Gerard Baden-Clay-How does the Puzzle look on OPPORTUNITY?


Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…

This high profile case has captured the imagination of everybody it seems. From the day Allison went missing,  the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail

So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.

I think any ONE aspect taken in isolation could be seen to be suspicious.

But as one links all the pieces together they start to paint a much bigger picture.

Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.

Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?

Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.

The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS

OPPORTUNITY

Did Gerard have the opportunity to murder his wife? Could of someone else done it? Was he/she  helped in anyway?

PLEASE KEEP ALL DISCUSSION ON THIS THREAD TO THIS SUBJECT ONLY

I will use my discretion and delete irrelevant comments

MOTIVE thread

OPPORTUNITY thread

MEANS thread


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135 thoughts on “Gerard Baden-Clay-How does the Puzzle look on OPPORTUNITY?

  1. Sorry redback but some of your posts have been extremely obsessive.

    You can’t keep referring people back to youtube video footage. You even wanted Miss Marples to paint you a picture of TM, paint you one that made you feel the need to reach through your computer screen and strangle her to death! I’m sorry but thats just sick.

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  2. Mrs Scott…

    You really need to read peoples posts properly…. asking someone to “paint a picture” is like asking them to “pick their brain”…. (you don’t mean obviously mean it)… it is asking for their ideas…

    Wanting to “strangle her” through my computer… was asking for ideas/evidence that would make me want to do that… (but clearly thats not possible right..?)

    In English its called a Figure of Speech……

    its not meant to be offensive… it is simply a way of using and crafting words into sentences… !!!

    For example… calling Robbo a “cop” was not meant to be offensive when everyone was pretending to be amateur sleuths… its in the context of what is being said…

    Read before you comment… not the first (or tenth) time I noticed you have taken offence at simple Figures of Speech….

    Someone used the word “haunted” and you threatened him/her and everyone else without reading the context of the comment it was made…

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  3. I’m not getting into it with you redback. Its still on this computer and I want it gone but have been told to keep it so I’ll leave it at that.

    Sorry but I can’t continue this conversation with you. And if you want to know who alerted Robbo to some of your comments, it was me. I tried to save his backside because you just wouldn’t stop naming politicians. You defamed people in much higher places and its just wrong.

    Enough said on that subject.

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  4. I read somewhere that detectives can often tell whether a murder is random or done by someone close, as in passion murder. People often kill their spouses in a rage and either strangle them in the heat of the moment or repeatedly stab them. A random non rager generally doesn’t need to stab repeatedly. IIRC in the Rowe case the daughter was stabbed repeatedly and in the Sica case Neelma was strangled and I think she was the intended target. Unfortunately the other kids were around ;(

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  5. No doubt about GBC having the opportunity to kill Allison. The last one to see her alive, living in the same house, having motive (finances and new girlfriend/s). But Gerbil Hunting Season’s two posts late on 6th July and early this morning 7th July giving details of the Affadavit’s presented at the bail hearing are telling. The timelines are given for the first time on GBC’s internet searches the night before Allison was last seen alive and again on the morning before calling 000 to report her ‘missing’.

    GBC even voluntarily offers the police attending on 20th April an explanation for the scratches on his face. What he says to them and the way he behaves triggers the initial alarm that something serious has happened to Allison and hence the reason the search is ramped up immediately. Police obtain an order to have the scraches looked at by a forensic medic the day after she’s reported missing.

