Kelly Wilkinson was flagged as a high-risk aggrieved person by both Queensland police and a domestic violence service, but was murdered by her estranged husband days after he was improperly granted bail, an inquest has heard.
The 27-year-old had made rape allegations against Brian Earl Johnston, which should have been treated as “show cause” offences and heard by a magistrate. Instead, Det Sgt Dane Sheraton granted Johnston police bail at Southport station. Days later, on 20 April 2021, Johnston lit Wilkinson on fire and burned her to death at her Gold Coast home.
Det Insp Suzanne Newton, who investigated the police response for ethical standards command, said the decision was “against the Bail Act”. She noted police cannot grant bail in show cause situations; the matter must go before a magistrate. Newton described it as “concerning” that Sheraton both arrested and bailed Johnston, a practice she deemed inappropriate for a large station like Southport, though common in the district.
Wilkinson had contacted police four times before her murder and had a domestic violence order against Johnston. She was flagged as high risk after a police interview on 30 March 2021, and a domestic violence service also referred her as “high risk”. The high-risk assessment was sent to a domestic violence liaison officer, but the file may never have been opened, and Wilkinson never heard from the officer before her death.
On 11 April, Wilkinson reported additional breaches of her protection order at two police stations. At Southport, Const Diana Sovacki noted on her file that she “appeared to be cop shopping”. Neither Sovacki nor Sheraton are scheduled to give evidence; both were disciplined via local management resolution.
Deputy coroner Stephanie Gallager is considering whether the Queensland police response was in line with policy and whether appropriate changes have been made. Johnston, 37, a former US Marine, pleaded guilty to murder in 2024 and was sentenced to life imprisonment.
