Gerard Baden-Clay: Prosecutors outline case for reinstatement of murder conviction in wife Allison's death

Updated

Gerard-Baden Clay's yearning to be with his mistress was enough motive to murder his wife, Queensland's Director of Public Prosecutions (DPP) says in its attempt to reinstate the conviction.

Key points: Director of Public Prosecutions files documents outlining why High Court should reinstate Baden-Clay's murder conviction

DPP says enough motive to prove murder instead of manslaughter, included yearning for mistress

'Cold-blooded' dumping of body in a river also showed intent of murder, DPP says

The Court of Appeal downgraded the conviction to manslaughter in December, saying the jury could not have proved beyond reasonable doubt the former real estate agent intended to kill his wife.

In documents submitted late on Monday, the DPP outlined the crown's summary of argument and why the High Court should return the murder conviction.

The DPP argued there was a motive for murder, including Baden-Clay's affair and his "cold-blooded" dumping of Allison's body.

"The yearning of a man to be with another woman has for a long time been regarded as relevant to the question of intent," the documents said.

"This is evidence of motive ... which a jury might infer intention."

The DPP also argued Baden-Clay's actions after his wife's death showed intent.

"He got rid of the primary evidence, the body of his wife, by driving it 13 kilometres away and dumping it in mud under a bridge in a most cold-blooded way," the documents said.

"He put on fake concern about his wife and play-acted that concern by sending texts to a phone he knew she would never answer."

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

In 2014, he was found guilty and sentenced to life in prison.

The DPP said the Court of Appeal's decision was the latest in a line of Queensland cases that were inconsistent with recent decisions of the Victorian Court of Appeal about "the significance of post-offence conduct in deciding whether a killing is murder or manslaughter".

The documents argued Baden-Clay's lies about scratches to his face and disposing of his wife's body should be considered when determining intent.

Baden-Clay's defence team has 21 days to lodge their response.

Topics: murder-and-manslaughter, law-crime-and-justice, judges-and-legal-profession, brookfield-4069

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