More than four years after Gerard Baden-Clay killed his wife Allison, the Crown has argued its appeal against downgrading his murder conviction to manslaughter.
His affair, along with dire financial problems were cited as motives for the “calculated” killing of his wife before the High Court today.
Top barrister Walter Sofronoff QC opened the case for the Crown arguing Baden-Clay’s ongoing conduct was “not only calculated, but cold-blooded”.
“One could conclude about him that this was a man… who is capable of murder,” he told the packed courtroom in his opening address.
Sofronoff said the Court of Appeal had made several errors in downgrading Baden Clay’s conviction to manslaughter.
He also detailed an extra-marital affair with with colleague Toni McHugh as evidence of his motive, compounded by soaring debts.
“He was plainly a man on the evidence who was charged with sexual urges and who had had affairs with other women, but in the case of this woman he had pronounced and affirmed his love for her verbally and in writing as late as days before he killed his wife.”
While there is overwhelming evidence implicating the former Brisbane real estate agent in his wife’s death, his lawyer’s have consistently argued it is insufficient to uphold a murder conviction.
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What I find most distressing is that the court found it plausible that he somehow accidentally killed his wife (before deliberately covering up). Is violence so normalised that killing another person with your bare hands can "just happen"?
I hope they are able to do finally give the families some peace of mind this saga has been going on for far too long and can wear people out emotionally. I just hope that no matter the decision, they can try to move forward with their lives.