Alleged breaches of a court order were not serious enough to incarcerate Gold Coast mum Kelly Wilkinson’s alleged killer

Police have made a major revelation about the days leading up to the alleged backyard murder of Gold Coast mum Kelly Wilkinson.

A Queensland police commissioner has defended officers for not locking up Kelly Wilkinson’s alleged killer before her death, saying allegations about the accused’s previous behaviour did not reach the “threshold” for incarceration.

Ms Wilkinson’s burned body was found in the rear of a Gold Coast house on Tuesday morning.

Her estranged husband Brian Earl Johnston, 34, has been charged with the 27-year-old’s murder.

Kelly Wilkinson continually raised her concerns with police about her estranged husband Brian Johnston who has since been charged with murder. Picture: Facebook

Johnston was given watch-house bail on other charges a week before Ms Wilkinson’s death and was due to face court on four serious matters on April 30.

In the weeks leading up to her death, family members said Ms Wilkinson had contacted police at least twice to complain about Johnston.

It was deemed Johnston’s alleged actions did not breach the conditions of a court order, Assistant Commissioner Brian Codd said.

“There was some contact made by Kelly with the police subsequent to an order,” Commissioner Codd said.

“Attention was drawn to police about the concerns raised about fearing for her safety and articulating her concern that he hadn't been kept in custody.

Assistant Commissioner Brian Codd said police take all domestic violence cases very seriously. Picture: Brad Fleet

“They were assessed on the basis of the information before the officers at the time, it was determined that they didn’t meet a threshold that enabled us to take action in that regard.

“And of course, in hindsight … you can now just say … that was an extraordinary opportunity, but we still have laws and rules to apply.”

Commissioner Codd said a police protection notice had been made on March 31.

Natalie Wilkinson, one of Kelly’s three sisters, said she drove the 27-year-old to the police station “almost every day” to report alleged breaches of the court order.

“I would drive her to the police station almost every day to make breaches and reports and still nothing had moved any further,” Natalie told Seven News.

Natalie Wilkinson said she drove Kelly, almost daily, to see police to complain about her estranged husband. Picture: Seven News

Another of Kelly’s sisters, Danielle Carroll, told how police overlooked Kelly’s concerns in favour of giving Johnston “space”.

“One of the last things she was told was, the DVO’s been put in place, we just need to give him space,” Ms Carroll told Seven News.

Commissioner Codd said the force needed to do better on domestic violence, implored complaints were taken very seriously but “ultimately” the system failed Ms Wilkinson.

He said a review would examine all contact between police and the mother in the lead-up to her death.

Danielle Carroll said police told Kelly to give her estranged husband some "space". Picture: Seven News

“She’s been killed, we will allege, in horrific circumstances. Somewhere along the line, she had engaged with the system, with us,” Commissioner Codd told reporters on Wednesday.

“I think it's important that we examine to what extent it is a systemic failure.

“We haven’t come to that conclusion yet, but there’s certainly, ultimately it’s a failure. A woman has died.

“I’d be loath to allow women to think for one moment that the stories are listened to.”

Gold Coast District Superintendent Rhys Wildman said they had yet to identify any “significant” issues in their handling of Ms Wilkinson’s complaints although that was still under review.

Gold Coast District Superintendent Rhys Wildman (foreground) said Ms Wilkinson’s death had reverberated emotionally throughout the force. Picture: Brad Fleet

“We haven’t identified significant issues in relation to that at this point in time,” he told reporters

“However, we will continue around inquiries and then report back and look at any systemic issues we can modify and rectify.”

Ms Wilkinson’s death had reverberated emotionally through the force and Superintendent Wildman said he was deeply saddened by what had occurred.

“This has dramatically affected every officer on the Gold Coast and officers have been devastated by what’s occurred,” he said.

Johnston was remanded in custody on the murder charge with his case to return to Southport Magistrates Court on June 4.