I wish to be present personally at the oral hearing," Lynn wrote in his appeal application.
Lawyers pushing to have Lynn released
If Lynn is successful, the Court of Appeal could order a retrial in the Carol Clay murder case.
Lynn will not be retried on the murder charge relating to Russell Hill, because he was found not guilty.
However, Lynn's lawyers have hinted at loftier goals than just securing a retrial — and could be hoping to have his current jail sentence put on hold, or to have him freed without facing another trial.
Lynn could face a new trial in 2025 but his lawyers have also hinted at an attempt to have him released from jail. (Supplied: Supreme Court of Victoria)
Back in July and as recently as last week, Mr Dann flagged the possibility of a "stay application" being made in future.
"The [media] reporting since the trial, since the verdict, has poisoned the well of justice to such an extent that … the prospect of Mr Lynn receiving a fair trial in the immediate future is utterly remote," Mr Dann told the Melbourne Magistrates' Court on November 22.