Gerard Baden-Clay’s lawyers have lodged a submission, arguing with the High Court there is no evidence he killed his wife, Allison.
The Brisbane man had his murder conviction downgraded to manslaughter by the Queensland Court of Appeal last year.
The Queensland Director of Public Prosecutions (DPP) then lodged an appeal in February against the downgraded ruling, saying Baden-Clay had motive for murder (including his affair), and his ‘cold-blooded’ dumping of her body.
But on Monday, his lawyers sent their written submission to the High Court, arguing against the allegations with claims there’s not enough evidence.
Despite the fact that Baden-Clay had scratches on his face, this was irrelevant to his supposed intent to kill.
“The lies and steps to dispose of the body considered with all of the other evidence still left open the hypothesis of guilt of unlawful killing, hence a verdict of murder was not reasonably open,” his lawyers told the High Court of the Court of Appeal’s conclusions.
Baden-Clay, 45, was convicted of the murder of his wife, 43-year-old Allison, following a Supreme Court trial in 2014.
Her body was found on the banks of the Kholo Creek, 14kms from the home she shared with Baden-Clay and their three daughters in Brookfield, Brisbane’s west, on April 30, 2012.
Baden-Clay’s appeal will take place in Brisbane on July 26.
