In the final frantic days before she was murdered, Kelly Wilkinson visited multiple police stations, warning she was in danger. Official police notes say she was “cop shopping”.
On Wednesday, Wilkinson’s estranged husband, Brian Earl Johnston, a former US Marine, pleaded guilty to her murder. A court has previously heard that Johnston tied Wilkinson to a clothesline and set her on fire on 20 April 2021.
While he awaits sentencing, Johnston’s guilty plea brings his two-year murder case to an end. Now, Wilkinson’s family is pursuing an inquest to examine how the system was unable to protect her, despite clear evidence that Johnston posed a lethal risk. Police have already conceded the case represents a “failure”.
At the beginning of April 2021, police charged Johnston with four serious domestic violence offences against Wilkinson. He was given watch house bail.
In the weeks that followed, Wilkinson attempted to speak to police “almost every day” about her concerns in relation to Johnston, her sister, Natalie Wilkinson told the Gold Coast Bulletin in 2021, including allegations he had breached the conditions of his domestic violence order.
Another sister, Danielle Carroll, said at that time that Kelly had told police, “I am scared for my life, I am scared for my children’s life. We are not safe”.
One day that month, Wilkinson was turned away from the Southport police station on the Gold Coast. Her family says she was told at the station counter there was no one available who could help with a domestic violence matter.
Frustrated at the response, she drove to another police station, about 15 minutes away, at Runaway Bay.
Guardian Australia can reveal that a police “occurrence” report from the time described Wilkinson’s actions – visiting separate police stations – as “cop shopping”. Police said internal investigations have identified “no allegations” in relation to the term.
‘Ultimately it’s a failure. A woman has died’
Two days after Wilkinson was murdered, the Queensland police assistant commissioner in charge of domestic violence responses, Brian Codd, was asked if her death had been preventable.
“Wouldn’t you love to turn back time,” he said.
“It’s important that we examine to what extent it is a systemic failure.
“Ultimately it’s a failure. A woman has died. Somewhere along the line, she had engaged with the system, with us.”
Another domestic violence death a few weeks earlier – the killing of Doreen Langham by her estranged partner – had raised similar concerns.
An inquest into Langham’s death found that the police response to her had been beset by “so many inadequacies” and that her complaints were simply “not properly investigated”.
The two incidents brought about a reckoning – of sorts – for the way police respond to domestic violence reports, helping pave the way for the state’s subsequent commission of inquiry in 2022. They were also remarkably similar.
Langham separated from her “controlling and abusive” partner, Gary Hely, 15 days before she was killed. In that time she had “made more than 20 calls and spoken to at least 16 separate officers” reporting threats and concerns about Hely.
“She reported breaches to the police five times in the week before she was murdered and all but one officer told her to basically go away and don’t come back and just come into the station once a week because you’re coming in too often to report breaches,” criminologist Kerry Carrington told the inquest.
The murder charges against Johnston, who suffered severe burns and was “barely” able to talk for months after the incident, mean the coroner’s court has yet to investigate the response to Wilkinson’s pleas for help. It is unclear yet whether an inquest will be held.
Johnston’s barrister told the court on Wednesday there were “some factual matters that remain contested in relation to the background of the relationship” and it is understood Johnston denied offences for which he was charged in early April 2021, and made subject to a domestic violence order.
Warning signs
Days after Wilkinson was killed, Johnston’s lawyer told reporters that “obviously, no one expected this to happen”.
There were several signs that Johnston posed a potential lethal risk, in addition to Wilkinson’s reports.
Queensland’s Domestic and Family Violence Death Review and Advisory Board has identified separation as a risk factor for domestic and family violence homicides. Separation – or the intent to separate – was identified in more than half of intimate partner killings since 2006.
In 58% of cases, researchers found an underlying history of domestic or family violence prior to a murder – though they say this figure is likely much higher “due to the well-established understanding that victims of domestic and family violence under-report their experiences to formal services”.
Johnston’s history as a military veteran is another clear factor that would heighten the risk to Wilkins. It has been documented that he was suffering from mental health concerns and had disclosed suicidal thoughts to counsellors.
Angela Lynch, a sexual and domestic violence protection advocate, says the simple fact Wilkinson was presenting to police with “high levels of fear” was also relevant to assessing risk.
“The level of risk was high and should have been recognised,” Lynch said.
“The charges against him should have been easily accessible to police to undertake a history check very quickly.”
Lynch said an inquest was needed to highlight “a range of systemic concerns” highlighted by the case, including the decision to grant Johnston bail.
The Queensland Police Service said in a statement that the ethical standards command had conducted an investigation “as a result of a targeted inquiry from the coroner” and that it had identified “no allegations relating to the term ‘cop shopping’.”
The statement said police were implementing recommendations from the Queensland Women’s Safety and Justice taskforce, and the commission of inquiry into the QPS, in relation to domestic and family violence.
“Understanding the dynamics of domestic and family violence and seeking protection or providing safe and effective support to a victim-survivor will ensure victims no longer live in fear of their abuser, and children can grow in healthy family relationships free from abuse and violence,” the statement said.
• In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is affected by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org.
