An application to appeal Queensland wife-killer Gerard Baden-Clay’s downgraded conviction has been lodged in the nation’s highest court.
The Queensland Court of Appeal last month downgraded Baden-Clay’s murder conviction to manslaughter for killing his wife Allison in 2012.
State Attorney-General Yvette D’Ath on Monday said the Director of Public Prosecutions (DPP) Michael Byrne QC formally applied for special leave to appeal Baden-Clay’s acquittal in the High Court.
“It is important that this matter now is able to progress unhindered,” she said.
“Consequently I will not be commenting on the matter as it goes forward, but I am pleased that application has been lodged today.”
Ms D’Ath brushed off the suggestion the government had bowed to overwhelming public pressure to appeal Baden-Clay’s acquittal, which included a huge public rally in Brisbane last month.
The decision to appeal was entirely up to the state’s top prosecutor, not the state government, she said.
“The director of public prosecutions has given this considerable thought in looking at the decision and in determining there are legal grounds to progress an application for special leave to appeal, and that is the basis on which he is going forward,” she said.
The DPP has 28 days to submit his outline of argument and Baden-Clay will then have a further 21 days to respond.