This is what these last days are about.Who is telling the truth, the facts, the most likely scenarios? WE need to apply this to everything we have heard
All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/
IT is day 16 of the trial of former Brookfield real estate agent Gerard Baden-Clay, 43, who stands accused of murdering his wife Allison Baden-Clay, 43, on April 19, 2012.
Baden-Clay has pleaded not guilty in the Supreme Court in Brisbane.
* Mr Byrne said there are too many gaps in the Crown‘s circumstantial case against his client. He pointed to the lack of forensic evidence linking Mr Baden-Clay to the crime scene at Kholo Creek where his wife’s body was found. He also pointed to the lack of blood in the house and car port.
* Mr Byrne conceded Mr Baden-Clay had been a serial adulterer during his marriage but said his infidelity did not amount to evidence in the case against him.
* The defence again pointed to Mrs Baden-Clay’s history with depression to suggest she stepped out for a walk in the early hours of the morning of April 20, 2012, to “clear her head” and “at some time and for some reason” ended up in the river.
10:12am: Mr Byrne has resumed his closing address to the jury.
He displayed two PowerPoint slides to the court.
The first read: “Gerard Baden-Clay is presumed to be innocent. He may be convicted only if the prosecution establishes that he is guilty of the offence charged.”
The second read: “If you are left with a reasonable doubt about guilty, your duty is to acquit: that is, to find Gerard Baden-Clay not guilty.”
10:28am: The defence rests.
“He had an affair with a women in the office where his father worked,” Mr Fuller said.
“That shows you the level of deception. That shows you the level of bravado.
“He presented a number of faces to a number of different people, right up until his evidence in this trial.”
“Human behaviour … is sometimes inexplicable against the background of the rest of [a person’s] life, because of the pressures or circumstances that people find themselves in.
“It’s not unknown for a person of previous apparent good character to step outside that character and do something that perhaps they never contemplated doing before.
“My friend has spoken about possibilities, opportunities, they happen everyday in our lives.
“We’re programmed from the way that we view the world to have expectations about how somebody should behave.
“But that’s one of the reasons why you’re here. Through your experience of people, of relationships, of behaviours, you see people step outside their characters.
“You have appreciation of how people under pressures sometimes react, because a criminal trial is not a computer program ladies and gentlemen. It’s not about us putting all of the data in, putting it through some algorithm and checking out the result at the end. And the simple reason for that – because it involves people.
“You’re participating in a process to determine if this man here has killed his wife.
“That is, that he unlawfully killed her without a justification, excuse … or authorisation … and that he did it with an intention.”
11:21am: Mr Fuller said Mrs Baden-Clay’s body was dragged part way down the embankment of the creek to a concrete pylon beneath the bridge on Mt Crosby Road.
He said her body was pushed from the concrete ledge.
“Her body was pushed off the ledge and her body fell to where she was,” he said.
“And that’s the position in which she remained …
“She did not end up jumping off there, or falling off there, she was thrown down there.”
“Well ladies and gentlemen, the only way she could have fallen into a depth of water and ended up there, was if she was washed up on the bank,” Mr Fuller said, showing the court a photograph of Mrs Baden-Clay’s body on the muddy creek bank.
“She has not fallen from the bridge to end up in that position unless the water has carried her.”
But Mr Fuller said Dr Milne did not believe Mrs Baden-Clay’s body had been immersed in water.
Dr Milne conducted a post-mortem examination on Mrs Baden-Clay.
“On the surface to so many of these witnesses the Baden-Clays seemed like a perfect couple … ” Mr Fuller said.
“But it was just a facade.
“A facade which had been carried on for a long period of time.
“You might think that inwardly they were very different. Two desperately unhappy people for different reasons. One of them, a woman who had battled for years, for years, to keep her marriage together, despite being told perhaps the cruelest thing that a wife can ever hear from a husband, ‘I don’t love you’.
“And a man, who you might think, was just looking for a way out, living a double life.
“My friend can quite easily say, ‘well the deception was really only the infidelity’. But was it?
“It is not the deception … every day for the three years that Toni McHugh was with him in the office, when he went home for ‘happy hour’ to spend some time with his wife and children, to help Allison through that part of the day, to simply then slink back to be with Toni McHugh at night.
“To conduct an affair in an office where his father was working. And not for the first time. Let’s go back to Michelle Hammond – the woman who worked at the agency next door. Not only his father worked with him at that time, but his mother. That shows you the level of deception.
“It shows you what this man is capable of doing. His level of bravado and confidence in what he can carry out and carry on. He simply presented a number of faces to a number of different people, right up until this evidence in this trial …
“He cried when he told you about the first time he realised he was in love with Allison Baden-Clay, but just think about his reaction when I asked, ‘when was the first time that you told her that you no longer loved her?’
