Queensland’s Director of Public Prosecutions wants to appeal against a decision to downgrade Gerard Baden-Clay’s murder conviction to manslaughter, over his wife Allison’s death.
Attorney-General Yvette D’Ath said DPP Michael Byrne QC planned to make an application to the High Court on Monday seeking special leave to appeal.
“I have been advised that the Director of Public Prosecutions has advised the Dickie family this morning that he will be making an application to the High Court,” Ms D’Ath said.
Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.
In 2014, he was found guilty of murdering Allison at their home in Brookfield, in Brisbane’s west, and was sentenced to life in prison.
But on December 8 the Court of Appeal downgraded the conviction, saying there was not enough evidence to prove he intended to kill the mother of three in 2012.
It found while Baden-Clay lied about the cause of scratches on his face and tried to hide his wife’s body, there was a reasonable hypothesis he was innocent of murder.
It could not be ruled out that there was a physical confrontation in which Allison fell and hit her head, the ruling by Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson found.
There was public outcry over the decision, and thousands gathered in Brisbane to protest.
The DPP will have 28 days to lodge an outline of the argument with the High Court.
The defence will then have a further 21 days to do the same.