An appeal by Queensland’s director of public prosecutions will against downgrading the murder conviction of Gerard Baden-Clay will be heard, the High Court ruled this morning.
Baden-Clay was jailed for life for killing his wife at their Brisbane home. But the murder conviction was downgraded to manslaughter in December after his appeal was successful.
Lawyers have argued that the evidence is insufficient to prove he intentionally killed his wife, who may have fallen and hit her head during an argument. According to an ABC report, they suggest he attempted to hide her body out of panic, by dumping it in a creek.
The case will now be heard by a full bench, on a date to be fixed.
Public outcry after his conviction was downgraded culminated in a public rally and the signing of a petition for the state’s DPP to launch the appeal by more than 73,000 people. Following the outcry, attorney-general Yvette D’Ath announced that the Michael Byrne QC, director of public prosecutions, would seek leave to appeal the decision in the High Court.