Yesterday, Queensland’s Court of Appeal incredibly overturned the conviction of murder handed down to Gerard Baden-Clay last July, downgrading the guilty charges levelled against him to manslaughter.
The decision has sparked outrage and disbelief across the country, as advocates working to curb violence against women expressed their dismay.
The appeals court found that the evidence proving intent or premeditation – a key determining factor between murder and manslaughter – could not be proven beyond reasonable doubt, and were circumstantial at best; overruling the previous Supreme Court judge, and the public jury’s original verdict.
The facts, however, still remain the same.
On April 19th, 2012, Baden-Clay killed his wife, Allison Baden-Clay, and attempted to hide her body by disposing of it under the Kholo Bridge Crossing in Anstead – west of Brisbane. The next morning, Baden-Clay reported his wife missing to police, sparking a wide-ranging, and very public, search for her – one which included multiple media appearances and pleas from Baden-Clay himself.
11 days after the initial disappearance report, Allison’s body was found. And the ensuing investigation saw Baden-Clay charged with murdering his wife. At the time, it was discovered that Baden-Clay was having an extra-marital affair, and was in severe financial difficulty – both things he kept secret from Allison.
The Courier Mail‘s frontpage today pulls very few punches in letting everyone know exactly how they feel about the situation.
Front page of Wednesday’s newspaper #badenclay pic.twitter.com/zGoB10zPAT
— The Courier-Mail (@couriermail) December 8, 2015
In a horribly, beyond fucked-up situation, that just about perfectly encapsulate’s people’s emotional reaction to the matter.
But whether anyone likes it or not, the law is an unemotional beast. And if intent isn’t able to be proven, it’s the law’s responsibility to punish accordingly. Mens rea vs Actus reus.
Gerard Baden-Clay killed his wife. Of that, there is no question. But, for better or worse, the law needs to properly figure out how to define what he did.
Still, y’know… It is a bit of an ass.
Photos: Twitter.
