Sign up: AU Breaking News email<\/a><\/p>\nThe Victorian court of appeal ruled in December that Lynn\u2019s conviction be overturned because a substantial miscarriage of justice occurred in his earlier trial.<\/p>\n
It ordered that a new trial should be held in the case.<\/p>\n
On Thursday, Justice David Beach said a new trial could be heard as early as July.<\/p>\n
Dermot Dann KC, for Lynn, argued that it would be unfair to his client for a trial to be heard any time earlier than 2028, and that he should be released on bail in the meantime.<\/p>\n
Lynn\u2019s son Geordie had offered up a surety of more than $400,000 and would allow his father to live with him, Dann said, as well as undertaking to report any breaches of bail conditions to police.<\/p>\n
Dann said the prosecution agreed Lynn did not pose an unacceptable risk of reoffending should he be granted bail.<\/p>\n
\u201cIf we value the concept of a fair trial, and we\u2019re serious about that, how can we possibly subject this man to a trial under these circumstances,\u201d Dann said.<\/p>\n
\u201cIt cannot be just having him sitting in jail waiting for the damage to unravel somehow with \u2013 and only with \u2013 the passage of time.\u201d<\/p>\n
Beach noted that any application for a stay, either temporary or permanent, would have to be heard by the trial judge in July.<\/p>\n
Dann said that left him in somewhat of a catch-22, given the outcome of the stay application would influence the bid for bail.<\/p>\n
But he said the interplay between unique circumstances in Lynn\u2019s case meant he should be released from custody, regardless of the impending stay application.<\/p>\n
\u201cThis is a prosecution case that is beset with difficulties, complications \u2026 this collection of circumstance is unique, absolutely unique,\u201d Dann said.<\/p>\n
\u201cIt is a weak case.\u201d<\/p>\n
Mark Gibson SC, for the prosecution, which opposed bail, disputed that the case was weak.<\/p>\n
He said that when it was stripped back to the \u201cbare bones\u201d, it was \u201cestablished fact\u201d that Clay was shot in the head with Lynn\u2019s shotgun, when he was present, and that there was then relevant \u201cextreme\u201d post-offence conduct that made it quite a strong case.<\/p>\n
He said Dann had not satisfied the court that exceptional circumstances existed in Lynn\u2019s case, as it must do in order for Lynn to be granted bail.<\/p>\n
Dann indicated that Lynn maintains Clay was shot at the campsite by accident.<\/p>\n
Beach reserved his decision until 5 March.<\/p>\n","protected":false},"excerpt":{"rendered":"A former airline pilot accused of killing a camper should be released on bail to live with his…\n","protected":false},"author":2,"featured_media":491110,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[4,450,451,3,452,453],"class_list":["post-491109","post","type-post","status-publish","format-standard","has-post-thumbnail","category-breaking-news","tag-breaking-news","tag-breakingnews","tag-headlines","tag-news","tag-top-stories","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/491109","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=491109"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/491109\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/491110"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=491109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=491109"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=491109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}