Murder of Allison Baden-Clay explained

Allison Baden-Clay
Birth Name:Allison June Dickie
Birth Place:Corinda, Queensland, Australia
Birth Date:1968 7, df=yes
Death Cause:Homicide
Nationality:Australian
Spouse:Gerard Robert Baden-Clay (1997–2012; her death)
Children:3

Allison June Baden-Clay[1] (née Dickie; 1 July 1968 – 19 April 2012[2] [3]) was murdered by her husband, Gerard Baden-Clay in a premeditated act on 19 April 2012. Allison was an Australian woman, mother of three daughters aged 10 and under and a business executive. Her body was discovered on 30 April 2012, ten days after she was reported missing by her husband, Gerard. On 13 June 2012, Gerard was charged with murder and interfering with a corpse. On 15 July 2014, he was found guilty of murder, with the other charge being dropped; Gerard was given a life sentence. Gerard appealed the conviction and, on 8 December 2015, these charges were downgraded to manslaughter. In August 2016, the High Court of Australia re-instated the murder conviction.[4]

Background

On 23 August 1997, Allison June Dickie married Gerard Robert Baden-Clay, who had been born in Bournemouth, England, United Kingdom on 9 September 1970.[5] In 1971, Gerard's family had migrated from Zambia to Rhodesia, where they changed their family name to "Baden-Clay" to associate the family with his father's grandfather, Lord Baden-Powell of Scouting fame. In 1980, the Baden-Clay family migrated to Australia.[6] After leaving school, Gerard trained in accountancy, and then worked for Flight Centre in Brisbane, where Allison was a colleague.

At the time of Allison's death in 2012, the couple were on diverging financial paths. Allison had become an executive for Flight Centre, but Gerard, who had been running a successful up-market real estate franchise since 2004, was struggling following the disastrous Brisbane floods.[7] The couple lived in a rented house in Brookfield, Queensland along with their three daughters aged 10 and under.[8] In October 2011, Allison learnt of a long-standing affair her husband was having with an employee at his business.[9] At the time of her disappearance Allison's life was insured for more than A$800,000.[10]

Disappearance and discovery

At 7:14 am on Friday, 20 April 2012,[11] Gerard reported Allison missing. He claimed she sometimes went for a walk at 5am and assumed she had done so that morning. She was always back in time for their daughters' breakfast, and he became concerned when she had not returned home.[12]

On 30 April, a woman's body was found by a canoeist at Kholo Creek, Anstead, about 13km (08miles) from the Baden-Clay home in Brookfield. The following day, the body was confirmed to be Allison.[13] Her funeral was held in Ipswich on 11 May.[14] The autopsy report stated that the cause of death could not be determined.[15]

Trial and conviction

On 13 June 2012, Gerard was formally interviewed at Indooroopilly police station and charged with Allison's murder and for interfering with her corpse.[16] He maintained his innocence and said he would "be strenuously defending the charges".[17] Gerard's bail application was denied on 22 June because Justice David Boddice said he posed a "significant flight risk".[18]

The trial began in the Brisbane Supreme Court on 10 June 2014. Gerard pleaded not guilty to the charges.[19] On 15 July, he was found guilty of murdering Allison. He was given a life sentence with a non-parole period of fifteen years.[20] The charge of interfering with a corpse was dropped.

Defence appeal

On 7 August 2015, Gerard appealed his conviction to the Queensland Court of Appeal.[21] On 8 December, his conviction was downgraded to manslaughter,[22] [23] on the ground that the evidence at trial was not able to exclude a reasonable hypothesis that “there was a physical confrontation between [Baden-Clay] and his wife in which he delivered a blow which killed her (for example, by the effects of a fall hitting her head against a hard surface) without intending to cause serious harm".[24]

Prosecution appeal

The decision of the Court of Appeal was controversial. There was a strong public reaction and a large rally was organised calling for an appeal to the High Court of Australia. On 18 December, a crowd estimated at around 4,000 people gathered in King George Square in the centre of Brisbane to support the proposal that the decision be appealed.[25] Some members of the legal profession, in turn, were vocal in defending the decision handed down by the Court of Appeal. Prominent Queensland lawyer Terry O'Gorman, for example, said that, "You don't have a murder case or any other case decided by who can yell out loudest in the media" and that "those who don't like it have to cop it because that is the law."[26] However, in an unusual move, the Queensland Director of Public Prosecutions decided to appeal against the downgrade.[27] [28] The following year, on 31 August 2016, more than four years after Allison had died, the High Court of Australia restored the original trial murder conviction.[24] [29] [30]

Later developments

In February 2017, Allison's father was appointed the executor of her estate. It was ruled that Gerard Baden-Clay was not entitled to any benefits from her death.[31]

Legacy

The Allison Baden-Clay Foundation was launched on 31 July 2015.[32] Its aim is to "create a Queensland community that acknowledges the prevalence of domestic and family violence".[33]

In March 2018, the first annual scholarship in Allison's memory for an aspiring ballet dancer was announced by the Queensland premier, Annastacia Palaszczuk, who had known Allison as a child.[34] [35]

