Jurors will only need to decide whether former Caroline Springs airline pilot Greg Lynn is guilty of murder, after an alternate manslaughter charge was thrown out.
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.
He 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, the jury was told prosecution and defence have 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,” Justice Croucher told the jury on Thursday.
“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 Mr Hill and Mrs Clay’s families out of their minds in considering their decision.
“You must act like judges,” Justice Croucher said.
“You must not let your passions or feelings or moral judgments get in the way.”
After the judge has summarised the charge, the jury will be sent away to deliberate on its verdict.
