Khalid Baker

The case and the trial (2005, 2008)

In 2005, young Australian amateur boxer Khalid Baker accompanied four friends to a party in a converted warehouse in Brunswick, Victoria. The prosecution alleged that around three am, Khalid and his associates engaged in a series of assaults against partygoers. Following these assaults, it is argued that Khalid went out to a landing in the warehouse stairwell. Based on the testimony of seven witnesses on the landing or staircase, and in part from five other witnesses, the prosecution alleged that Khalid, along with his co-accused LM engaged in violent and aggressive fighting with the victim, Albert Snowball. Mr Snowball fell through a full-length window on the landing, sustaining injuries which resulted in his death. The precise circumstances of the fall were unknown, however the acts or act of Khalid and LM were seen as capable of being the legal cause of death. Khalid and LM were jointly tried in the Supreme Court of Victoria. Witnesses gave two versions of events. In the first, Khalid was the main assailant. In the second, LM was solely responsible, whilst Khalid was restrained by partygoers throughout the incident.  

On the evening of the incident, LM admitted in a police interview that he had pushed the deceased. He also made statements to witnesses which were capable of being viewed as an admission of responsibility for the deceased’s fall. However, the rule against hearsay precludes the admission of an out-of-court statement as evidence of the fact asserted in that statement. The statement was thus ruled inadmissible by the trial judge as there was no relevant hearsay exception. In 2008, the Supreme Court convicted Khalid of the murder of Mr Snowball, sentencing him to  seventeen years imprisonment, with a non-parole period of twelve years.  LM was acquitted.  

If you have any information that might help our investigations or where at the party that night please contact us at innocence.initative@rmit.edu.au or at bohii.net. 

The first appeals (2010, 2012)

Khalid had an appeal against conviction rejected by the Victorian Court of Appeal in 2010. A subsequent appeal heard in 2012 was rejected by the High Court who opted not to alter the law in relation to hearsay evidence, preferring to uphold the rules set in Bannon v The Queen [1995]. In accordance with this, the court found that out-of-court confessional statements of LM were inadmissible. See here and here for more detail on the appeal and hearsay evidence.

Petitions for mercy (2012, 2019)

A Petition for Mercy filed in 2012 was denied. In 2019, the Bridge of Hope Innocence Initiative petitioned the Attorney General of Victoria for mercy after Khalid and LM jointly spoke to the media about their story and Khalid’s innocence became overwhelmingly obvious. This petition has been ignored. Petitions to the Attorney General are the “Hail Mary pass” for the wrongfully convicted, rarely successful and often the last available option once appeals are exhausted. The Attorney General doesn’t have to give reasons for a rejection. Nor do they have to review a petition in a timely manner.

Investigations by the Innocence Initiative (2014-current)

The Bridge of Hope Innocence Initiative re-investigated Khalid’s case over numerous years, with our analysis revealing some key discrepancies. These include:  

  • Over fifty potential witnesses who are likely to have attended the party that were not asked to provide their version of the nights events It is possible that eyewitness misidentifications occurred  

  • A lack of consistency in witnesses testimony, both in regard to the events themselves, and in descriptions of the alleged assailants 

  • Key witnesses altered their statements throughout the investigation 

  • Race-based tunnel vision 

  • It is likely that the crime scene was cleaned by the occupants of the warehouse prior to  forensic testing being completed, potentially removing traces of important evidence  

In our opinion, the investigation and subsequent prosecution of Albert Snowball’s murder have likely led to a gross miscarriage of justice and the wrongful conviction of Khalid Baker.  

Media appearances and LM’s admissions (2018-2019)

Khalid has always maintained his innocence. In 2018, after Khalid’s release on parole, LM broke his silence speaking to the Law Report (ABC), stating that “it was not Khalid that did it, 100 per cent it was not him”

and additionally mentioning, to his belief, that it was himself who was last involved with Mr Snowball.

The following year, LM appeared on 60 Minutes reiterating his statement that he “was the last person that was fighting him”. 

Second right of appeal (2022)

In 2019, the Victorian Parliament introduced a second right of appeal for cases where “fresh and compelling” evidence comes to light. There is a difference between “fresh” and “new” evidence; it’s not enough that evidence is available to clear one’s name, it also must not have been reasonably available to the accused at trial. Khalid and his legal team submitted an application for leave to appeal in May of 2022, relying on the multiple admissions made by LM to the media. The Supreme Court of Appeal refused the application for leave to appeal in September 2022. You can read the decision here. We are incredibly disappointed with the Court of Appeal's interpretation of the second right of appeal legislation. The narrow requirements of the legislation don't acknowledge the realities of wrongful convictions.  

In an interview with The Age, our Director Associate Professor Michele Ruyters said: “I just can’t see how they could have arrived at that decision … There has to be a different way of viewing convictions in these kinds of cases." 

Khalid’s dream

Khalids’s ambition has always been to represent Australia as a champion boxer. The day after the fall, Khalid had been due to attend a boxing camp.  

Once he was released on parole, and while still determined to prove his innocence, Khalid immediately returned to the sporting career he had been forced to give up.    

On the 9th of August 2019, less than a year after his release, Khalid won the Victorian Regional Cruiserweight title and now intends to fight for the Australian title. He remains undefeated in his boxing career. 

We ask that you share Khalid’s story and our message with your local member, your work colleagues, family, and friends.  

You can follow Khalid on social media at @khalidbaker87 

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