Gerard Baden-Clay murder charge overturned in appeal
BRISBANE man Gerard Baden-Clay has been found not guilty of the murder of his wife Allison in an extraordinary appeal decision.
BRISBANE man Gerard Baden-Clay has been found not guilty of the murder of his wife Allison in an extraordinary appeal decision.
Justice Hugh Fraser changed the murder conviction Baden-Clay, 45, was given last year, substituting it for manslaughter.
Legal experts suggest Baden-Clay could be out of prison in as little as four or five years, after already serving three-and-a-half years.
The family of Mrs Baden-Clay, who had gathered at the Supreme court where the decision on the killer’s conviction was read, have released a statement saying they are “disappointed” and stand by the original court verdict.
Mr Baden-Clay had been found guilty of murder by three judges over the 2012 killing that took place in the couple’s Brookfield home.
The former real estate agent announced in May he would challenge the decision on a number of grounds, including that the jury’s verdict was unreasonable.
“The orders of the court are: one, the appeal against conviction is allowed,” Justice Fraser told the packed courtroom.
“Two, the verdict of guilty of murder is set aside and a verdict of manslaughter is substituted.”
Baden-Clay denied killing his wife and initially dismissed suspicion directed at him when marks consistent with fingernail scratches were seen on his face the morning Allison was found dead.
In delivering their findings Court of Appeal judges said while Baden-Clay had lied during his trial about the cause of facial injuries, and that he had tried to hide his wife’s body, there remained “a reasonable hypothesis consistent with innocence of murder”.
Judges decided it was possible that there was “a physical confrontation between the appellant and his wife in which he delivered a blow which killed her ... without intending to cause serious harm; and, in a state of panic and knowing that he had unlawfully killed her, he took her body to Kholo Creek in the hope that it would be washed away.”
Baden-Clay had originally been handed a life sentence with a non-parole period of 15 years. He is now due to be resentenced at a later date.
He is still open to appeal his manslaughter conviction and has never admitted any involvement in his wife’s death.
Prominent media personalities, seasoned court reporters and the Australian community have voiced their outrage at the decision on social media, many saying it is a blow to domestic violence awareness campaigns.
Allison Baden-Clay’s family released a statement saying they are disappointed and stand by the original court verdict.
“They await the legal process to play out in the hope that justice for Allison will be served,” the statement from the Dickie family said.
“The family would like to thank the Director of Public Prosecutions (DPP) for their ongoing efforts in seeking justice for Allison, as well as the broader public for their messages of support.
“As always, the efforts of the family remain centred around the well-being of Allison’s daughters, who now face a period of uncertainty. They ask the public to continue to respect the privacy of the family.”