    But he doesn’t have it done that day, instead goes to 2 GP’s himself on 21st April and asks them to give him copies of the reports, no doubt his own version of events. On the Sunday the police get a second order for him to be examined by the forensic doctor and instead on the way to the appointment he crashes into the Indro bus station. Forensic crash experts attend and report there is no sign of braking at the ‘accident’ site. Fortunately though, being admitted to the Royal Brisbane a detailed description of these scratches are documented. And GBC is denied bail on much of this evidence…

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  6. I understand the accused’s demeanour and appearance were at odds with the “I’ve been asleep all night claim.” He appeared sleep deprived. The attending officers also noticed the distinct smell of cleaning product as they entered the premise. I suspect one of the children may have said something to the effect of “Mummy and Daddy were fighting last night” and this too raised alarm bells. There were rumours police had been called to the BC property previously on account of domestic violence. Even the fact that he raised the 000 so early would have been perceived as a bit strange. Then he appears disinterested in the search and behaves in a manner betraying a consciousness of guilt. The old adage “pride cometh before the fall” is apt here and GBC’s smug self-centred, inflated arrogance was (and will be) his undoing.

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  7. @ SAF 8.21am says –
    “The attending officers also noticed the distinct smell of cleaning product as they entered the premise.”

    That’s very interesting. I hadn’t heard that before. Was the “distinct smell” bleach by any chance?

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  8. I have taken the liberty of copying and pasting Gerbil Hunting Season’s post from July 5th 11.25pm.
    _______________________________________________
    “Some more snippets from The Affidavit, the details of which may have already been revealed, but perhaps not the time line:

    “* On 18 April 2012 at 10.08 pm, the defendant searched “taking the Fifth.” This internet search led to results including ‘self-incrimination.’ This search result was then accessed through the Wikipedia website.

    “The defendant told the police that he and the deceased had had a conversation on the evening of 19 April 2012 (about the infidelity and relationship issues) but would not tell police the exact topics discussed.

    “* On 20 April 2012 at 7.09 am (the day the deceased is reported missing by the defendant) the defendant searched the term self-incrimination on the internet.

    “* On 20 April 2012 at 7.14 am, the defendant attempted to access the Queensland Police service homepage (The defendant did not call ’000′ until 7.15 am after conducting all of these searches).

    “Uniform police officers attended the defendant’s home address at about 8.00 am that morning. Police observed that the defendant had what appeared to be a number of severe scratches marking his face.

    “The defendant volunteered to police, almost immediately that he had cut himself shaving.

    “Uniform police were concerned about the defendant’s comments and appearance.

    “CIB detectives were called to attend.

    “At the time of reporting the deceased missing, the defendant told police that he had had an affair with another woman (Toni McHugh)

    “* On 20 April 2012 at 9.34 am, the defendant searched for psychiatrists in the Brisbane West area.

    “The defendant initially spoke to police on 20 April 2012.

    “This was the only time that the defendant has provided a version of event to police.

    “Other than consenting to a Forensic Procedure Order on 21 April 2012, the defendant has not otherwise cooperated with police in relation to the investigation.

    “The defendant did not assist in the search for the deceased during the period of missing and did not attend the Command Centre set up in the Brookfield area.

    “On Sunday 22 April 2012, police obtained a further Forensic Procedure Order to examine the defendant with the assistance of the Forensic Medical Officer.

    “Immediately prior to attending the police station for examination, the defendant was involved in a single vehicle traffic accident in which his vehicle struck a concrete wall at the Indooroopilly Shopping Centre.

    “The Forensic Crash Unit attended the accident scene.

    “Preliminary opinion by the Forensic Crash Unit indicates that there is no evidence of the defendant’s vehicle braking prior to impact with the wall.

    “The defendant attended the Royal Brisbane Hospital and was examined by the Forensic Medical Officer at that time.

    “Again, medical opinion was that the facial injuries to the defendant were not consistent with shaving cuts and were consistent with scratches.””
    _______________________________________________________

    Makes for interesting reading although I don’t know where GHS came upon this info.
    @ Gerbil Hunting Season
    I hope you don’t mind me re-posting this??

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  9. Have returned to these other threads in the hopes of finding rational discussion

    judgejuryexecutioner: thank you for comments – July 3rd 9.07am, & July 4th at 11.25am & 3.27pm and especially at 3.57pm

    I so know I’ll get thumbs down here … but let’s stay with rational thought.

