Queensland's chief prosecutor has launched his High Court challenge to wife-killer Gerard Baden-Clay's manslaughter verdict, arguing the appeal judges made errors.
Director of Public Prosecutions (DPP) Michael Byrne QC applied to the High Court for leave to appeal the downgrading of Baden-Clay's murder conviction to manslaughter.
The former real estate agent's conviction was changed last month in a shock decision by Queensland's Court of Appeal.
Mr Byrne's application, filed on Monday, seeks High Court orders to either dismiss the lower court's ruling or order a re-hearing of Baden-Clay's appeal.
He argues the Court of Appeal erred in applying the principles of circumstantial evidence, and in partly basing its decision on a factual assertion which was not established by evidence.
The DPP also contends the Court of Appeal erred in concluding Baden-Clay's post-offence conduct, which included dumping her body and lying about scratches on his face, did not prove beyond reasonable doubt that he intended to kill or do grievous bodily harm to Allison.
Attorney-General Yvette D'Ath says it's important for the case to progress unhindered.
"Consequently I will not be commenting on the matter as it goes forward, but I am pleased that application has been lodged today," she said.
Ms D'Ath brushed off the suggestion the government had bowed to overwhelming public pressure to appeal Baden-Clay's acquittal, which included a huge public rally in Brisbane in December.
The decision to appeal was entirely up to the state's top prosecutor, not the state government, she said.
"The Director of Public Prosecutions has given this considerable thought in looking at the decision and in determining there are legal grounds to progress an application for special leave to appeal, and that is the basis on which he is going forward," she said.
The DPP has 28 days to submit his outline of argument and Baden-Clay will then have a further 21 days to respond.
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