The jury deliberating the double-murder trial of a former Jetstar captain have been sent home for the weekend after the presiding judge issued three reminders.
Gregory Stuart Lynn, 57, is facing trial in Victoria’s Supreme Court after pleading not guilty to murdering Russell Hill, 74, and Carol Clay, 73, while on a March 2020 camping trip in the remote High Country.
After five weeks of evidence, the six men and six women enlisted to decide Mr Lynn’s case were asked to retire and reach verdict on Friday last week — with their deliberations continuing into this week.
The trial has not sat past 1pm on Fridays due to one juror’s personal commitments, with the jury brought back in about 12.45pm on Friday.
Mr Lynn rose to his feet as they entered the courtroom.
Justice Michael Croucher reminded the jury they were not to discuss this case outside of the jury room and not without their fellow jurors present.
He said any questions the jury may have should be passed to his associate and, following discussion with the parties, he would answer the question in court.
Thirdly, Justice Croucher reminded jurors when they recommence deliberations on Monday they are to “apply all directions of law” given in his charge last week.
“With all that said, thank you for your attention and have a good weekend,” he said.
“Do whatever you do and we’ll see you back here on Monday.”
On Wednesday, jurors were granted a request to receive and watch the recorded evidence of Mr Lynn and firearms expert Senior Constable Pail Griffiths in the jury room.
Justice Croucher told the jury he had approved their request to access about five hours of footage recorded when the two men took the stand.
“The answer is yes … you’ll be able to play it in the jury room at your leisure,” he said.
“I’m not sure whether you want to watch the whole thing or if there’s particular topics you’re interested in — its a matter for you.”
But the judge warned if the jury was only interested in select areas of the evidence they would need to consider everything said “so you’ve got the full picture”.
On the stand, Mr Lynn gave evidence that the two elderly campers both died in tragic accidents sent in motion after Mr Hill pinched his shotgun.
Mr Griffiths, a police expert, gave evidence that Mr Lynn’s firearm was found to be in good working order and about bullet trajectory and deflection testing police had undertaken.
These tests, defence barrister Dermot Dann KC argued in his final address, supported his client’s account.
Prosecutors have alleged Mr Lynn killed the pair without lawful excuse, likely following a dispute with Mr Hill, before engaging in a calculated and deliberate series of actions to destroy forensic evidence.
His defence has argued the jury should accept Mr Lynn’s account because all available evidence supports it, and the prosecution have failed to prove their case beyond reasonable doubt.
They do not dispute Mr Lynn engaged in “terrible” acts, including burning the scene, hiding the bodies and returning months later to burn them as well, but say he panicked, fearing he would be wrongly blamed and sought to “disappear”.
The trial continues.