Former Jetstar pilot Greg Lynn is seeking to be released back into the community as he prepares for a retrial over the alleged murder of Carol Clay.
Lynn, 59, sat staring forward as he made the application for bail in the Victorian Supreme Court on Thursday morning.
He is charged with the murder of Carol Clay, 73, who went missing with Russell Hill, 74, from a remote campsite in Victoria’s northeast in March 2020.
It is alleged Ms Clay was shot in the head by a projectile from Lynn’s gun, senior crown prosecutor Mark Gibson told the court on Thursday.
Those accused of murder can only be granted bail if exceptional circumstances are proven, which Lynn’s lawyer argued applied in his case on Thursday.
Mr Gibson argued the prosecution case against Lynn was quite strong as he opposed the application for bail.
He argued the ‘high bar of exceptional circumstances’ had not been met and that the ‘bare bones facts’ of the allegation were serious enough to deny bail.
That included Ms 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.
Former Jetstar pilot Greg Lynn has made an application for bail after he was charged with murdering a retiree in Victoria’s High Country
Lynn was supported by his wife Melanie and son Geordie in court
Lynn is accused of murdering Carol Clay (above)
‘It was his shotgun, he was present, and there was post-offence conduct which we submit was extreme,’ Prosecutor Mark Gibson KC 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.’
Lynn claims Ms Clay was shot accidentally at the campsite after a firearm discharged and hit her in the head.
Criminal barrister Dermot Dann represented Lynn, who was also supported at court by his son Geordie and wife Melanie, who were waving and smiling at Lynn before taking seats in the back row.
Mr Dann submitted Lynn had been assaulted while spending an extended period in custody awaiting trial and argued Lynn should be granted bail due to ‘exceptional’ circumstances.
The court heard Lynn has spent two years and three months on remand, which Mr Dann said ‘has to be factored into delay’.
‘He is presumed innocent and has the right to liberty,’ Mr Dann said.
The court heard Lynn would live in ‘stable accommodation’ with his son Geordie if released.
Dann said Lynn’s son was willing to use the equity in his $475,000 property, along with his ‘life savings’ of between $30,000 and $70,000, to fund the bail
Criminal barrister Dermot Dann KC (above) represented Lynn
‘He’s got a tight family unit … he’s got a role to play in that family unit,’ Mr Dann said.
Mr Dann said Lynn’s son was willing to use the equity in his $475,000 property, along with his ‘life savings’ of between $30,000 and $70,000, to fund the bail.
‘We say it’s significant that he’s [Geordie] prepared to put up his life savings,’ Dann said.
The court heard Lynn and his wife would be celebrating 22 years of marriage on Saturday.
He also said his client was vulnerable in custody and was placed in an isolation unit for a period while in jail.
Mr Dann labelled the case against his client as weak and said Lynn would not be an unacceptable risk to the community if released on bail.
‘A curfew, not to attend international points of departure … whatever it takes,’ Mr Dann said.
Supreme Court judge David Beach indicated he would not be making a decision on the bail application on Thursday, instead taking a week to consider the matter, with Lynn to remain in custody during that time.
He said the Supreme Court could accommodate his trial as early as July this year.
‘The court contemplates the trial will occur this year, not next year,’ he said, adding that a judge, not him, is ready to hear it from July 13.
