‘Contaminate’: Pilot’s alleged campsite act

A Victorian jury will have to decide if former Jetstar pilot Greg Lynn is a double murderer or made “stupid choices” in a tragic case of two accidental deaths, a court has been told.

Mr Lynn returned before the Victorian Supreme Court on Tuesday for the second day of his double murder trial as prosecutors began to outline their case.

The 57-year-old has pleaded not guilty to two counts of murder related to the disappearance of Russell Hill, 74, and Carol Clay, 73, more than four years ago.

Seated in the back of the courtroom, Mr Lynn mostly kept his head down writing in a notebook as both parties delivered opening remarks.

Following prosecutor Daniel Porceddu’s two hours of opening remarks to the jury, Mr Lynn’s barrister Dermot Dann KC rose to his feet to deliver a defence response.

He said much of the prosecution case, including that Mr Lynn was camping nearby to Mr Hill and Ms Clay, that he was present when they died and that he disposed of their bodies, was not in dispute.

The key issue, he flagged, was whether Mr Lynn was responsible for their deaths or simply became caught up in “two tragic accidental deaths”.

“This is a case of two tragic accidental deaths in circumstances not of Mr Lynn’s making and not of his choosing,” he said.

“You’re going to hear Mr Lynn’s account, his explanation of what happened, how these two people died.”

When interviewed by police after his arrest in November 2021, Mr Lynn gave police a “completely truthful, completely accurate” account of what happened, Mr Dann said.

“I’m innocent of murder, I haven’t behaved well, I’ve made some poor decisions but murder, as I understand, it I’m innocent of,” Mr Dann claimed Mr Lynn told police.

On the defence case, Mr Lynn was camping nearby to Mr Hill and Ms Clay and their initial interaction on March 19 was to “exchange pleasantries”.

Mr Dann told the jury that his client was deer hunting in the area and about dinnertime on March 20, walked over to ask Mr Hill “about his drone”.

Mr Hill was “speaking nonsense” and accused Mr Lynn of hunting too close to camp, Mr Dann said, so his client returned to his camp and turned the radio on “trying to annoy Mr Hill”.

About 11pm, Mr Dann said, his client saw Mr Hill take a firearm and magazine.

According to Mr Lynn’s version of events, he was “scared sh-tless” but confronted Mr Hill and as the two men grappled over the gun it discharged, killing Ms Clay.

He claimed he returned to his camp but was set on by Mr Hill with a knife screaming, “she’s dead”.

The court was told the two men fought again, ending when they both fell to the ground and the knife pierced Mr Hill’s chest.

“The prosecution will attempt to subject that to the most rigorous scrutiny,” Mr Dann said.

“The defence doesn’t shy away from that… in fact, we embrace it.”

Mr Dann told the jury that fearing he would be wrongfully blamed, Mr Lynn made a “series of terrible choices”; destroying the camp and hiding their bodies.

Earlier, Mr Porceddu told the jury it was alleged the elderly pair were killed a day after arriving at Bucks Camp in Victoria’s Wonnangatta Valley.

“It is alleged that during the evening of Friday, March 20, 2020, the accused murdered Mr Hill and Ms Clay,” he said.

“The prosecution alleges Mr Hill and Ms Clay were killed deliberately and without lawful justification The precise circumstances of the killing are not known nor is the motivation.”

He said it’s alleged there was “likely a dispute” with Mr Hill over his drone flying, with the prosecution believing he was killed first and Ms Clay second.

Mr Porceddu told the jury cranial bone fragments discovered at the scene allegedly support the theory Ms Clay was shot in the head with a 12-gauge shotgun.

He said he believed the evidence would prove Mr Lynn killed both with “murderous intent”.

“Mr Hill was most likely killed first... this is in part because Ms Clay is unlikely to have posed any threat,” Mr Porceddu said.

Mr Porceddu said the Crown alleged Mr Lynn contaminated the crime scene, including by setting fire to their belongings, and dumped their bodies on a remote track hours away.

“It’s alleged the accused made considerable efforts to contaminate the scene … to try and distance himself from what occurred,” the prosecutor said.

In the months after the alleged murders, Mr Porceddu said Mr Lynn allegedly sold his trailer, painted his car and returned to check whether the bodies remained concealed in May.

He allegedly returned in November 2020 and set fire to the remains, “burning the bodies and placing them in the hollow of a tree”, the court was told.

“The prosecution say he did so to avoid detection or to be linked to the murders of Carol Clay and Russell Hill,” Mr Porceddu said.

Mr Porceddu said forensic scientists combing through debris from the burnt campsite allegedly found multiple bone fragments with DNA that “supported the view” that it came from Ms Clay.

In November 2021, he said investigators discovered more than 2100 pieces of bone in a hollow tree in bushland near the Union Spur track.

“The remains were incomplete and highly fragmented … examination determined they were from at least two adult humans,” he said.

“It is the prosecution case the bodies underwent some decomposition before they were later burned in an attempt to destroy the remains.”

Mr Porceddu said an unburnt piece of bone found nearby contained DNA which supported the view it was Mr Hill.

Personal belongings including a metal ring, watch parts and glasses were allegedly linked to the pair.

Mr Porceddu told the jury Mr Hill and Ms Clay had been in a relationship for 14 years while Mr Hill was still married.

“From about 2006, Ms Clay was in a relationship with Mr Hill who had been her first boyfriend,” he said.

“She would regularly go camping with Mr Hill.”

The prosecution alleges Mr Hill picked Ms Clay up from her Pakenham home in the morning of March 19, 2020, for a camping trip.

Mr Porceddu said Ms Clay told a friend, Amanda, that she was heading out of town for a couple of days and would be out of mobile service.

Called to give evidence on Tuesday, Alpine National Park chief ranger Michael Dower told the jury the Wonnangatta Valley was a popular but remote location.

Taking the jury through a series of maps of track and landmarks, he said it had historically been a cattle grazing station.

“It’s one of the most remote locations in Victoria’s Alpine region,” he said.

“It’s mountains surrounding a valley.”

Mr Dower said the area was popular among campers, deer hunters and four-wheel driving enthusiasts.

Mr Lynn was arrested and charged 20 months later in November 2021.

Selected by random ballot from a pool of 78 prospective jurors, eight men and seven women were chosen to sit on the jury for the estimated four to six-week trial.

The trial continues.