Police wrongly granted bail to Gold Coast mum Kelly Wilkinson's murderer, inquest hears

Queensland Police wrongly granted bail to a man charged with the rape of his estranged wife nine days before he brutally murdered her in 2021, a coronial inquest has heard.

Former US Marine Brian Earl Johnston was sentenced to life imprisonment after confessing to violently stabbing Gold Coast mother-of-three Kelly Wilkinson before setting her on fire in April 2021.

A coronial inquest in Southport Coroners Court is examining the interactions Ms Wilkinson and Johnston had with police in the lead-up to her murder.

The opening day of the inquest on Tuesday heard that nine days before he killed Ms Wilkinson, Johnston presented to Southport police station where he was charged with raping her.

Instead of remanding him in custody for the matter to be heard by a magistrate, as required under Queensland's bail act, Johnston was granted "station bail".

Former Ethical Standards Command Detective Inspector Susan Newton, who conducted an internal review of the Queensland Police response to Ms Wilkinson's case, told the court station bail should not have been granted.

"In a show cause situation — they should go through the watch house and go in front of a magistrate," she told the court.

"We can't actually give bail."

The court heard there was no way of knowing if a magistrate would have granted Johnston bail.

Police say 'no further review' necessary

Police were first alerted about Ms Wilkinson's fears for her safety three weeks before she was killed, the inquest heard.

The court was told police were first called to Ms Wilkinson's home after Johnston reported he was concerned about the safety of his children.

But after speaking to Ms Wilkinson, police found she was in fact "the aggrieved in the situation".

A temporary protection order was made preventing Johnston from contacting Ms Wilkinson, which police labelled as "high-risk” domestic violence.

Ms Wilkinson was connected to a domestic violence support service, where she disclosed more concerns about her safety including fear of Johnston in relation to his military background.

The domestic violence service asked police to review Ms Wilkinson's case but they said "no further review was necessary".

The court was told the request, on April 13, 2021, was the last interaction with police on Ms Wilkinson's behalf.

Detective Inspector Newton, who conducted an internal review of the Queensland Police response to Ms Wilkinson's reports, told the court that this was an appropriate response.

"The Gold Coast Criminal Investigation Branch was already in contact with Ms Wilkinson. There were no fresh allegations at the time," she said.

Allegation of 'cop shopping'

The inquest was told that after the protection order was put in place, the "director of a law firm" started texting Ms Wilkinson on Johnston's behalf, seeking to return her car keys and arrange access to the children.

When Ms Wilkinson contacted police, they deemed it was a "technical breach" and it was not in the public interest to investigate because it would not "reach the required standards to make criminal charges".

The court also heard in the week before her death, Ms Wilkinson reported that Johnston had attempted to make contact with the mother-of-three and her family to Southport Police Station.

Ms Wilkinson told an officer she had also made a report at Runaway Bay Police Station.

The court heard the officer left a file note in the police database that said: "It appears she is cop shopping to get the outcome she wants."

Queensland Police did an internal review following Ms Wilkinson's death, which led to disciplinary action against that officer.

The inquest continues.