Gerard Baden-Clay appeal 'unlikely to succeed'
QUEENSLAND'S director of public prosecutions must have found a key piece of evidence overlooked by three of the state's most senior judges in order to prove Gerard Baden-Clay intended to kill his wife Allison, a retired Supreme Court judge said on Wednesday.
The Honourable George Fryberg, QC, said while the grounds of a High Court appeal over the downgrading of the former Brisbane real estate agent's murder conviction were yet to be revealed, he considered it highly unlikely DPP Michael Byrne's application would be granted.
Refusal of the application would mean the controversial manslaughter ruling made in the Queensland Court of Appeal earlier this month would remain.
"The Court of Appeal judges would have read the trial transcript cover to cover, that's what they do in a circumstantial case, but if you accept the accuracy of what the Court of Appeal said about the state of evidence it is hard to see how leave to appeal would be granted," Mr Fryberg said.
"The Court of Appeal essentially said that the only evidence available in a circumstantial case to permit an inference of intent to kill was the evidence of lies told by the accused to police and in the witness box.
"They said that by itself is not enough, I imagine what the DPP has been doing is combing through the transcript and looking for other evidence that might help support that there was an intent to kill."