The Victorian Court of Appeal has asked prosecutors whether they would consider bringing manslaughter charges against Greg Lynn if his murder conviction is overturned. Lynn, 59, was found guilty in June last year of murdering 73-year-old Carol Clay in Victoria's high country, but acquitted of murdering her companion Russell Hill. He is appealing both his conviction and his minimum 24-year sentence.
During a hearing on Thursday, the court asked the Office of Public Prosecutions (OPP) to clarify whether it would charge Lynn with manslaughter instead of murder if a retrial were ordered. The justices also sought advice on whether the prosecution would rely on a motive that Lynn killed one camper to prevent them from witnessing the death of the other.
Lynn's lawyers argue that a substantial miscarriage of justice occurred, including that the prosecutor launched a sustained attack on Lynn's credibility without putting key matters to him during cross-examination. They also claim the prosecution's approach to a firearms expert's evidence was improper, and that there is a risk the jury followed an impermissible path in reaching its guilty verdict.
Lynn maintains that Hill's death resulted from a struggle over a shotgun, which accidentally discharged and killed Clay, and that Hill later died after being stabbed with a knife during a subsequent struggle. The court heard that Lynn moved the bodies multiple times and set them alight to conceal his actions.
Justice Phillip Priest acknowledged the visceral reaction to Lynn's treatment of the bodies but emphasised the need for an objective approach to sentencing. The OPP has until the end of Thursday to respond, with Lynn's legal team given until Friday to reply.
