The former pilot accused of killing camper Carol Clay and burning her remains in the High Country will remain in prison after being refused bail.

Greg Lynn, 59, was granted a retrial in December over allegations he fatally shot Clay, a 73-year-old retiree, in the head as she camped in the Wonnangatta Valley with friend Russell Hill, 74, in March 2020.

Lynn arrives at court.© Joe Armao

His legal team argued he should be released back into the community while awaiting the outcome of a fresh trial.

During a hearing last week, defence barrister Dermot Dann, KC, argued his client could live with his eldest son, Geordie Lynn, who owned a property he was also willing to offer up as a surety to guarantee his father’s release.

Geordie Lynn is also studying a masters degree at the University of Melbourne, the court heard.

Greg Lynn’s family home, which he shared with wife Melanie in Caroline Springs, was unavailable as a bail guarantee because of a restraining application on the property.

Former pilot Greg Lynn is facing a retrial over the alleged murder of Carol Clay, pictured here with fellow camper Russell Hill.© Monique Westermann

On Thursday, Justice David Beach disagreed with the defence.

“Bail must be refused,” he said.

In arguing for bail last week, Dann said Lynn had been assaulted while in custody, held in protection and was suffering from a heart condition.

The defence team submitted Lynn could be bailed on conditions including that he lived with his son, report to police daily, surrender any passport, not attend any international points of departure and not leave the state.

Melanie and Geordie Lynn at Court of Appeal for the Greg Lynn bail decision.© Jason South

Prosecutor Mark Gibson, KC, opposed bail, telling the court they had a strong case against Lynn that included Clay being shot in the head with a projectile from the former Jetstar pilot’s gun while she was near the rear wheel of a vehicle.

In Gibson’s written submissions, he noted that police informant Sergeant Brett Florence believed Lynn was a flight risk and therefore a risk of failing to surrender into custody if required.

Lynn had worked as a pilot and/or flight instructor since 1987, and was a senior check captain for Jetstar from 2014 until 2021.

On Thursday, Lynn entered the courtroom only minutes before the decision was handed down. He remained seated and looked down as the judge said he would remain behind bars.

The foyer was then cleared by security as the 59-year-old was led back into the cells at the courthouse, where he would wait until he was returned to prison. Lynn was wearing a suit and hiking shoes.

Melanie and Geordie Lynn at court.© Jason South

Dozens of members of the public turned up for the brief hearing, with Lynn’s legal team asking some to move to allow Lynn’s wife, son and son’s girlfriend to find a seat.

In his written judgment, released to the press, Beach noted Lynn had been in custody since his arrest on November 25, 2021.

He acknowledged the defence arguments that Lynn had character and prior community commitments, vulnerability in custody, and that there were possible problems with the prosecution case.

Informant Sergeant Brett Florence.© Wayne Taylor

Beach said when considering the argument he had to consider both that the parliament

recognises the overarching importance of maximising the safety of the community, and the presumption of innocence and the right to liberty.

He found that while Lynn had to prove exceptional circumstances to be granted bail, the matters he relied on were “quite ordinary”.

A retrial, Beach said, could also occur as early as the second half of this year.

“While the applicant’s counsel emphasised the uniqueness of the applicant’s circumstances and the uniqueness of the matters upon which he relies in support of his application for bail, it is to be remembered that it is not the exceptionality of circumstances which must be established, it is the exceptionality of circumstances justifying a grant of bail which must be shown to exist,” Beach said.

“Taking all of the matters relied upon by the applicant in combination into account, for the reasons given above, the applicant has failed to show that exceptional circumstances exist that justify a grant of bail. The applicant’s application for bail must therefore be refused.”

The matter will return to court at a later date. No new trial date has been fixed.