Court has ‘reasonable doubt’ if Gerard Baden-Clay had ‘intent to kill’ his wife; verdict downgraded to manslaughter
Gerard Baden-Clay wins his appeal as the murder conviction for killing his wife has been downgraded to manslaughter.
The Court of Appeal did not find enough evidence to prove that the former real estate agent from Brisbane deliberately killed his 43-year-old wife. The Court said on Tuesday that there was a reasonable possibility that the 45-year-old might have accidentally killed Allison Baden-Clay.
In 2014, he told the court that the scratches on his face had been caused by shaving. The Court then noted that Baden-Clay had lied about these scratches. Baden-Clay has since been serving a life sentence after he was convicted in 2014 for the murder of his wife in April 2012.
Allison Baden-Clay's family and supporters left the courtroom silently after the decision had been announced. "Allison's family are disappointed by today's Court of Appeal decision, and remain supportive of the original findings of the court," AAP quoted their statement.
"They await the legal process to play out in the hope that justice for Allison will be served."
Baden-Clay's lawyers earlier argued that there was a possibility their client had unintentionally killed his wife and covered up the death out of panic. The mother-of-three was killed at the couple’s home in Brookfield. She was found in a creek 10 days after she had been reported missing.
"Smothering, the crown's thesis, was a reasonable possibility, but while there was also another reasonable possibility available on the evidence, the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved," The ABC quoted Justice Fraser on his findings.
Baden-Clay's lawyer Peter Shields asked the public to read the findings first before criticising the decision, as he acknowledged the immense public interest in the case.
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