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Jurors will only have to decide whether former airline pilot Greg Lynn is guilty of murder after a judge told them Lynn could not be found guilty of an alternative charge of manslaughter.
The 57-year-old is nearing the end of a five-week murder trial, with High Court judge Michael Croucher summing up the charges before 14 jurors this morning.
He pleaded not guilty to two counts 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 to destroying evidence, including burning the bodies and the crime scene.
When jurors were selected, they were told they had three options to consider when deciding on a verdict: murder, manslaughter or finding Lynn not guilty.
However, jurors were told the prosecution and defense had decided the manslaughter charge should be dropped.
“Manslaughter will no longer be available to you as an alternative charge in this trial, both parties agree,” Justice Croucher told the jury today.
“In the circumstances of this case, if you’re not convinced beyond a reasonable doubt of murder, you’re not going to be convinced beyond a reasonable doubt of manslaughter either.
“In the circumstances, an alternative sentence of manslaughter would be wrong.
“You have to put manslaughter out of your mind, the only charges you have are murder.”
He told jurors they must weigh the facts and put any feelings of sympathy for the Hill and Clay families out of their minds when considering their decision.
“You must behave like judges,” Justice Croucher said.
“You must not let your passions, feelings, or moral judgments get in the way.”
After the judge sums up the charge, the jury will be sent to deliberate on their verdict.
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