In a significant legal development, former airline pilot Greg Lynn has petitioned the Victorian Supreme Court for bail, seeking to live with his son while his lawyers pursue a permanent stay in his murder case. The 59-year-old, who has been in custody for nearly three years, appeared before Justice David Beach on Thursday as his defense team argued for his release ahead of a potential retrial.
Case Background and Conviction Overturn
Greg Lynn faces charges for the 2020 murder of 73-year-old grandmother Carol Clay. In 2024, he was convicted of Clay's murder but acquitted of killing her fellow camper and lover, 74-year-old Russell Hill. However, the Victorian Court of Appeal overturned this conviction in December, ruling that a substantial miscarriage of justice had occurred during the initial trial. The court subsequently ordered a new trial, which Justice Beach indicated could commence as early as July.
Defense Arguments for Bail
Dermot Dann KC, representing Lynn, vigorously contended that his client should be granted bail, emphasizing that Lynn's son, Geordie, has offered a substantial surety exceeding $400,000 and is willing to house his father. Dann assured the court that Geordie would report any breaches of bail conditions to authorities. The defense highlighted that the prosecution itself acknowledges Lynn does not pose an unacceptable risk of reoffending if released.
Dann argued that holding a trial before 2028 would be fundamentally unfair, stating, "If we value the concept of a fair trial, and we're serious about that, how can we possibly subject this man to a trial under these circumstances?" He described the prosecution's case as "beset with difficulties" and "weak," asserting that the unique circumstances warrant Lynn's release from custody regardless of the pending stay application.
Prosecution's Counterarguments
Mark Gibson SC, for the prosecution, opposed the bail application, disputing the characterization of the case as weak. Gibson argued that when distilled to its core, the evidence establishes that Clay was shot in the head with Lynn's shotgun while he was present, followed by what he termed "extreme" post-offence conduct, which he claims strengthens the prosecution's position. He further contended that the defense has not demonstrated exceptional circumstances necessary for bail approval under Victorian law.
Legal Complexities and Next Steps
Justice Beach noted that any application for a temporary or permanent stay must be heard by the trial judge in July, creating what Dann described as a "catch-22" situation, as the outcome of the stay request could influence the bail decision. Despite this, Dann maintained that the interplay of unique factors in Lynn's case justifies his immediate release.
Lynn maintains that Clay's death was accidental, occurring at the campsite. Justice Beach has reserved his decision on the bail application until March 5, leaving the legal community and public awaiting a pivotal ruling that could significantly impact the trajectory of this high-profile case.
