Let’s talk: Should Gerard Baden-Clay’s conviction be overturned?

After months of public outcry, the court is nearly ready to hear prosecution arguments which could see Gerard Baden-Clay’s murder
Photo: ABC

After months of public outcry, the court is nearly ready to hear prosecution arguments which could see Gerard Baden-Clay’s murder conviction of the killing of his wife Allison reinstated.

The tragic story of Allison Baden-Clay captured the hearts of people around the country from the day she was reported missing from her Brisbane home by her husband.

After 10 days of searching, police found her body in a creek near their property and soon after her husband was arrested over her death.

Allison’s family and supporters were relieved when he was convicted of her murder after an arduous trial, but that feeling was fleeting as the decision was later overturned and his conviction downgraded to manslaughter.

Now, prosecution lawyers have delivered their final document ahead of a new hearing where they will try to reinstate the murder conviction, which will see Baden-Clay spend many more years behind bars.

In the file, the prosecutors accused the defence team of spinning “imaginary possibilities”.

“It is not permissible after the conclusion of the trial to posit imaginary possibilities to explain an embarrassing death and then to assert these have not been addressed or excluded by the prosecution,” prosecution submissions, filed on Friday, stated.

The prosecution’s case has found huge public support with more than 73,000 people signing a petition and thousands rallying in the streets after his conviction was downgraded.

The case has angered many people who say it’s stories like this that encourage violence against women and prove that our justice system is not strong enough to protect those who need it most.

Do you think our justice system needs to be stronger? Do you think Baden-Clay’s murder conviction will be reinstated?

  1. Peter Hinton  

    It justice system is beyond repair and we need to update it. Bade clay should be charged with murder.

    • Bob Mansfield  

      Sadly, it is no longer a justice system, it has become a legal system.

    • Maria  

      It would be a travesty if the sentence of murder is not reinstated. He needs to spend many more years in jail the mongrel.

    • Maria  

      It would be a travesty if the sentence of murder is not reinstated. He needs to spend many more years in jail the mongrel.

  2. Keith Schadel  

    Of course it should be overturned and the correct sentence be reimposed, this is just another in the evergrowing list of out of touch decisions from the job for life, cretins in Queenslands Judiciary.

  3. elena  

    I agree with all of the above. Just for the act of dumping his wife body he should be sent to prison for life. Who ever is able to do such an inhumane thing is not fit to live in society…let alone being able to see his children.

  4. Beverley  

    It is feasible that she left the house under her own steam, and was attacked by someone else. I have no opinion one way or another, but prefer to look at all possibilities. But it looks as if he has been convicted in the Court of Public Opinion. I do recall reading several articles in the Courier Mail about what had happened on that night, after Alison was found, much of which was pure speculation, and never presented as evidence. I think that a lot of that speculation – or blatant misreporting – gave us all some wrong ideas.

    • Agreed the press are deciding outcomes and guilt this is not their job only to report, not to twist the information

    • Lee  

      I agree, they don’t no how she died, yes he was not a good husband, and they could have had a fight and she left the house. The law states without a shadow of doubt, I’m not sure they have done this. The media and family want an outcome, fair enough but we have seen quite a few people go to jail who were inaccurately found guilty over the years. I understand people want answers not sure they will get any. The police can’t say how she died, just he did it. Also not having all the facts makes it hard to make an informed judgement

      • Janelle  

        Read book, ‘Why Did They Do It’?
        Her method of death is well explained.

    • Jenny  

      It was proven she was killed at home and he dumped her in the creek. Her blood was found in the car and debris in her hair from their home.

  5. Ray  

    Not having heard all the facts in court and listened to the witnesses, I’m not sure I can give an informed opinion.

    However, if someone were ever to contemplate murdering a person, they may be thinking of South Africa or Queensland to commit the crime.

  6. He should be in prison for his natural life. He lied, he denied, he removed his wonderful wife’s body and dumped her in a muddy river (I cannot forgive him ever for that), the mother of his children. He was a fraud to both his wife his lover and his business. A horrid excuse for a man who should rot in jail.

    • Faye Dapiran  

      Agree with everything you have just said.

    • marianne jorgensen  

      I also agree with what you say.

  7. Paul Hoolihan  

    As a lawyer, I believe the Court of Appeal got it right. The prosecution was so slapdash in making sure he was convicted they overlooked the Criminal Code requirements.

    This result should make them more careful in future so that violence against women is adequately punished. The Criminal Code is strict enough if all the elements of the charge are proven against a defendant.

    • bruce taylor  

      If ever you needed proof that our legal system is run by a lot of tossers here it is.

    • Maz  

      Yes!! Too often of late the Criminal Code & other Evidence also overlooked. Cases seem to be “slap dash” & innocent ppl also going to the “Can” see Sunday Night on 7. Plus I’ve been involved in a few. Found the evidence hidden from jury & others. Justice..pfff!! As for Baydon Clay. Jury by media!! However would love to see All & Real evidence, thus no opinion until & if!!

  8. Fran Coyle  

    Baden-Clay should be in prison and the key thrown away, he did it and he also had someone else give him a hand to get rid of Alison’s body. Alison didn’t deserve that treatment, she was a mother and a daughter….

    • Janice  

      I totally agree, Fran, he didn’t act alone, in the disrespectful way Allison’s body was dumped, & it’s surprised me that an ‘accessory after the fact’ hasn’t been brought to justice, in this horrid case.

  9. Melody  

    Yes I think he should be put in jail for life. He deliberately set out to kill Allison and anyone who cannot see that is in denial. The clues were so clear cut I think the public were aware as to how to solve the case. Not a very good cover up. Maybe he should have cried and vomited in court like Pistorius. In the interview wit his sister at the beginning you could see that they were both nervous. You deserve to go to hell Gerard Baden clay.

  10. Kate Prynne  

    No, his conviction should not be overturned. He lied, he dumped his wife body after killing her, he pretended it wasn’t him. In for life.

  11. J.Loehr  

    no and no again everyone can kill in anger by lashing out but call for help right away , he did not he planed carefully to get rid of her body whilest playing tha loving husband , this takes planing and forthought so he killed her twice and shoul pay the full penalty

  12. Verna  

    A deliberate act of murder !!! Deserves life in jail with no parole!!!

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