Gerard Baden-Clay: Murder conviction downgraded to manslaughter over death of wife Allison

Updated

Former Brisbane real estate agent Gerard Baden-Clay's murder conviction for killing his wife Allison has been downgraded to manslaughter.

The Court of Appeal set aside the murder finding, saying there was not enough evidence to prove he intended to kill the mother-of-three in 2012.

During Baden-Clay's appeal four months ago, his lawyers argued it was possible he could have unintentionally killed his wife during an argument at their home in Brookfield, in Brisbane's west.

His lawyers then suggested a hypothesis that he covered up the death out of "panic".

During the 2014 trial, Baden-Clay denied killing Allison and said scratches on his face were caused by shaving.

In response to the appeal court's ruling, Acting Attorney-General Cameron Dick said he was seeking legal advice on whether the Court of Appeal ruling could be challenged.

"I have requested legal advice about the prospects of success on an appeal against the decision of the Court of Appeal involving Gerard Baden-Clay," he said in a statement.

"Once that advice has been received and considered, a decision will be made as to whether an appeal should be lodged.

"The Attorney-General must make a decision on any possible appeal within 28 days."

In the judgement handed down on Tuesday, the Court of Appeal said while Baden-Clay lied about the cause of scratches on his face and tried to hide his wife's body, there was a reasonable hypothesis he was innocent of murder.

It could not be ruled out that there was a physical confrontation in which Allison fell and hit her head, the ruling by Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson found.

"Smothering, the crown's thesis, was a reasonable possibility, but while there was also another reasonable possibility available on the evidence, 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," Justice Fraser wrote in Tuesday's findings.

Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.

He was convicted last year and jailed for life, with a non-parole period of 15 years.

New sentencing submissions for the manslaughter conviction will be heard in January.

'This is not a court of public opinion'

Queensland Law Society president-elect Bill Potts said the Court of Appeal made the right decision, however unpopular it might be.

"In this particular case the Court of Appeal, the highest court in Queensland, has looked at all of the facts and all of the law," he said.

"Whilst they found that the judge had not misdirected the jury, they found that the crown, the prosecution, the people who bring the charge, had not excluded the reasonable hypothesis that Mr Baden-Clay had not intended to kill his wife.

"The difficulty is this ... even though Mr Baden-Clay lied essentially through his teeth about very important matters, showed no remorse and, in fact, callous actions so far as his wife, notwithstanding all of that, the jury still have to be satisfied beyond a reasonable doubt that there is no other reasonable hypotheses open."

Mr Potts acknowledged the court's ruling was unpopular in the Queensland community.

"But this is not a court of popularity or of public opinion, it's a court of law, it's a court of justice," he said.

"The public can be well satisfied, whether they have a view as to his innocence or guilt ... that our courts have looked at all of the facts and all of the evidence, and have made a decision based on law, not on emotion."

'Read findings before judging court's decision'

Baden-Clay's lawyer Peter Shields said there was immense public interest in the case, and urged the public to read the findings before they criticised the decision.

"They were very considered reasons of a very experienced court," he said.

"I do think the public understand that it is open justice.

"They can make their own view, based on the facts."

Allison's parents and extended family looked shattered as they left the court.

Cousin Jodie Dann said they were hoping the matter would be finished on Tuesday.

"Obviously the family at this time are disappointed and saddened," she said.

Allison's parents Priscilla and Geoff Dickie made no comment as they left court.

In a statement they said they would let the legal process play out "in the hope that justice for Allison will be served".

"As always, the efforts of the family remain centred around the wellbeing of Allison's daughters, who now face a further period of uncertainty," the statement said.

Topics: murder-and-manslaughter, domestic-violence, community-and-society, brookfield-4069, brisbane-4000, qld

First posted