Police improperly granted Kelly Wilkinson’s estranged husband bail days before he murdered her, inquest hears | Queensland
Kelly Wilkinson was flagged as a high-risk victim by both Queensland police and the domestic violence service but was improperly murdered by her estranged husband days after he was granted bail, an inquest heard.
The inquest heard Wilkinson made rape allegations against Brian Earl Johnston which should have been treated as “just cause” offenses and heard by a magistrate.
Instead, Johnston was granted police bail by Det Sgt Dane Sheraton, an officer at Southport station.
Just days later, on April 20, 2021, Wilkinson was set on fire and burned to death at his Gold Coast home by Johnston.
Deputy coroner Stephanie Gallager hears the first day of the three-day inquest into Wilkinson’s murder in Southport on Tuesday.
Det Insp Suzanne Newton, who investigated the police response to Wilkinson’s reports on the ethics standards order, said the decision to grant Johnston bail was “contrary to the Bail Act”.
He said police “can’t actually give bail” in a demonstrative situation.
“They must go through the guardhouse and appear before the judge,” Newton said.
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Newton said it was “concerning” that Sheraton both arrested Johnston and released him on police bail.
While this might be an acceptable approach for a rural station with few staff, he said it was “not appropriate” in the context of the large Southport station.
But he said it was a common practice throughout the district.
Wilkinson, 27, had contacted police four times before the murder, had a recent domestic violence order and had repeatedly threatened her.
He was flagged as a high-risk victim following a police interview on March 30, 2021. The Gold Coast domestic and family violence prevention service also described Wilkinson as “high risk” and reported the violence to police due to immediate risk and safety concerns.
The inquiry heard that for high-profile complaints “proactive police response to the risk is recommended”. This rose to the “highly recommended” level for those considered “extreme” risk.
The assessment was sent to the domestic violence liaison officer. The court heard the case may never have been opened and Wilkinson did not hear from a liaison officer before he died.
On April 11, Wilkinson visited two police stations to report further alleged violations of the protection order.
At Southport station, Const Diana Sovacki noted in Wilkinson’s file that he “appeared to be police shopping to get the result he wanted” as he had also gone to another station.
Sovacki and Sheraton were not scheduled to testify at the inquest at this time. The investigation heard that both were sentenced to disciplinary punishment by local government decision.
Gallagher will consider whether the Queensland police force’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 identified deficiencies in relation to DV responses”.
Johnston, 37, a former U.S. Marine, pleaded guilty in Wilkinson’s 2024 murder. Judge Peter Applegarth sentenced Wilkinson to life imprisonment.
The couple married in 2011 after meeting online and had three children, but Wilkinson broke up with him and accused him of the crime.
Johnston used a 20-litre canister of petrol to burn Wilkinson and then himself, before jumping into Wilkinson’s pool.
“I found that you planned to kill him and then kill yourself; you failed to do so,” Judge Applegarth said during Johnston’s sentencing.
The investigation continues.
national in Australia domestic violence counseling service on 1800 737 732. In the UK, call the national number. domestic violence helpline Call 0808 2000 247 or visit: Aid to Women. The domestic violence hotline in the US is 1-800-799-SAFE (7233). Other international helplines can be reached at: www.befrienders.org.
