A retired Supreme Court judge has said why he thinks the Court of Appeal shouldn’t have downgraded Gerard Baden-Clay’s murder conviction.
The Courier Mail has today published the opinion of a retired Supreme Court judge, who has spoken out about the controversial downgrading of Gerard Baden Clay’s murder conviction by the Court of Appeal.
“The simple fact is that the Court of Appeal got it wrong,” he said.
The former interstate judge has withheld his identity to avoid controversy, according to The Courier Mail.
“The Court of Appeal completely endorsed the view that the evidence in the Baden-Clay case was capable of supporting the conclusion that the appellant had caused his wife’s death by an unlawful act but they reasoned that in the particular circumstances a finding of an intent to kill could not be sustained.
“To reach this conclusion the Court embarked upon a detailed assessment of the evidence given at the trial and consideration of competing submissions by counsel during the appeal.
“I have not had an opportunity to read the transcript of the evidence given at the trial but I have no reason to believe that the Court of Appeal in its judgment has failed to mention any relevant part of the evidence as to the circumstances surrounding the killing of Mrs Baden-Clay,” he said.
Read his full opinion on The Courier Mail website.
http://www.couriermail.com.au/news/opinion/retired-judge-delivers-his-verdict-on-why-appeal-court-should-not-have-downgraded-badenclay-conviction/news-story/6ca8309c653d9cc23e0e75a81b0c8adb
“The simple fact is that the Court of Appeal got it wrong,” he said.
The former interstate judge has withheld his identity to avoid controversy, according to The Courier Mail.
“The Court of Appeal completely endorsed the view that the evidence in the Baden-Clay case was capable of supporting the conclusion that the appellant had caused his wife’s death by an unlawful act but they reasoned that in the particular circumstances a finding of an intent to kill could not be sustained.
“To reach this conclusion the Court embarked upon a detailed assessment of the evidence given at the trial and consideration of competing submissions by counsel during the appeal.
“I have not had an opportunity to read the transcript of the evidence given at the trial but I have no reason to believe that the Court of Appeal in its judgment has failed to mention any relevant part of the evidence as to the circumstances surrounding the killing of Mrs Baden-Clay,” he said.
Read his full opinion on The Courier Mail website.
http://www.couriermail.com.au/news/opinion/retired-judge-delivers-his-verdict-on-why-appeal-court-should-not-have-downgraded-badenclay-conviction/news-story/6ca8309c653d9cc23e0e75a81b0c8adb
