Convicted killer Brian Earl Johnston to face court charged with rape of estranged wife Kelly Wilkinson
Just days before her horrific murder at the hands of her estranged husband, Kelly Wilkinson was allegedly exposed to more sickening abuse by him.
Police & Courts
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A former US Marine will face a committal hearing over allegations he repeatedly raped his estranged wife in the weeks before he brutally murdered her.
Brian Earl Johnston has already pleaded guilty to the murder of Gold Coast mum Kelly Wilkinson, but separate rape allegations had remained on hold while that case proceeded through the courts.
With Johnston now serving a life sentence for Kelly’s murder, prosecutors have turned their attention to allegations he digitally raped her on multiple occasions at her Arundel home just weeks before her death.
The rape allegations were made in early 2021, just days before Kelly’s horrific death at the hands of her former partner.
According to the court brief filed by police, Johnson allegedly digitally raped Kelly on February 10, 12 and 13, on each occasion “overpowering” her in the couple’s bedroom before she was able to get away – on one occasion only after she was able to kick him in an injured knee.
Police allege that after the second occasion she confronted him and said: “What you have done to me is sexual assault”.
Johnston allegedly replied: “You can’t rape your wife.”
Kelly then responded: “I have a right to say no”.
Johnston was arrested and charged on April 12 and granted watch-house bail – meaning he walked free from Southport Police Station and did not have to apply for bail in a courtroom hearing.
By then he was already the subject of a protection order after Kelly expressed fears for her safety to police in March and he was living in a home north of the Gold Coast.
He was ordered to appear in court on April 30, but just eight days after his arrest on rape charges – and nine days before he was due to face court, he murdered Kelly.
During a brief mention of the rape case in the Southport Domestic Violence Court on Friday, Magistrate Jane Bentley set the matter down for a two-day committal hearing – often used as a precursor to a trial, with cross-examination of up to nine witnesses.
The hearing will be held on August 27-28.
The court was told Johnston was currently in isolation in jail suffering from chickenpox.
Johnston is eligible to apply for parole in 17 years, taking into account the three years he has already spent in custody over Kelly’s murder.
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