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Manslaughter alternative thrown out of Lynn trial

The jury in Greg Lynn's trial asked the judge what happens if they cannot reach a unanimous verdict.

The jury in Greg Lynn's trial asked the judge what happens if they cannot reach a unanimous verdict. Photo: AAP

A judge has told jurors in the High Country campers murder trial that they cannot find former airline pilot Greg Lynn guilty of manslaughter.

The 57-year-old is nearing the end of a five-week murder trial, with Supreme Court Justice Michael Croucher summing up the charges to 14 jurors on Thursday morning.

Lynn has pleaded not guilty to two charges of murder, over the deaths of Russell Hill and Carol Clay in Victoria’s alpine region more than four years ago.

Lynn told the jury the two deaths were accidental, but admitted destroying evidence, including burning the bodies and the crime scene.

When the jury was chosen, it was told it had three options to consider when deciding a verdict: Murder, manslaughter or finding Lynn innocent.

However, on Thursday the jury was told the prosecution and defence had since decided manslaughter should be taken off the table.

“Manslaughter will no longer be available to you as the alternate charge in this trial, both sides agree,” Croucher said.

“In the circumstances of this case, if you are not satisfied beyond reasonable doubt of murder, you would also not be satisfied beyond reasonable doubt of manslaughter.

“In those circumstances, an alternative verdict of manslaughter would be wrong.

“You must put manslaughter out of your mind, the only charges available to you are murder.”

He told jurors they must be judges of the facts and put any feelings of sympathy towards Hill and Clay’s families out of their minds in considering their decision.

“You must act like judges,” Croucher said.

“You must not let your passions or feelings or moral judgments get in the way.”

After Croucher has finished summarising the charge, the jury will be sent away to deliberate on its verdict.

– AAP

Topics: Carol Clay
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