A murderous husband who doused his estranged wife with gasoline and set her on fire is accused of repeatedly raping her in the months before her gruesome murder.
Brian Earl Johnston was sentenced to life imprisonment this month for the heinous murder of Kelly Wilkinson in the backyard of her home in Arundel on the Gold Coast in 2021.
During the sentencing last week, it was revealed that 37-year-old Johnston faced explosive allegations that he had sexually abused his ex-wife on multiple occasions in the weeks before her death.
He denies this and is fighting the charge, which is being heard in Southport Magistrates Court.
In a brief mention on Friday, the court was informed that Johnston’s defence had requested permission to cross-examine witnesses in the trial.
Aleesha Buckby, counsel for the Crown, said the case would need to be remanded for further preliminary investigation to decide how to pursue the charges.
Johnston was not required to appear from custody during the citation.
The case will be heard again in court on May 17.
Johnston, a former U.S. Marine, is charged with four counts of rape of Ms. Wilkinson.
In court documents, police say all four incidents occurred at the family home on Spikes Circuit in Arundel between February 10 and 13, 2021, including two alleged rapes on February 12.
As part of his bail conditions, Johnston was prohibited from approaching his ex-wife except to discuss matters involving their children.
On March 13, he was sentenced to life imprisonment for murdering 27-year-old Ms Wilkinson on April 20, 2021. Supreme Court Judge Peter Applegarth said Johnston would not be eligible for parole until after 2041.
Members of the Wilkinson family were in the courtroom to watch Johnston’s sentencing, many of them wearing sunflower pins and earrings as a sign of their appreciation.
The Supreme Court was told of the horrific sequence of events that ended with Ms Wilkinson’s murder after the couple married following a whirlwind romance in 2011.
Johnston tried to reconcile with her after Ms Wilkinson left the US for Australia in 2017 and told him not to follow her.
They eventually reconciled and Johnston moved to the family home on the Gold Coast, where he and his wife had a third child.
However, in February 2021, he was finally told to leave. Ms Wilkinson had claimed to family members that Johnston was “abusive and controlling”.
She was so afraid of her ex that she came up with a code word – typing into the family group chat, “I’m thinking about moving back to Ohio” – to let them know she was in trouble.
On the morning of the murder, Johnston approached the house in Arundel dressed in black and wearing a mask. He was carrying a bag full of duct tape, cable ties, a crowbar, a tomahawk axe, a bag of white powder that later turned out to be a tranquilizer, and a bundle of rope.
He also had a 20-litre canister of petrol with him, which he poured over Mrs Wilkinson and himself before setting fire to the fuel.
The couple’s horrified children witnessed the incident. One of the children told police they saw “Daddy being angry,” saying, “Daddy came in and threw Mommy in the fire.”
“The mask, the tape, the knives and the gasoline show us that you had a deliberate plan to arrest and kill her,” Judge Applegarth said in sentencing.
“They obviously wanted to prevent her from appearing as a witness in an ongoing case.
“Maybe you just wanted to kill her because you had lost control of her and thought she should be your property.”
After the verdict, Ms Wilkinson’s sister Danielle Carroll said Johnston had inflicted “a life of immeasurable pain and suffering” on her by killing Ms Wilkinson.
“All she wanted was to love and be loved; all you gave her was pure evil,” she told the media after the verdict was announced.
“You have let in an infinite darkness and my heart aches for it.”
She lamented the prospect of giving Johnston a “second chance” and that he might be eligible for parole in 20 years.
“This is not justice for her, this is not justice for our family and this is not justice for future victims in our community,” Ms Carroll said.
“Our family’s journey does not end today – it will never end.
“That makes me wonder: who really gets a life sentence?”
If you or someone you know is experiencing sexual abuse or family violence, contact:
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National Counselling Service for Sexual Harassment and Domestic Violence, 24-hour hotline 1800 RESPECT At 1800 737 732
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24-hour emergency hotline for accommodation at 1800 800 588
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Safe At Home Helpline at 1800 633 937
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National Violence and Abuse Trauma Counselling and Recovery Service 1800 POINTS (1800 385 578). They also have a dedicated helpline for the LGBTIQA+ community called Rainbow Sexual, Domestic and Family Violence Helpline at 1800 497 212
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SHE (free and confidential advice and support) on 6278 9090
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Support services for victims of sexual assault on 6231 1811or after business hours 6231 1817
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Crisis and support service for domestic violence on 1800 608 122
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Bravehearts – Support for children who have been sexually assaulted 1800 BRAVE 1
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The Kids Helpline is aimed at young people aged 5 to 25. 1800 551 800
Don’t go it alone. Please contact us if you need help. Lifeline At 13 11 14
