Inside the new appeal to charge Gerard Baden-Clay with murder once again

It’s been an awful few years for Allison Baden-Clay’s family, her children and friends. They thought they could rest easy

It’s been an awful few years for Allison Baden-Clay’s family, her children and friends. They thought they could rest easy and try to rebuild after the devastating killing of the mother-of-three, however all the agony of the past was brought up again last month when Gerard Baden-Clay’s appeal to have his murder charge downgraded was successful.

After a rally in Brisbane’s CBD, and huge public outcry, there has been some progress at the eleventh hour: an appeal to reinstate the murder charge has been lodged to the High Court.

According to The Australian, Queensland’s Director of Public Prosecutions, Michael Byrne QC, wants the High Court to find that convicted wife killer Gerard Baden-Clay proved his murderous intent when he sought to cover up the crime and claim no involvement.

Prosecutors had proven Gerard Baden-Clay killed his wife, however they had failed to prove ­beyond reasonable doubt that he had intended to do it, which was the reasoning behind the downgraded charge.

Mr Byrne yesterday submitted that “the Court of Appeal erred in concluding the post-offence conduct evidence remained neutral on the issue of intent and that the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved”.

Mr Byrne also argued that the Court of Appeal erred in its ­application of principles concerning circumstantial evidence.

In speaking about the case, Attorney-General Yvette D’Ath said “It is important that this matter now is able to progress unhindered,” reports Brisbane Times.

“Consequently I will not be commenting on the matter as it goes forward, but I am pleased that application has been lodged today”.

Ms D’Ath denied the government had bowed to overwhelming public pressure and the decision to appeal was entirely up to the state’s top prosecutor, not the state government.

“The director of public prosecutions has given this considerable thought in looking at the decision and in determining there are legal grounds to progress an application for special leave to appeal, and that is the basis on which he is going forward,” she said.

So what happens next? Baden-Clay will have 21 days to respond to the new appeal and court action will proceed from there. Whether it will be successful or not remains to be seen.


What are your thoughts?

  1. At the very least if this appeal fails, we will all know we have a murderer in our midst. It certainly would not give you much confidence to sleep at night. I don’t feel any doubt at all this man murdered Alison and she left her mark on his face in a desperate attempt to fight him off but it was also a sign so that we would all know

    • I agree Libbi – I have no doubt Allison was murdered. The scratches and bruising on his body are consistent with her fighting for her life. We can only leave it to the courts, but it will be an enormous travesty if he gets off

    • The problem being, for the charge of murder to remain, premeditation has to be proven beyond reasonable doubt. According to the judges who heard his appeal, premeditation had not been proven.
      Let’s hope this appeal reinstates the original charge. It’s already been proven that he did kill Alison.

  2. No argument he killed his wife, he knew he had, he denied it, he lied about it, he hid her body, surely it was a premeditated murder, no argument, leave him in jail for the rest of his life

  3. I agree that Gerard Baden-Clay is as guilty as sin, I would hate to see him released and have access to his daughters. What a BLUNDER from our justice system, or LACK OF JUSTICE for Alison and her girls. It’s a disgrace!!!!

    • Why would his daughters want to see their murderous father. They are not silly you know:)

    • U’re rite Trish, but if my father killed my mother ( because he wanted another woman) I wouldn’t be able to look at him or bear him to touch me …

    • I agree Pam, but we don’t know how much these poor kids know. They are with family and I’m sure they would protect them any way they could.

    • Once again U’re rite and I did think about that … They will be told the truth in time …😢

    • I once new a young lady who’s Farther murdered her Mum. When asked why did she go and visit him so regularly she said “he is the only other person who knows what I am going through!”

  4. I think his father helpt him to and I think somone is payd off the desizion maker to or has some dirt on him, everyone knows he is a killer but somone is helping him

  5. Tried and found guilty by the Courier Mail. Would you like to be judged and convicted by a newspaper. Let the High Court now decide and then let the families come to terms with the outcome. What sort of a society do we live in where we have so many experts on murder within our midst.

    • The Police would not be taking this back to court if they had any doubt and by the way many of us are not in Queensland we don’t get The Courier Mail 🙂

    • The Courier Mail is not taking this back to court mate, the Police are and with good reason

    • The Appeal Court found him guilty of manslaughter and overturned the juries decision of murder. This whole case in recent times has been driven by the Courier Mail newspaper. Let the High Court decide the matter instead of editor of the paper. As for the good reason that David wrote about the police were given ample opportunity to state their case in the recent court hearing.

    • Allan I feel he is guilty and I have never read The Courier Mail in my life, it ‘s Murdoch trash, I avoid anything that Murdoch has a hand in but this appeal will tell us who is right, The Police or Bayden Clay

    • I believe in justice, I wouldn’t give a murderer any support at all. He was found guilty by a jury not the Courier Mail Allan Fuary.

    • It’s obvious Gerard Baden-Clay is a cold blooded murderer. I don’t need to read a newspaper to be convinced. Thank goodness the people’s voice has been heard!

    • He was so clever right the way through. In fact he is a typical Psychopath, unable to be cured. He knew where he hid the body, and how long it would take for decomposition in those conditions to destroy evidence against him . He is a master. If it was an accident, how come he didn’t call for help. How come he made out that she had gone off on her own. How come he took her out of the house to kill her, so none of his daughters would wake up and catch him. How come so many people were very wary of him. His mistress must feel so guilty over those children losing their Mother. He apparently left those children in the house alone while he disposed of his wife, like a piece of garbage. The hell it was an act of uncontrolled passion. How could the law fall for that in the face of how it all played out.

    • Sandy G Williamson why are you afraid of letting the justice system run it’s full course. So many people caught up in what can only be called mob justice. We’ve seen the same type of mob opinion whipped up over the years only in the long run to be found untrue. Getting involved in Vietnam,Iraq ect. Mob opinion supporting these adventures only to be found to be false later. The media is not interested in justice but in filling out space in their papers and grabs on T V. Try to take a calm unemotional approach to this case. Many people, both male and females have died under various circumstances . Why the call for mob justice?

    • Guilty as, he even telephoned his wife’s life insurance company a week before he murdered her to get the amount the policy was worth (around $1M) but they wouldn’t give the figure as he was not the policy holder, I rest my case.

    • Why then Diane Hills did the judges in the Appeal Court come down with the decision that he was guilty of manslaughter ??? These men in the legal professionals have got it all wrong . Instead of trying to be a judge let the professionals deal with the future appeal instead of sure ending to mob rule.

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