Did Gerard Baden-Clay accidentally kill Allison? 449



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Gerard Baden-Clay was jailed last year for murdering his wife Allison but now he’s appealing his sentence, and his lawyers are suggesting it was an accident.

Yesterday Brisbane Magistrates Court heard Baden-Clay’s appeal, and that his lawyers believe his court case in 2014 was based on flawed evidence and the ignorance of the possibility it was all just an accident.

The convicted murderer was jailed for life when a jury found his guilty of killing his wife Allison at their home in Brisbane’s west. It had all the hallmarks of a domestic abuse case but his lawyers are adamant that it needs to be look at in a different light.

The jury found the alleged finger nail marks on Baden-Clay’s face to be irrefutable evidence that he had killed his wife as she desperately fought back.

But Baden-Clay’s barrister Michael Copley told the court on Friday: “The hypothesis that’s suggested … is this: that there was an unintended killing resulting from a confrontation and the confrontation arose out of an argument.

“And the argument escalated to violence, as indicated by the marks on his face.

“The contention is… if experts could not say whether these marks on the lower part of the photograph were made at a time separate from [other cuts] running down the cheek, then how could they represent an attempt to disguise the three [cuts]?” he asked.

He wondered how a jury could have deduced a unanimous guilty verdict when not every expert was able to give a definitive answer on the biggest piece of evidence.

Copley also mentioned there had been no evidence of previous violence or threats by Baden-Clay towards his wife, and despite cheating on his wife, they stayed together in the house, displaying that he did want to make things work.

There was also no evidence of a cover-up or cleaning job.

Baden-Clay’s lawyer also alleged that saying the scratches were evidence of Allison “fighting for her life” was a “hypothesis”, as they could equally be evidence of no more than “anger or a struggle”.

So how did he kill her? Court of appeal justice Catherine Holmes said that the lack of evidence of trauma gives weight to the idea that Baden-Clay had smothered his wife intentionally. Copley countered this by saying Baden-Clay could’ve tried to stop the scratching by using force that ended in Allison’s death.

Crown prosecutor Michael Byrne said the “only person in a position to kill by whatever means at the house was Gerard Baden-Clay”. Proof of motive was helpful but not necessary, he said.

There was “a real risk things were going to unwind” for Baden-Clay and this had “impacted on his daily existence and… coalesced on the evening of April 19, 2012”, Byrne said.

The justices judgement of the appeal is expected within three months.


Tell us your thoughts on the appeal. Was this a fight gone wrong or a pre-meditated murder? 

Starts at 60 Writers

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  1. if it was an accident… why lie? why hide the body? wy mislead the investigators????

    7 REPLY
    • we don’t always make rational decisions, maybe he was thinking no-one would believe it was an accident?? do you know how you would react, when or if you find yourself in the SAME situation?

    • Jean,if you followed all the court evidence,this man is so.so guilty…at present he is grasping at straws because he thought he would get away with it….prison is too good for this man!!!

  2. I dont know the truth and I doubt anyone ever will. I also dont know how you can accidently strangle someone. If you have your hands around someones neck and squeeze so hard that they die. I would say thats murder. But then, thats just me….

    1 REPLY
  3. It may hav been an accident…..his crime was not owning up….how awful to go in front of cameras claiming she was ‘missing’….was this another ‘accident?’….he seems to be full of them

    5 REPLY
    • exactly one lie leads to another how can you possible do that to people you claim to love

    • He is guilty as all hell , trying to get away with murdering his own beautiful wife, just so he could be with his lover, what a lowlife!

    • You know i believe jail would be too good for this bastard he should be made to suffer so much more, why should we the tax payer pay for these lowlifes to keep living!

    • unfortunately no punishment will bring her back and that would be the only out come to make the pain for her family to go away we can only ask why no one deserves this if you not happy walk away simple as that there is no reason on earth we have the right to hurt anyone

  4. I think the courts got it right the first time, why lie if you have done nothing wrong ? If it was an accident you would thought he would have been screaming that from the roof tops

  5. Yes. Then he mistakenly loaded wife’s corpse into the boot of her Captiva & inadvertently dumped it at Kholo creek #badenclay

  6. bullshit, he killed her, regardles of accident or on purpose, he lied through his teeth about the whole sorry saga…he cheeted on her as well…so why would anyone want to believe his latest lie? Karma WILL catch up with him.

  7. Why did he not call the ambos when it happened, not put her body some where else, try to make out the scratches were razor marks, it just does not add up, he is a cruel calculating killer in denial.

  8. I have no idea how you accidentally put your hands round someone’s neck and squeeze the life out of them??? He will never tell the truth of what happened and the only other person that knows took that with her to the grave. What a sad, sad situation for 3 little girls who have lost the most? They have lost both parents!

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