Kelly Wilkinson was flagged as a high-risk aggrieved person by both Queensland Police and a domestic violence service but was murdered by her ex-husband days after she was wrongly granted bail, an inquest has heard.
Wilkinson had made rape allegations against Brian Earl Johnston which should have been treated as “show cause” offenses and heard by a magistrate, the inquest heard.
Instead, a police officer at Southport station granted Johnston bail.
A few days later, on April 20, 2021, Johnston set Wilkinson on fire and burned her to death at her home on the Gold Coast.
Deputy coroner Stephanie Gallager will hear the first day of a three-day inquest into Wilkinson’s murder on Tuesday in Southport.
DI Suzanne Newton, who investigated the police response to Wilkinson’s reports to the ethics standards command, said the decision to grant Johnston bail was “against the bail law”.
He said police “can’t really give bail” in a cause-cause situation.
“You should, you should go through the guardhouse and appear in front of the magistrate,” Newton said.
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Newton said the same officer who arrested Johnston also granted him bail and had a third role he didn’t remember, which he considered “concerning behavior.”
While that might be an acceptable approach at a rural station with a small number of staff, he said in the context of the large Southport station “it was not appropriate”.
He said it was a common approach used across the Southport district.
Wilkinson, 27, had contacted police on four occasions before her murder, had recently been granted a domestic violence order and had accused Johnston of being “abusive and controlling”.
She was flagged as a high-risk aggrieved party following a police interview on March 30, 2021. The Gold Coast Domestic and Family Violence Prevention Service also referred Wilkinson to police as “high risk” due to immediate risks and safety concerns, and reported incidents of violence.
Gallagher will consider whether the Queensland Police Service’s response to Wilkinson’s complaints was in line with policy at the time and “whether the QPS has made appropriate changes to training, policy and procedure to address any deficiencies identified in respect of responses to domestic violence”.
Johnston, 37, a former US Marine, pleaded guilty to Wilkinson’s murder in 2024. Judge Peter Applegarth sentenced him to life in prison.
The couple married in 2011 after meeting online and had three children, but Wilkinson split from him and accused him of crimes.
Johnston used a 20-litre petrol can to set Wilkinson and then himself on fire, before jumping into Wilkinson’s swimming pool.
“I found that you intended to kill her and then commit suicide, which you failed to do,” Judge Peter Applegarth said in sentencing Johnston.
The investigation continues.
In Australia, the national family violence advice service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247 or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines can be found at www.befrienders.org.