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  10. Thanks for reposting the GHB post Reality Bites here – it is very interesting indeed. :o

    It is quite remarkable that GBC did not consider traceability when he browsed eg self-incrimination the day before the murder and again shortly thereafter. It seems he was pretty confident no one was going to consider him a suspect soon enough or seriously enough for him to have to worry about this. Misplaced confidence. Must have been a shock to him that in reality his behaviour was so transparent to all.

    It is sad and a great pity that Allison lost the battle that night, but good that she left those scratch marks implicating her killer. He tried his best to avoid the forensic medical officer, seemingly playing for time as much as he could with that staged crash (wonder how the owner of the car feels about this?), maybe hoping the scratches would heal and be less visible by the time they got examined. Didn’t work, did it?

    I don’t know what advice he read about self-incrimination, but it amazes me that for someone who has tried not to implicate himself, he has succeeded in actually doing just that. Maybe he would have been better off without researching the subject….???

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  11. @ RIP Allison

    Yes, these snippets from the affidavit have me hooked!
    I did wonder if the car crash was supposed to produce a few more (serious) injuries and warrant a longer stay in hospital, and as you say thereby delaying the medical examination of his scratches and perhaps giving them time to heal. Fail.
    Or was it an attempt to garner sympathy – that he was so frazzled, distraught, unable to concentrate.

    I look forward to the next instalment from GHS.

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  12. This just in via Gerbil Hunting Season

    “The following represent the remaining parts of the Affidavit that may, or may not, already have been publicised in the media.

    I have capitalised what I believe may be new, but forgive me please if I am offering “stale” information (some is paraphrased and indicated by ……., but all is verbatim):

    “On 30 April 2012….in the Kholo Creek area….Police attended and retrieved the deceased person….The defendant was familiar with the area where the deceased was located HAVING BEEN THE LETTING AGENT FOR A NEARBY PROPERTY FOR A PERIOD OF TIME INCLUDING BEING INVOLVED WITH EVICTIONS AND DISPUTES IN RELATION TO THE PROPERTY WHERE POLICE WERE CALLED.”

    “A post-mortem examination was conducted on the deceased….FINAL RESULTS IN RELATION TO THIS EXAMINATION ARE STILL PENDING.

    “THE CAUSE OF DEATH IS ‘NOT YET DETERMINED.’

    “TO DATE THERE HAS BEEN NO EVIDENCE OF NATURAL CAUSES OF DEATH WITH ALL THE VITAL ORGANS (WITH EXCEPTION OF THE DECOMPOSED BRAIN) BEING NORMAL.

    “Examination of the defendant’s Holden Captiva vehicle….THE QUANTITY OF BLOOD WAS SUFFICIENT THAT THERE WERE TWO RUNS OF BLOOD COMING FROM THE CONTACT POINT TO THE FLOOR OF THE VEHICLE.”

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  13. But wait. . .there’s more
    courtesy of Gerbil Hunting Season

    And the last of my information –

    “Enquiries identified that the deceased had had her hair done…..leaving at 6.30 pm.

    “The hairdresser, Monique Waymouth, was interviewed and stated that the deceased was having her hair done as she was attending a real estate conference the next day.

    “A second hairdresser who was present, Kirsten Woodrow, STATED THAT IT WAS UNUSUAL FROM CONVERSATIONS SHE HAD WITH THE DECEASED ABOUT HAVING HER HAIR DONE FOR THE EVENT, THAT SHE WOULD GO WALKING OR EXERCISING PRIOR TO ATTENDING THE CONFERENCE.”

    And:

    “McHugh told police that the defendant contacted her after the deceased’s disappearance and TOLD HER THAT THEY NEEDED TO “LAY LOW.”

