Former Airline Pilot Greg Lynn Seeks Bail to Live with Son Ahead of Retrial
In a significant legal development, former Jetstar pilot Gregory Lynn has appeared in the Victorian Supreme Court, with his lawyers vigorously arguing for his release on bail. Lynn, aged 59, has been in custody for nearly three years and is now seeking to live with his son, Geordie, as he awaits a retrial for the alleged murder of 73-year-old grandmother Carol Clay in 2020.
Court Hears Bail Application Amidst Retrial Preparations
During the hearing on Thursday, justice David Beach indicated that a new trial could potentially commence as early as July. This follows a ruling by the Victorian Court of Appeal in December, which overturned Lynn's 2024 conviction for murdering Clay, citing a substantial miscarriage of justice in the earlier trial. The court ordered a retrial, but Lynn's legal team is pushing for a delay until at least 2028, arguing that an earlier trial would be unfair to their client.
Dermot Dann KC, representing Lynn, emphasized that his client should be granted bail in the interim. He highlighted that Lynn's son has offered a substantial surety exceeding $400,000 and has committed to allowing his father to reside with him. Additionally, Geordie has pledged to report any breaches of bail conditions to the authorities, underscoring the family's support and the low risk posed by Lynn.
Legal Arguments and Prosecution's Stance
Dann contended that the prosecution's case is fraught with difficulties and complications, describing it as "weak" and "absolutely unique" in its circumstances. He argued that keeping Lynn in jail while awaiting trial would undermine the concept of a fair trial, stating, "It cannot be just having him sitting in jail waiting for the damage to unravel somehow with – and only with – the passage of time." The prosecution, however, opposed bail, with Mark Gibson SC disputing the characterization of the case as weak. Gibson asserted that it is an established fact that Clay was shot in the head with Lynn's shotgun while he was present, and pointed to relevant post-offence conduct that strengthens the case.
Gibson further argued that Dann had not demonstrated exceptional circumstances necessary for granting bail in such a serious matter. Meanwhile, Dann indicated that Lynn maintains his innocence, claiming that Clay's death was an accidental shooting at the campsite. Justice Beach has reserved his decision on the bail application until 5 March, leaving the legal outcome in suspense.
Implications for the Upcoming Trial
The interplay between the bail application and an impending request for a permanent stay in the case adds complexity to the proceedings. Dann noted a catch-22 situation, as the outcome of the stay application could influence the bail bid. However, he insisted that the unique circumstances warrant Lynn's release from custody regardless. This case continues to draw attention as it navigates the delicate balance between ensuring a fair trial and addressing public safety concerns in the Victorian legal system.
