Accused High Country killer Greg Lynn is urging the court to release him back into the community to live with his eldest son.
Lynn, 59, faced the Court of Appeal on Thursday, charged with the shooting murder of retiree Carol Clay, 73, as she camped in the Wonnangatta Valley in March 2020. At the time, Clay had been camping with friend Russell Hill, 74.
The court has flagged a potential retrial date in July.
Defence barrister Dermot Dann, KC, argued that his client – a former Jetstar pilot – had been in custody for years and should be released to live with family who supported him.
Dann said Lynn could not be bailed to live with his wife of 21 years, Melanie Lynn, but that he should be released under strict conditions to reside with son Geordie Lynn.
Lynn’s son, Dann said, was prepared to put up the equity in his property, which he purchased for $475,000. This was expected to be “life savings” of between $30,000 and $70,000.
Melanie Lynn’s home, in Caroline Springs, was unavailable as a bail guarantee because of a current restraining application on the property. Melanie and Geordie were both present in court, waving and smiling at Lynn before taking seats in the back row.
“We say it’s significant that he’s [Geordie] prepared to put up his life savings,” Dann said.
In arguing for bail, Dann said his client had been assaulted while in custody, held in protection, that there had been extensive media reporting on the case, and that Lynn suffered from a heart condition.
“His time in custody has been difficult,” Dann said. “We say there are exceptional circumstances.
“It can’t be fair that this man has to sit in jail waiting for this damage to somehow fade away.”
When asked by Justice David Beach about the fact that allegations against Lynn were a “terrible and shocking crime”, Dann said that was why a bail application had not been made until now.
Lynn maintains he shot Clay at the campsite by accident, when a gun discharged and struck her in the head.
Dann labelled the case against his client as weak and noted the prosecution did not allege Lynn would be an unacceptable risk to the community if released on bail with certain conditions.
“A curfew, not to attend international points of departure … whatever it takes,” Dann suggested.
Crown prosecutor Mark Gibson, KC, disagreed, telling the court they had a strong case that included Clay being shot in the head with a projectile from Lynn’s gun while the elderly woman was near the rear wheel of a vehicle.
“It was his shotgun. He was present, and there is post-offence conduct which we submit is extreme,” Gibson said.
“When you look at all those matters, open to conclude … that this is a case which is quite strong.
“A finding of guilt is well open [to a jury]. Bail should be refused.”
The former pilot is accused of murdering retiree Clay in the Wonnangatta Valley in March 2020.
Beach, the Court of Appeal judge, is expected to hand down his decision on bail next week.
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Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: www.smh.com.au
