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.

Wilkinson had made rape allegations against Brian Earl Johnston which should have been treated as “show cause” offences and have been heard by a magistrate, the inquest heard.

Instead, Johnston was granted bail by a police officer at Southport station.

Just days later, on 20 April 2021, Wilkinson was lit on fire and burned to death by Johnston at her home on the Gold Coast.

Deputy coroner Stephanie Gallager is hearing 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 for ethical standards command, said the decision to grant Johnston bail was “against the bail act”.

She said police “can’t actually give bail” in a show cause situation.

“They must, should go through the watch house and they go in front of the magistrate,” Newton said.

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Newton said the same officer who arrested Johnston also granted bail and had a third role she couldn’t recall, which she considered “concerning behaviour”.

While that might be an acceptable approach in a rural station with a small number of staff, she said that in the context of the large Southport station it was “not appropriate”.

She said it was a common approach used throughout 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 after a police interview on 30 March 2021. The Gold Coast domestic and family violence prevention service also referred Wilkinson to the police as “high risk” due to immediate risk and safety concerns, and reported incidents of violence.

Gallagher will consider whether the Queensland police service response to Wilkinson’s complaints was in accordance with the policy of the time, and “whether the QPS has made appropriate changes to training, policy and procedure to address any shortcomings identified in respect of DV responses”.

Johnston, 37, a former US Marine, pleaded guilty to Wilkinson’s murder in 2024. Justice Peter Applegarth sentenced him to life in prison.

The pair married in 2011 after meeting online, and had three children, but Wilkinson had separated from him and accused him of offences.

Johnston used a 20 litre jerry can of petrol to set Wilkinson and then himself alight, before jumping in Wilkinson’s pool.

“I find that you intended to kill her, and then kill yourself – something you failed to achieve,” justice Peter Applegarth said at Johnston’s sentencing.

The inquest continues.

In Australia, the national family violence counselling 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 may be found via www.befrienders.org.