A pilot is today spending his third day in custody without charge in connection with the disappearance of missing campers Russell Hill and Carol Clay, as police confirm the man was interviewed by investigators last year.
Key points:
- Campers Russell Hill and Carol Clay were last seen in March 2020
- People can be held in custody in Victoria for a "reasonable" period of time, with police able to apply for extensions if necessary
- However, a Melbourne criminal defence lawyer says it is not the norm to see someone held for so long without charge
Police officers arrested 55-year-old Greg Lynn from Caroline Springs in Melbourne's west on Monday afternoon, seizing his Nissan Patrol for forensic testing.
Mr Lynn is in police custody being questioned at Sale Police Station, but no charges have been laid against him.
Reiterating that police had not confirmed the name of the man in custody, Police Commissioner Shane Patton on Thursday told radio station 3AW the 55-year-old man had been interviewed by police last year in relation to the case.
Mr Patton said there was no sense of urgency in laying charges, as detectives were taking their time to process the long and complex investigation.
"We're not rushing into anything here, they're taking it methodically, they're stepping appropriately through it," he said.
"I don't want to pre-empt what the investigators will do."
It is the first arrest that has been made by officers investigating the case since Mr Hill and Ms Clay disappeared while camping in Victoria's High Country in March last year.
Mr Patton said the community had been helpful in supplying information relating to the case, and urged anyone with information about a silver-coloured trailer to contact Crime Stoppers.
Investigators believe the trailer may have been sold between March and July 2020, and are seeking its whereabouts to conduct forensic testing.
No fixed period to detain people in custody in Victoria
Melbourne criminal defence lawyer George Balot said that while under Commonwealth legislation there was a fixed period that someone may be held in custody without charge, there was no such fixed period under Victorian law.
"A person can be held in custody for a reasonable period of time. What is reasonable is open to interpretation," Mr Balot said.
Victoria Police are able to apply for extensions of time to complete their questioning, with extensions more likely to be granted by the courts in cases involving loss of life.
However, Mr Balot said it was not common to see someone held by authorities without charge for such a long period of time.
"I can't say I've seen someone being held, other than terrorism cases, for longer than 72 hours without charge," he said.
Narelle Fraser, a former detective with the Missing Persons Unit who served as a member of Victoria Police for 27 years, said in her experience, lengthy periods in custody were not unusual.
"We've had people in custody for days. If they get tired, we have to allow them time to rest. We have to give them food and drink, and basically look after their human rights," she said.
Ms Fraser said police could not keep a suspect in custody if they were waiting for new information or developments, and that procedural fairness was at the top of every officer's mind.
Mr Patton said authorities were following all legal guidelines outlined in the Crimes Act with regards to keeping the 55-year-old detained.
"Ultimately it's up to the homicide investigators or in this case, missing persons squad investigators to, if you like, justify and log what they've done over a period of time because the court then determines whether that is reasonable time," he said.
Arrest follows 18-month-long investigation
Mr Hill and Ms Clay were last heard from on March 20, 2020. They were camping in the remote Wonnangatta Valley in the Victorian high country, north-east of Melbourne.
Mr Hill was an experienced bushman and knew the area well, having previously helped build one of the tracks into the valley.
Their campsite was found burnt out with Mr Hill's four-wheel drive left untouched.
An 18-month investigation ensued, as police used CCTV footage and witness interviews to track down and identify vehicles in the area at the time of the Mr Hill's and Ms Clay's disappearance.
Mr Lynn was arrested by Victoria Police at a campground near Moroka Road at Arbuckle Junction on Monday afternoon and had his Nissan Patrol seized by special operations police.
Jetstar Airways confirmed Mr Lynn was a pilot who worked for the airline, and that he had been stood down from his position.
https://news.google.com/__i/rss/rd/articles/CBMiaWh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIxLTExLTI1L2dyZWctbHlubi10aGlyZC1kYXktaW4tY3VzdG9keS1taXNzaW5nLWNhbXBlcnMtaGlsbC1jbGF5LzEwMDY0ODc0NtIBKGh0dHBzOi8vYW1wLmFiYy5uZXQuYXUvYXJ0aWNsZS8xMDA2NDg3NDY?oc=5
2021-11-24 21:39:26Z
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