Jurors tasked with deciding whether Greg Lynn killed two campers have asked what happens if they cannot reach a unanimous verdict.
The 57-year-old Caroline Springs pilot has been waiting more than five days for jurors to decide his fate, after a five-week trial in Melbourne’s Supreme Court.
He has pleaded not guilty to two charges of murder over the March 2020 deaths of Russell Hill and Carol Clay while camping in Victoria’s alpine region.
Lynn told the jury the two deaths were accidental and occurred after he struggled with a gun and then a knife with Mr Hill.
He claims Mrs Clay died when a shotgun discharged and went into her head during the first struggle, and that Mr Hill died when he came at Lynn with a knife and was stabbed in the chest.
The jury of 12 began deliberating on 17 June and returned to the court on Monday morning (24 June) with several questions.
Justice Michael Croucher read out the jury’s note to the court, which asked whether Lynn must be found guilty of both charges of murder or not guilty of both charges.
He said that was not correct, explaining it was open to them to find him guilty of one murder and not guilty in the other death.
“You must consider each charge separately,” Justice Croucher said.
The judge reiterated that the jurors must be satisfied the prosecution had proven four elements of murder beyond a reasonable doubt to find him guilty.
The second part of their question was to ask Justice Croucher to repeat what happens if they are unable to reach a unanimous verdict.
“All 12 of you must agree on that verdict,” he said.
For an accused person to be found guilty or not guilty of murder, the verdict must be unanimous which means that every juror agrees.
If not, it can result in a hung jury and a fresh trial could be ordered.
Justice Croucher sent the jury away to continue their deliberations and reminded them if they had any further questions “please don’t hesitate to ask”.
