Government prepares to appeal Baden-Clay conviction
THE Director of Public Prosecutions has lodged a special leave application to the High Court to appeal Gerard Baden-Clay's downgraded conviction.
Queensland Attorney General Yvette D'Ath said the DPP lodged the application with the High Court in Brisbane on Monday morning.
She welcomed the DPP's decision to progress the special leave application and said "it is important that this matter is now able to progress unhindered".
Baden-Clay was convicted of murdering his wife Allison after a trial and last month the Queensland Court of Appeal downgraded this to manslaughter.
Ms D'Ath said the High Court would now consider the application to ensure it was compliant and the DPP would now have 28 days to lodge the outline of its legal argument.
The defence will then have 21 days to respond.
"We have a strong legal system in this state and this country that have avenues for appeal," Ms D'Ath said.
"But to progress those appeals they must be done on strong legal grounds. The Director of Public Prosecution has given this considerable thought in looking at the decision and this case in determining that there are legal grounds to progress an application for special leave and that is the basis in which he is going forward ."