Appeal hears Baden-Clay could have panicked

Gerard Baden-Clay has always maintained he did not murder wife Allison.
Gerard Baden-Clay has always maintained he did not murder wife Allison.

CONVICTED murderer Gerard Baden-Clay could have unintentionally killed his wife Allison during an argument and then dumped her body because "he panicked".

Barrister Michael Copley made that argument while appealing Baden-Clay's convictions in the Queensland Court of Appeal on Friday.

"A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted," he said.

MORE: Baden-Clay: Jury had to be sure Gerard dumped Allison's body

"The possibility is open that everything he did in the days after the killing was attributable to panic."

Baden-Clay has always maintained he did not murder Allison at their Brookfield home in April, 2012.

Crown prosecutor Michael Byrne asked the court to consider the jury had the advantage of watching Baden-Clay testify for days.

He said the jury could find there was an injury to hide which showed evidence of a conflict between the couple.

Mr Copley argued there was a miscarriage of justice because the jury was not directed on evidence about Allison's blood in her car.

He also suggested the trial judge erred in directions about Allison's body at Kholo Creek and suggestions Baden-Clay tried to use a razor to disguise marks on his face.

Mr Byrne said there was "a short series of dots to connect the proposition he drove her there" but the jury still could have found Baden-Clay responsible for Allison's death even without the blood.

"There is evidence the jury could act upon to accept it was likely the blood was put there after she had been injured through a fatal attack," he said.

Mr Copley said blood was the only circumstance suggesting Baden-Clay took her to the creek.

The court has reserved its decision.


Topics:  appeal baden-clay court crime murder terrorathome

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