Gerard Baden-Clay
Gerard Baden-Clay

Court will not be swayed by anger over Baden-Clay decision

UPDATE:

QUEENSLAND'S highest judge says her court will not be swayed by ongoing outrage over the down-grading of Gerard Baden-Clay's murder conviction.

In rejecting Baden-Clay's attempt to today expedite his manslaughter sentencing, Chief Justice Catherine Holmes said her decision was not to appease community anger over her court's ruling that it could not be proved beyond reasonable doubt  he intended to kill his wife Allison in 2012.

However, Justice Holmes said there was merit in Director of Public Prosecutions Michael Byrne's argument in the Queensland Court of Appeal that it would be a waste of time and resources to re-sentence the 45-year-old former real estate agent until after the Crown had exhausted the appeal process.

She also said the Crown had a "prospect of success" with its application to the High Court for special leave to appeal, which is not expected to be heard until March.

"If the conviction is set aside it will simply mean the High Court has taken the applicant's view of the law, whatever that may be," Justice Holmes said.

"It does not mean the administration of justice has suddenly fallen awry in some way.

"And I think it's an unattractive submission this court would act in some way contrary to what it might have done simply because of the prospect of public comment."

Mr Byrne said if the sentencing went ahead before appeals were finalised there could be questions of the system's efficiency.

"The nature of this matter is such as to raise extreme levels of public comment, which, if it is the case that the sentence is ultimately set aside means there has been inefficient administration of justice," Mr Byrne told the court.

Justice Holmes said she saw no "real prejudice" for Baden-Clay if the re-sentencing was delayed.

*For 24-hour support  phone Queensland's DVConnect on 1800 811 811 or Men's Line on 1800 600 636, NSW's  Domestic Violence Line on 1800 656 463 or the  national hotline 1800RESPECT (1800 737 732). 

 

The late Allison Baden-Clay.
The late Allison Baden-Clay. Contributed

 

EARLIER: GERARD Baden-Clay's attempt to fast-track his manslaughter sentence has failed. 

A short time ago, Queensland Court of Appeal chief Justice Catherine Holmes rejected Baden-Clay's lawyer's appeal for him to be sentenced as soon as possible.

The crown successfully argued it would be a waste of time and resources to sentence Baden-Clay until the Department of Public Prosecution's application for leave to appeal was dealt with by the High Court.

Queensland's Court of Appeal down-graded the 45-year-old former real estate agent's murder conviction last month after finding it could not be proved beyond reasonable doubt that he intended to kill his wife Allison in 2012.

Domestic violence victims, anti-DV campaigners, media commentators and frontline workers across the country felt outrage at the December 8 ruling.

More than 100,000 people signed a petition calling on the Director of Public Prosecutions Michael Byrne to ask the High Court for special leave to appeal. Thousands more rallied in Brisbane's CBD.

Baden-Clay grew up in Toowoomba and married Allison June Dickie, from Ipswich, on August 23, 1997.

The couple had three children.

On April 20, 2012, Baden-Clay reported his 43-year-old wife missing to police.

Three days later Ms Baden-Clay's parents pleaded of help to find their daughter.

On April 24, Baden-Clay told reporters: "We really trust that the police are doing everything they can to find my wife."

He thanked the public for its help on April 28.

Mrs Baden-Clay's body was found under an Anstead bridge on April 30 and police charged her husband with murder and interfering with a corpse on June 13.

On July 15, 2014, a jury found him guilty and he was  sentenced to life imprisonment.

He launched his appeal on August 7 last year and on December 8 the murder conviction was replaced with manslaughter

For 24-hour support  phone Queensland's DVConnect on 1800 811 811 or Men's Line on 1800 600 636, NSW's  Domestic Violence Line on 1800 656 463 or the  national hotline 1800RESPECT (1800 737 732).



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