See also

Further reading

External links

Notes and References

  1. News: Baden-Clay guilty verdict: We finally have justice for Allison, family says. 25 January 2016. SBS News. 15 July 2014. 31 January 2016. https://web.archive.org/web/20160131053943/http://www.sbs.com.au/news/article/2014/07/15/baden-clay-guilty-verdict-we-finally-have-justice-allison-family-says. live.
  2. News: Calligeros. Marissa. The trial of Gerard Baden-Clay. 25 January 2016. Brisbane Times. 31 May 2014. 5 January 2017. https://web.archive.org/web/20170105210912/http://www.brisbanetimes.com.au/queensland/the-trial-of-gerard-badenclay-20140530-zrtgh.html. live.
  3. News: Stephens. Kim. Gerard Baden-Clay appeal: Was Allison's death murder?. 25 January 2016. Brisbane Times. 7 August 2015. 19 September 2015. https://web.archive.org/web/20150919134026/http://www.brisbanetimes.com.au/queensland/gerard-badenclay-appeal-was-allisons-death-murder-20150807-giu66v.html. live.
  4. Web site: Baden-Clay jury seeks more guidance. 2014-07-14. www.theaustralian.com.au. 2019-08-08. 7 August 2019. https://web.archive.org/web/20190807214805/https://www.theaustralian.com.au/nation/nation/badenclay-jury-seeks-guidance-on-circumstantial-evidence/news-story/aaf1e655fabbab9bb9749bfcf7affad6. live.
  5. News: The life and times of Gerard Baden-Clay, as supplied to police via affidavits used in bail application. 25 January 2016. News.com.au. 27 June 2012. 7 February 2016. https://web.archive.org/web/20160207203903/http://www.news.com.au/national/the-life-and-times-of-gerard-baden-clay-as-supplied-to-police-via-affidavits-used-in-supreme-court-bail-application/story-e6frfkvr-1226410326970. live.
  6. News: Gerard-Baden-Clay-consummate-salesman-narcissist-and-killer. 18 September 2016. Brisbane Times. 20 July 2014. 11 January 2017. https://web.archive.org/web/20170111021730/http://www.brisbanetimes.com.au/queensland/gerard-badenclay-consummate-salesman-narcissist-and-killer-20140719-zuw3w.html. live.
  7. Web site: Australian True Crime: The Murder of Allison Baden-Clay with David Murray - #18. Apple Podcasts. https://web.archive.org/web/20220321010248/https://podcasts.apple.com/jp/podcast/the-murder-of-allison-baden-clay-with-david-murray-18/id1217681421?i=1000390587336&l=en. 21 March 2022. 2020-03-28. live.
  8. Web site: Allison Baden-Clay Remembered Seven Years On 10 daily. 10daily.com.au. 2020-03-28. 18 May 2020. https://web.archive.org/web/20200518194326/https://10daily.com.au/news/australia/a190726ebixs/allison-baden-clays-sister-wishes-shed-known-more-about-domestic-violence-20190726. live.
  9. Web site: Gerard Baden-Clay's mistress flees Australia under 'Bridget Jones' alias. New Idea. 5 May 2019. en-us. 2020-03-28. 28 March 2020. https://web.archive.org/web/20200328145459/https://www.newidea.com.au/gerard-baden-clays-mistress-flees-oz-under-bridget-jones-alias. live.
  10. Web site: Allison's family spend last day in court. 2017-05-08. www.couriermail.com.au. en. 2020-03-28.
  11. Book: Murray, David. The Murder of Allison Baden-Clay. 2014. Random House Australia. p. 4.
  12. News: Davies. Lisa. Friend of murdered woman laments: 'She told me things, I should have done more'. 25 January 2016. The Sydney Morning Herald. 5 May 2012. 24 September 2014. https://web.archive.org/web/20140924163945/http://www.smh.com.au/national/friend-of-murdered-woman-laments-she-told-me-things-i-should-have-done-more-20120504-1y489.html. live.
  13. News: Waters. Georgia. Police confirm body as Allison Baden-Clay. 25 January 2016. Brisbane Times. 2 May 2012. 5 January 2017. https://web.archive.org/web/20170105151147/http://www.brisbanetimes.com.au/queensland/police-confirm-body-as-allison-badenclay-20120501-1xwsw.html. live.
  14. News: Callinan. Rory. Jabour. Bridie. Reclusive side to grieving husband. 25 January 2016. The Sydney Morning Herald. 12 May 2012. 16 November 2017. https://web.archive.org/web/20171116221827/http://www.smh.com.au/national/reclusive-side-to-grieving-husband-20120511-1yicx.html. live.
  15. News: Australian Associated Press. Allison Baden-Clay died of unknown causes, pathologist tells court. 2014-06-11. The Guardian. 2020-03-04. en-GB. 0261-3077. 7 July 2019. https://web.archive.org/web/20190707235950/https://www.theguardian.com/world/2014/jun/11/allison-baden-clay-died-of-unknown-causes-pathologist-tells-court. live.