    “The defendant….. maintained contact with her since the deceased’s disappearance including using PAY PHONES, VOICE OVER INTERNET PROTOCOLS AND COVERT EMAIL ACCOUNTS

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  14. Gerbil is going down for long long time …. ““The defendant….. maintained contact with her since the deceased’s disappearance including using PAY PHONES, VOICE OVER INTERNET PROTOCOLS AND COVERT EMAIL ACCOUNTS” How many other family members? I reckon 3 NBC,OW and Ma Skull- she has knowledge …. The first to do the right thing, the Christian thing and confess…. will get the REDUCED SENTENCE! ….Tick Tick Tick! ;-)

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  15. Imagine how IRATE Gerbil, OW and NBC must be that their charade was exposed by TM “doing the right thing” – “McHugh told police that the defendant contacted her after the deceased’s disappearance and TOLD HER THAT THEY NEEDED TO “LAY LOW.”
    This family would murder anyone to cover this up…Sorry Scumbags …Too late ! QPS has your numbers! ;-)

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  16. OPPORTUNITIES for collusion are reducing for the BCs!!

    YES!!!! They are onto the old boy!!!!!!!!!
    Father Nigel has been denied direct access to son – conversations between them on phone or in person will be monitored…. Great – just what was needed – he has done enough damage by collusion already!!!

    He does not want to talk about the 12:30am conversation with his son, he does not get to talk to him ever again in private until after the trial – well done QPS!!!!!
    See http://www.heraldsun.com.au/news/national/gerard-baden-clays-father-nigel-denied-close-contact-with-his-son-at-arthur-gorrie-correctional-centre/story-fncynkc6-1226419500345

    Caterpillar, the Daily Mail story you mentioned is spookily similar!!! Amazing!
    See http://www.dailymail.co.uk/news/article-2169608/Parents-lied-cover-sons-murder-girlfriend-jailed-27-months-each.html
    Great to see the parents in this case, who lied and destroyed evidence were both sentenced to 27 months imprisonment for perverting the course of justice. Could have been longer as far as I am concerned, but at least some.

    I smell something similar happening with the BC’s. They better get their affairs in order. Nigel sped off when BC was arrested, likely to go and remove or destroy some evidence – he was probably concerned about another search.

    And I seem to remember something equally suspicious happened after bail was denied – before QP did their final forensic analysis of the house, the BC’s arrived at their home early evening with many parcels in their boot, offloading them quickly and refusing to speak to the media. They were not Coles bags. I remember seeing a media pic of them in their boot . What was hurriedly brought home here? Very suspicious behaviour indeed!

    I bet they did similar while packing up the GBC home last week – carefully sifted through all their personal belongings and destroying any eveidence. Fortunately I believe there is enough gathered already, so it is not going to help them. It is just infuriating that they are obviously trying so hard to pervert justice. Probably to save their own backsides too….

    It has been pretty obvious form day 1 that the parents have been very involved in the cover-up. It appears as if one or both of them may even have been involved in masterminding the plan and/or assisting in its execution. Sis who happened to ‘coincidentally’ be ‘visiting’ on the fateful date is also not beyond suspicion.

    They have had weeks to collude and destroy evidence, debrief kids on what is allowed to be told and what not (how awful!!). The pendulum now has to swing in the other direction – towards TRUTH and JUSTICE for Allison!!!!
    (Hi, it hopped onto the auto spam mod queue as the message had 2 links…which the filter thinks might be spam, Robbo)

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    • Rip Allison, unless OW’s kids go to a non-state school, I am wondering why she and her kids were visiting during school time at the time Allison went missing. She may well be home-schooling, so I am just throwing out my thoughts here.

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  17. Yea, all very ‘coincidental’ Ozmosis….the entire scenario regarding the family’s involvement and control of the situation seem very suspicious to me….

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  18. I terms of opportunity, i read there was a window of about 12 hours. Given that the eldest daughter should have been tucked up and asleep by 9pm, that narrows it down to 8 or so hours. Plenty of time to do the killing and disposing of poor Allison’s body.

    I just read in The Lounge that Toni said that the murder was planned for a few weeks later than when it actually happened. I think Love G was silently seething, under mounting pressure and thought “it’s now or never”, and went for it.

