Jury in Greg Lynn trial return to court for the second time to ask fresh questions – but there was one the judge refused to answer

The jury that will deliver its verdict on former Jetstar pilot Greg Lynn has returned to court for a second time to ask a series of questions.

The former Jetstar pilot has been acquitted in the Supreme Court of Victoria of the murders of secret lovers Russell Hill, 74, and Carol Clay, 73, in the Wonnangatta Valley, in Victoria’s Alpine region, on March 20, 2020.

As the 12-member jury entered its second week of deliberations, the group returned to ask Judge Michael Croucher for clarification on how they might reach a possible verdict.

The first question concerned Judge Croucher’s final speech to the jury at the end of the trial, in which he provided the members with a series of legal points to which they must adhere in order to reach a verdict.

The first concerned the prosecution’s inability to provide a motive as to why Lynn might have killed Mr. Hill.

The jury had heard police believe Mr. Hill was killed first and Ms. Clay was killed because she allegedly witnessed her lover’s death.

The court heard the jury asked for clarification on whether it should reach the same verdict on each murder charge.

“The prosecution does not have to prove motive to prove the crime of murder,” Judge Croucher reminded them.

“To prove murder, the prosecution must prove beyond a reasonable doubt the four elements of murder that I have already instructed you on.”

Judge Croucher said the lack of any motive for Mr Hill’s alleged murder was one of a number of circumstances they could take into account in determining their verdict.

‘The lack of evidence of motive could well be the factor that leads you to conclude that you are not satisfied beyond a reasonable doubt. Mr. Lynn killed Mr. Hill in the first place,” he said.

“If you are not satisfied beyond a reasonable doubt that Mr Lynn did not kill Mr Hill, the prosecution rightly accepts that there would be no motive for him to kill Ms Clay.”

Carol Clay and Russell Hill had been secret lovers camping in the remote wilderness when they died

‘These are guidelines of the law… it is not correct to say that the directive is to say to you, ‘You must find Mr. Lynn guilty of both charges, or not guilty of both charges.’

“Instead…you must consider each charge individually based on the evidence to which it applies.”

The jury also asked Judge Croucher to remind them of his instructions to reach a unanimous verdict and what would happen if they could not.

Although the judge was eager to give the reminder, he told the jury he would answer the second part only when the time came.

“Well, you haven’t reached that point yet,” he said.

“But if, of course, you get to a point where you can’t unanimously agree on your assessment, then you can send me a note and I’ll discuss that with counsel, and we’ll answer that question at that time.”

Judge Croucher asked the jury to return to their deliberations once again and urged them to ask any questions they wanted to reach a unanimous verdict.

Last week the jury asked to watch recordings of both Lynn and ballistics expert Senior Constable Paul Griffiths giving evidence in court.

Although Lynn has always denied killing the couple, the jury heard that he had openly admitted to cleaning up the alleged crime scene and destroying evidence.

“It was despicable,” Lynn admitted.

‘All I can say to the families is that I am very sorry for all the suffering I have caused… yes, I should be punished for it. For what I did.’

The jury heard that Lynn had offered to plead guilty to destroying evidence before going to trial, but this was rejected by the prosecutor.

“I am innocent of murder,” he said. ‘I am innocent (also of manslaughter). I didn’t kill anyone.’

Smartly dressed in a suit and dark glasses, the former pilot spoke in a cool and calm manner as he guided the jury through the gory details of what police say was cold-blooded murder.