  16. News: Worthington. Elise. Baden-Clay remanded in custody on murder charge. 25 January 2016. ABC News. 16 June 2012. 21 February 2016. https://web.archive.org/web/20160221011643/http://www.abc.net.au/news/2012-06-13/baden-clay-charged-with-murder/4068920. live.
  17. News: Sandy. Alison. Kyriacou. Kate. Gerard Baden-Clay's morning texts to dead wife. 25 January 2016. The Advertiser. 26 June 2012.
  18. News: Remeikis. Amy. Accused wife-killer Gerard Baden-Clay denied bail. 25 January 2016. Brisbane Times. 22 June 2012. 7 March 2016. https://web.archive.org/web/20160307083241/http://www.brisbanetimes.com.au/queensland/accused-wifekiller-gerard-badenclay-denied-bail-20120622-20s73.html. live.
  19. News: Norton. Francene. Baden-Clay murder trial: Supreme Court jury told of marriage and debt problems. 25 January 2016. ABC News. 11 June 2014. 23 March 2016. https://web.archive.org/web/20160323235856/http://www.abc.net.au/news/2014-06-10/baden-clay-murder-trial-day-one/5511298. live.
  20. News: Norton. Francene. Gerard Baden-Clay given life sentence for murder of wife Allison. 25 January 2016. ABC News. 16 July 2014. 2 February 2016. https://web.archive.org/web/20160202074738/http://www.abc.net.au/news/2014-07-15/gerard-baden-clay-guilty-of-killing-wife-allison/5548628. live.
  21. News: Mellor. Leonie. Taylor. John. Hatzakis. Maria. Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction. 25 January 2016. ABC News. 7 August 2015. 7 March 2016. https://web.archive.org/web/20160307145136/http://www.abc.net.au/news/2015-08-07/appeal-court-reserves-decision-baden-clay-murder-conviction/6675296. live.
  22. News: Gerard Baden-Clay: Murder conviction downgraded to manslaughter over death of wife Allison. 25 January 2016. ABC News. 8 December 2015. 29 January 2016. https://web.archive.org/web/20160129154344/http://www.abc.net.au/news/2015-12-08/gerard-baden-clay-wins-appeal/7009464. live.
  23. R v Baden-Clay .
  24. News: Baden-Clay and the perils of giving evidence in murder trials. Sterling Law. 13 December 2018. 21 December 2018. 21 December 2018. https://web.archive.org/web/20181221182920/https://sterlinglawqld.com/baden-clay-and-the-perils-of-giving-evidence-in-murder-trials/. live.
  25. Book: Murray, David. The Murder of Allison Baden-Clay. 2014. Random House Australia. p. 457.
  26. Murray, op.cit., p.455.
  27. News: Elks. Sarah. Queensland's high-stakes legal gamble over Gerard Baden-Clay. 31 August 2016. The Australian. 2 January 2016.
  28. News: High Court to hear appeal against Baden-Clay murder downgrade. 26 July 2016. ABC News. 25 July 2016. en-AU. 3 April 2024. https://web.archive.org/web/20240403124936/https://www.abc.net.au/news/2016-07-26/baden-clay-murder-conviction-downgrade-high-court-dpp/7652002. live.
  29. News: Wilson. Rae. High Court finds Gerard Baden-Clay murdered wife Allison. 31 August 2016. Sunshine Coast Daily. 31 August 2016. 19 September 2016. https://web.archive.org/web/20160919212652/http://www.sunshinecoastdaily.com.au/news/high-court-hand-down-baden-clay-appeal-decision/3083950/. live.
  30. The Queen v Baden-Clay .
  31. News: Wife killer Gerard Baden-Clay not entitled to any of Allison's estate, court rules. 10 March 2018. ABC News. 23 February 2017. en-AU. 7 July 2017. https://web.archive.org/web/20170707162906/http://www.abc.net.au/news/2017-02-23/wife-killer-gerard-baden-clay-wont-get-allisons-estate-court/8296538. live.
  32. News: Allison Baden-Clay Foundation targets violence. 25 January 2016. Brisbane Times. Australian Associated Press. 29 July 2015. 4 January 2017. https://web.archive.org/web/20170104204331/http://www.brisbanetimes.com.au/queensland/allison-badenclay-foundation-targets-violence-20150728-gimkv1.html. live.
  33. Web site: About the Foundation. The Allison Baden-Clay Foundation. 25 January 2016. 30 January 2016. https://web.archive.org/web/20160130185349/https://www.allisonbadenclayfoundation.org.au/about-the-foundation/. live.
  34. http://www.abc.net.au/news/2016-08-31/gerard-baden-clay-murder-conviction-to-stand-high-court/7800556 Gerard Baden-Clay murder conviction reinstated by High Court
  35. Web site: Allison Baden-Clay legacy lives on as ballet scholarship winner announced. Jessica van Vonderen. 10 March 2018. abc.net.au. 11 March 2018. 11 March 2018. https://web.archive.org/web/20180311151016/http://www.abc.net.au/news/2018-03-10/allison-baden-clay-ballet-scholarship-winner-announced/9535336. live.

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