    If it is true that Toni knew that there was to be a planned murder, then isn’t she an accessory to murder?

    The part I don’t understand, me not being religious, is how his family can cover up for him committing the ultimate sin- MURDER?

    In a religious world where there are cover-ups, paedophilia and ongoing crimes against humanity, I am glad not to be a believer.

    The other thing that surprises me is just how dumb Gerard really is. Like as thick as a plank.

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  19. Dear Moonlight/Ozmosis,

    If OW was visiting her parents at the the time of Allison’s disappearance, then she would have been able to provide babysitting services to the 3 girls when daddy G went on a drive to Kholo.

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  20. Dear Susan,

    Good morning! :D :D :D

    GBC is capable of alleged murder; in my opinion, going on his character and previous actions, he wouldn’t care if he left his girls alone at night. I wouldn’t be surprised if he introduced music at night-time in their rooms to make noise in his pre-meditated scheme.

    Those babies are pawns in his game.

    I think that Olivia didn’t know; however, she suspected in the back of her mind and now has to come to terms with the fact that, to her thinking, it “appears” true. She would reflect on how scheming her brother has always been, how the parents have placed him on a pedestal, and how she has always had to support him in the family unit, and still does so. “What will the neighbours think?”.

    GBC is a cold blooded murderer without a brain in his head, without a conscious, who is totally adrift from any true feelings within his body, except for minimising to the world what he does and to himself and whomever is his latest sex object, who would be fleeting, or not, depending on what she offers. He believes his own lies, and tries to convince others while turning lies into truth as he performs his act.

    It is wrong that he isn’t in with the general population, the only way he’ll learn his lesson is to be involved with real life, as he continues to believe his own horrible reality.

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  21. Hi Moonlight,

    I too agree with you re OW. In fact, i actually don’t think any of the other’s were “hands on” so to speak in the murder, but olesleazyboynige knows a whole lot more and was involved in other ways in the murder- even just the fact he won’t help police speaks volumes.

    The only problem with my theory is who helped Love G move Allison’s body, and the mystery surrounding the face time call? All points to Nige.

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  22. P.s In regards to protected prisoners- the problem with that is other protected ones are either scum bags like him that the general inmates would rip to shreads, or they are really vulnerable prisoners with mental health problems, or are too young and at risk of terrible deeds being done to them (if you know what i mean) to be with the general ones.

    At the end of the day he should be in the general as he is exactly like the rest, and probably worse because most people in gaol are not murderers.

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  23. Dear Susan,

    We agree, :D Nige is the Patriarch of that family; hence why GBC is basically a weak “man” and why OW runs around doing what she is told, wanting to belong, why she is attracted to her husband and his “gentle” personality, looking for the opposite of how she was raised.

    Nige helped, I think, “what will the neighbours think” so they’ll do anything they can to hide behind their “perfect family unit”.
    :D

    It is all terrible, I feel sick to my stomach.

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  24. Talking of neighbours, they are another potential source of useful information to QP, I wonder to what extent they are assisting….???

    I remember neighbours helped hastily transfer parcels from the BC car to their home after bail was denied. With GBC fed, watered and issued with prison clothes, there was no need for them to fetch anything from the GBC home.

    So I wonder what was in the many important parcels which were moved so swiftly before the final forensic examination on the GBC home that evening. Very suspicious….They would not speak to the media at the time, but a photograph or video did get published showing the helpful neighbours assisting in getting these parcels to ‘safety’….

    There neighbours will no doubt knowlingly or unknowingly know a great deal….I wonder if they too are under control and debriefed on what they are allowed to say or not…??? I hope instead they have the courage to tell QP what they know, also re movements of cars on the night of 19/20 April. Time will tell….

