An inquest into the death of Hannah Clarke has been told a series of red flags displayed by her estranged husband, Rowan Baxter, was not enough to have him locked up, as a video from police body-worn cameras revealed her visibly distraught after Baxter had abducted one of their daughters.
WARNING: This story contains content that readers may find distressing.
The court was told Baxter had once placed Ms Clarke in a martial arts choke hold, engaged in controlling behaviour — such as demanding daily sex and dictating her wardrobe — and was even suspected of being murderous by her best friend.
Baxter had previously assaulted Ms Clarke, abducted her middle child, Laianah, and had spied on Ms Clarke from a tree, the inquest has been told.
He also had suicidal thoughts and previously spoke of having "a plan" to get a rope and drive to the home of a former partner, with whom he had a child, to "do something".
However, police were unable to seek to have Baxter locked up before he murdered Ms Clarke and their three children in a horrific attack that saw him pour petrol inside her car and set it on fire in February 2020, the inquest heard in Brisbane on Monday.
Police officers who had responded to Ms Clarke's complaints and detailed the many red flags that were raised by his behaviour, admitted to the inquest all that was not enough to see him locked up.
Constable Kent told the court she first saw Ms Clarke on December 6, 2019, at the Carina police station.
She said Ms Clarke came into the station, at the urging of her mother, and was considering taking out a domestic violent order (DVO), but was unsure of what constituted domestic violence.
Constable Kent revealed that, initially, what Ms Clarke told her about her estranged husband did not raise red flags, until his insistence on daily sex was revealed..
"I can remember her telling me something that didn't greatly concern me … then she disclosed to me that he made her have sex every night and I thought, 'Ok, now we have got something','' Constable Kent said.
"She said [the sex] was like a chore and she has to do it at the end of the day. "
'A different picture emerged'
Constable Kent said that, initially, the picture painted by Ms Clarke had not included sexual violence but, as she developed a rapport with her, "a different picture emerged".
She said Ms Clarke had yet to disclose her estranged husband's more dangerous behaviour.
Initially, Constable Clarke said, she classified Ms Clarke as being at "medium" risk and implemented a referral process so she could be offered more services.
A few days later, Constable Kent said she spoke to Ms Clarke at the police beat inside Carindale shopping centre, in Brisbane's south, and then realised how fearful she was about possible harm to her children.
She said Ms Clarke had spoken of her estranged husband refusing to let her have the children after going to pick them up.
"He had made Ms Clarke stay at his house talking and talking to try and get her to stay," Constable Kent said.
"This went on for hours and she ended up having to leave the children."
A series of concerning behaviours
Constable Kent confirmed that Ms Clarke moved to take out a domestic violence order application on December 28, 2019, two days after Baxter took their middle child to New South Wales and refused to bring her back.
"Her fear level was high,'' the police officer told the hearing.
"I said to her that this [domestic violence order] was just the first step of one of many and I knew that he would fight it.''
Later, the inquest was told, Baxter showed up at the court hearing with a lawyer "and a barrister of some note".
Constable Kent confirmed she had concerns about Baxter's mental health, being aware that, in May 2019, he had an argument with Ms Clarke and took a hose, saying he was going to kill himself.
She said that, on December 28, police tried to serve a police protection notice on Baxter but he was in NSW with Laianah.
The inquest was also told that, on January 8, a temporary protection order was made with a restraining order, stopping him from coming within 100 metres of where Ms Clarke lived with the children.
When Ms Clarke applied to vary the order, to reinstate the "no contact" aspect on January 20, a magistrate changed the restraining order to only 20 metres from her residence, the inquest was told.
Ms Clarke was living with her parents at the time.
Constable Kent confirmed that, on February 2, she received a text from Ms Clarke, saying, "He's not right in the head, the way he would put me in a choke hold, showing me a jujitsu hold. I was so f***ing scared. I'm strong but not strong enough given half a chance. I have not doubt in my mind."
Ms Clarke also texted Constable Kent, saying she needed to make a will to ensure that, if her estranged husband did kill her, the children did not go to his family.
"I don't want his f***ed-up family raising my kids when I'm dead,'' she said.
Court told Ms Clarke was spied on
The inquest was told Ms Clarke's estranged husband's escalating behaviour bordered on stalking, including that he would "sit in a tree" to monitor Ms Clarke.
Constable Kent confirmed that Ms Clarke had given another affidavit on February 12, raising concerns about him turning up at places where she was, and monitoring her phone.
Asked if there was enough for a stalking charge to be brought against Baxter, Constable Kent said there was "not really enough" evidence.
Constable Kent said she was focused on getting the brief in order so they could get the DVO in place.
She confirmed to the court that she had been the police officer who was warned by Ms Clarke's friend, Nicole Brookes, that Baxter was going to kill Ms Clarke just weeks before the murders.
Last week, Ms Brookes told the inquest that, when she told police about her fears, they said they could not do anything unless he did something.
Constable Kent said she did not remember responding "like that".
However, she confirmed that she was aware of Brooks' concerns, but said they did not go into a statement because "you still need something to back things up", an evidentiary basis.
She said her focus had been on "making sure we got that order".
Constable Kent confirmed that Ms Clarke had sent her a text the night before she was killed.
The text was alerting Constable Kent to the fact that Ms Clarke had received a phone call from Baxter, who was sobbing.
But the inquest was told Constable Kent did not receive the text because she was in an area where her phone did not get service. She only got the text after Ms Clarke had been killed.
The inquest was also told that police had presumed Baxter had deliberately thrown petrol into the back seat of the car over the children Trey, 3, Laianah, 4, and Aaliyah, 6.
Counsel assisting the coroner Dr Jacoba Brasch, QC, said police made no comment on whether this was intentional but could presume this could be the case.
She said this was because petrol residue was found on each of the three children and the fuel canister was located in the back.
