Gerard Baden-Clay could again be convicted of murder, after the High Court gave the nod for further legal action. Supporters of Allison Baden-Clay were in a Canberra court, and expressed their joy when the appeal was granted. It allows prosecutors one final chance, to overturn the downgrading of the initial jury conviction.
Joseph Ogilvie reports.
This morning, the High Court granted Queensland’s Department of Public Prosecutions special leave to appeal a Brisbane Court’s ruling that Gerard Baden-Clay was guilty of manslaughter, not murder.
Bill Potts, President of The Queensland Law Society: “Now this is actually a good sign, it shows that the justice system works for the rich, for the poor, for the innocent and the guilty.”
A full bench of up to seven judges will now consider whether to reinstate the original murder conviction.
Bill Potts, President of The Queensland Law Society: “It doesn’t mean that the High Court is going to decide in favour of the Crown, it merely means they will listen to full arguments on both sides to determine if the Court of Appeal got it right.”
The downgrading of the conviction made last December, saw unprecedented public outcry.
Including a petition presented to Queensland’s Attorney-General, which had more than 122,000 signatures.
And a protest of thousands in King George Square late last year.
A total of 15 applications for special leave were before the highest court in Australia today. The other 14 were dismissed, showing just how rarely leave to appeal is granted.
The next stage of the legal process comes back to the High Court later this year.
Joseph Ogilvie QUT News.