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  25. Susan, I believe OW had her own kids with her that visit. These are my thoughts: Nige gets the early hours face time call, everyone else in the house is asleep. He either slips out without saying anything to EBC or he lets her know before he goes. Also the possibility he took EBC with him and she watched the kids while the other two did their dirty work. Hopefully it doesn’t mean GBC took the kids with him in the car. Sickening enough to know the kids were actually home that night.

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  26. I have always thought OW wasn’t involved, and I still feel that way today (call me naive). I just think her religious lifestyle must have some impact/bearing on her actions, and I’d hate to think she’d deliberately lie. I know there are all types who ‘go to church’ with varying levels of spirituality, but OW is the pastor’s wife for crying out loud. . .she at the very least has to be seen to be doing the right thing. How well is your soul, OW??

    As for TMcH rolling over, all I can say is . . .what did it take for you to finally have a conscience? A death?

    Absolutely disgraceful.

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  27. I reckon those NBC parcels may be financial records ….. waiting to be destroyed …. a neighbour handling them would know. …. The plot thickens ;-) …Forensic accountant – go you good thing!

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  28. Hi Angelkim (1:18pm) – yes, in the light of the issue highlighted today this certainly seems possible!! I wonder how much other evidence has been destroyed or removed by them….

    This case reminds me soooo of the Turner case in the UK http://www.dailymail.co.uk/news/article-2169608/Parents-lied-cover-sons-murder-girlfriend-jailed-27-months-each.html?ito=feeds-newsxml . parents got jailed for lying and covering up son’s murder of his girlfriend.

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  29. There is now another ‘serious’ thread now “Gerard Baden-Clay will return to court on September 3, 2012″

    See http://aussiecriminals.com.au/2012/07/09/update-gerard-baden-clay-will-return-to-court-on-september-3-2012/comment-page-1/#comment-44736

    I noticed a few good ‘serious’ posts made in the lounge today, which would have fitted very well onto one of the ‘serious discussion’ threads. I have mentioned them in the new thread – feel free to expand on the topic there if you wish.

    I suspect maybe the 3 serious threads were a bit confusing becuse not everything always fitted in one of the motive, means and opportunity threads exactly.

    How about we start gathering ALL the serious on-topic posts in this new thread now so that we have one ‘serious on-topic’ and one chit-chat thread? That way no one on the serious thread will get frustrated with the chit-chatting, and no one in the lounge will get frustrated by serious posters who do not want to read chit-chat. Sounds like a potential win-win situation to me… hopefully blog heaven :)

    Then we can use the thumbs up and down as they are no doubt intended – constructively – up for ‘great post’ or ‘I agree’; down for ‘didn’t like the idea’ or ‘I disagree’…..without any unnecessary posts to this effect – not to be taken personally of course! Should be sweet….

    Everyone up for this?

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  30. Still looking like a very long wait until we hear what evidence the QPS have, and I am confident it will be watertight when the time comes.
    But surely any dumb crim would know that DNA evidence from under fingernails has to be collected within hours. Then again … who knows what they think in the heat of the moment.
    I trust ABC hands were intact, for the 3 daughters’ sake.
    If immunity has been granted to anyone, it has to be for the alleged involvement of TMH.
    NBC’s alleged involvement, in my opinion, will not be admitted to by him as he believes in “blood ties”- I believe NBC will do anything & everything to protect his son.
    I’d like to think OW has a conflict with that belief.

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  31. Yes interested and RIP Allison i agree. I think OW has shown her true colours…she will go down with them at all costs ….Allison was depressed you know …How dare she!

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  32. I have dreamt and seen aly a lot, yes I’m the one you either believe or hate!

    Three days before she was found I described where her body was, I also said she couldn’t move, her body wouldn’t let her. Spoke of barking dogs, husband unfaithful. Property. And many more coincidences. Even seeing her in the boot of a vehicle, on her left.

    So my last question if she drugged… fireman carried to the vehicle and dumped on her left side, facing the back bumper with a parcel shelf slammed down whilst still a live what’s the chances of bruising on her left. From either. I believe she was still alive when he left the house.

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