More than four years after Gerard Baden-Clay killed his wife Allison, the Crown has argued its appeal against downgrading his murder conviction to manslaughter.
His affair, along with dire financial problems were cited as motives for the “calculated” killing of his wife before the High Court today.
Top barrister Walter Sofronoff QC opened the case for the Crown arguing Baden-Clay’s ongoing conduct was “not only calculated, but cold-blooded”.
“One could conclude about him that this was a man… who is capable of murder,” he told the packed courtroom in his opening address.
Sofronoff said the Court of Appeal had made several errors in downgrading Baden Clay’s conviction to manslaughter.
He also detailed an extra-marital affair with with colleague Toni McHugh as evidence of his motive, compounded by soaring debts.
“He was plainly a man on the evidence who was charged with sexual urges and who had had affairs with other women, but in the case of this woman he had pronounced and affirmed his love for her verbally and in writing as late as days before he killed his wife.”
While there is overwhelming evidence implicating the former Brisbane real estate agent in his wife’s death, his lawyer’s have consistently argued it is insufficient to uphold a murder conviction.
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