Gerard Baden-Clay: DPP files appeal against decision to downgrade murder conviction

Queensland's Director of Public Prosecutions (DPP) has lodged documents in the High Court seeking to appeal against Gerard Baden-Clay's downgraded murder conviction.

In 2014, Baden-Clay was found guilty of murdering his wife Allison at their home in Brookfield, in Brisbane's west, and was sentenced to life in prison.

That conviction was, however, downgraded to manslaughter in December last year by the Court of Appeal.

The change came after it was found there was not enough evidence to prove he intended to kill the mother of three.

Last week Attorney-General Yvette D'Ath flagged that DPP Michael Byrne QC was planning to make an application to the High Court seeking special leave to appeal against the decision.

Today that application was lodged.

The decision to downgrade Baden-Clay's conviction spurred public outrage in Brisbane, with thousands turning out in King George Square to protest the move.

Rally organiser Nicole Morrison, who was a friend of Ms Baden-Clay, told the crowd people across Queensland were disappointed with the judiciary.

"The shock and confusion of [the] decision resonated within not only those involved with Allison's case but also the community at large, and this is the reason we are all standing here," she said.

Ms D'Ath welcomed the application, but said the appeal was not made because of public pressure.

"To progress those appeals they must be done on strong legal grounds," she said.

"The Director of Public Prosecutions has given this considerable thought in looking at the decision and this case in determining that there are legal grounds to progress an application for special leave."

The DDP has 28 days to provide an outline of its argument.

Baden-Clay's defence will also have a further 21 days to do the same.

Leave a Reply

Your email address will not be published. Required fields are marked *