EXCLUSIVE
The family of murdered camper Russell Hill are facing being barred from giving victim impact statements at a hearing ahead of the sentencing of former Jetstar pilot Greg Lynn.
While Lynn, 57, was found guilty of murdering Hill’s secret mistress, Carol Clay, a jury found the killer not guilty of killing him.
Victim impact statements are generally only issued to persons directly affected by a crime.
Last week, the Victorian Supreme Court heard that victim impact statements were likely to take up a full day of Lynn’s planned two-day pre-sentence hearing in September.
A source close to Lynn’s legal team told Daily Mail Australia that Hill’s family faced a battle to be heard in court over the not guilty verdict in his death.
“They could still claim he was the victim of an accidental murder,” the source said.
The matter is currently being discussed by Lynn’s lawyers with prosecutors, who reportedly want Hill’s family members to speak out against the killer in open court.
Lynn’s acquittal for Hill’s murder was a huge blow to his family, who have suffered long and are demanding justice for his death.
Greg Lynn hopes to be released from prison after appeal
The divided verdict now threatens to end up all the way to the Supreme Court, where Lynn’s lawyers will fight to have his murder conviction overturned altogether.
On Friday, Lynn’s lawyer Dermot Dann KC announced that he was preparing submissions urging Judge Michael Croucher to adjourn his client’s sentencing pending the hearing of the appeal.
Mr Dann told the court he would find it difficult to convict his client because of what he described as the “unsafe guilty verdict” returned by Lynn’s jury at the trial.
The court heard Lynn had been placed in isolation at the Metropolitan Remand Prison for his own safety, but now fears he will be targeted by inmates in whatever prison he ends up in.
Mr Dann said the problem had become even worse since the guilty verdict, as a number of media reports revealed evidence that had not been shown to the jury.
“It is an extremely rare request,” Mr Dann said.
Lynn’s lawyer, Dermot Dann KC (left), is fighting to have his client’s conviction quashed on the grounds that the sentence was ‘unsafe’.
If the sentence is stayed, Lynn can apply for bail while his appeal is heard in court.
Mr Dann said a successful appeal could lead to Lynn being released altogether, without a new trial, amid concerns over whether he would receive a fair trial given the high profile surrounding the case and the murder conviction.
“The chance of a fair new trial is zero,” Dann said.
The veteran lawyer said the jury pool would be “polluted or poisoned” by the “inadmissible evidence” that has been “flooded” on news sites in the weeks since the verdict.
Hill’s wife, Robyn Hill, said she felt numb with worry at the thought of Lynn being allowed to walk free.
“We all had a terrible feeling a week or so ago,” she said 9News.
“I’ve only experienced that once before, when I had to report Russell missing.”
Carol Clay and Russell Hill both died after an ugly encounter with Greg Lynn
The shotgun Greg Lynn used to shoot Carol Clay
Russell Hill’s vehicle and the remains of his tent after Greg Lynn set it on fire
Mrs Hill said she hoped Lynn would spend at least 20 years in prison for his actions.
“I hope he suffers for the rest of his life, I really do. I hope he has a good time in prison,” she said.
“I think he got off easy. I’d like him to spend 25 years in prison and I’d consider that half for Russell and Carol.”
The verdict was a huge blow to the Hill family.
In a statement issued on the day of the announcement, the families of Mr Hill and Ms Clay said they were “devastated” that there was not enough evidence to find Lynn guilty of both murders.
The verdict of not guilty in connection with the murder [of] Russell Hill is devastating. There wasn’t enough evidence to know for sure how he died,’ they said.
Daily Mail Australia has contacted the Public Prosecution Service for comment.