“The Crown says that those roles contributed to the pressures that were building on him and culminated in his acts on the 19th and the early hours of the 20th of April 2012.”
12:10pm: Court has resumed and Mr Fuller has continued his closing address.
Even forensic toxicologist Dr Michael Robertson, who was called by the defence, said the level of the drug found in Mrs Baden-Clay’s body was not consistent with Sertraline-related deaths.
He said a diagnosis should not be relied upon to discredit a person in the face of the treatment a person has received or the medication they have been prescribed.
12:38pm: Mr Fuller said the jury could “safely put to bed” the defence theory that Mrs Baden-Clay was adversely affected by her antidepressant medication Zoloft.
The defence has suggested Mrs Baden-Clay was suffering Serotonin Syndrome prompted by her medication which caused her to become disoriented and possibly hallucinate.
Mr Fuller said Mrs Baden-Clay had managed her depression well and overcome the panic attacks she experienced during her second pregnancy in 2003.
“The panic attacks were linked with her … second pregnancy. Yet that somehow gets turned into 2012 ‘she must have overdosed’,” Mr Fuller said.
“If you exclude drowning, falling, jumping, drug toxicity, what are you left with?”
“You’ll find she was dumped at the creek when she was already dead.”
Mr Fuller said the jury did not have to determine the “mechanism” of Mrs Baden-Clay’s death.
“Only the person who killed her would know that,” he said.
“But it was efficient and effective.
“Effective because it achieved the desired result. Efficient because it didn’t leave any evidence.”
The three young girls slept soundly on the night their father allegedly killed their mother at their Brookfield home.
Mr Baden-Clay told the court sound travelled easily throughout their rented weatherboard home on Brookfield Road.
Mr Fuller pointed to a baby monitor on Mrs Baden-Clay’s bedside table.
“Why do you need a baby monitor if noise travels easily throughout the house?” he asked.
“Her body tells us one more thing and that’s the leaves.”
The court has previously heard six different types of leaves where found entwined in Mrs Baden-Clay’s hair and resting on her jumper. The six species of plants were found growing around the Baden-Clays’ home. Only two species were found in the Kholo Creek area.
“The inextricably link Mrs Baden-Clay to her house and inextricably link her death to her house,” Mr Fulle said.
“All six and no more and no less.
12:59pm: Court has adjourned for lunch and will resume at 2.30pm.
- He set about methodically discrediting the defence’s theories about Mrs Baden-Clay’s death in pointing to evidence to suggest it was unlikely she walked 13 kilometres from her home to take her own life at the Kholo Creek bridge.
- He highlighted the testimony of defence witness Dr Michael Robertson to suggest Mrs Baden-Clay was not suffering adverse affects of her antidepressant mediation Zoloft when she set out for a walk to “clear her heard” in the early hours of April 20, 2012.
- He said forensic pathologist Dr Nathan Milne did not find any injuries on Mrs Baden-Clay’s body to suggest she had fallen from a height.
- He also recalled the evidence of microscopic algae expert Dr Jacob John who did not find evidence in Mrs Baden-Clay’s lungs to suggest she had drowned.
“If you exclude drowning, falling, jumping, drug toxicity, what are you left with?” Mr Fuller asked.
Defence counsel Michael Byrne QC completed his closing address to the jury, saying Mr Baden-Clay was not a cold-blooded murderer.
“Once you have dispassionately, objectively assessed the evidence – the whole of the evidence – you would not and you could not find Gerard Baden-Clay guilty of the murder of his wife,” Mr Byrne said.
“There is no cause of death, there’s no motive that stands to scrutiny, there’s no realistic means of him doing the things the prosecution says were done by him as part of a scenario.”
He has again drawn the jury’s attention to the leaves found in Mrs Baden-Clay’s hair.
“And if her head came into contact with the leaf litter at her house, how is that possible?” he asked.
The court has previously heard six different types of leaves were found entwined in Mrs Baden-Clay’s hair and tangled in the sleeves of her jumper. The six species of plants were found growing around the Baden-Clays’ Brookfield home. Only two species of plants were found in the Kholo Creek area.
“So that’s what connects her to her house, ladies and gentlemen,” Mr Fuller said.
Mr Baden-Clay has maintained the injuries were shaving cuts, but four forensic experts who testified at the trial said the abrasions were more consistent with fingernail scratches.
The real estate agent told police he would usually “shit, shower and shave” each morning. But on the morning he reported his wife missing Mr Baden-Clay said he had showered before shaving because he was in a rush.
“If you have to do the same to things, is it any quicker to do them in reverse order?” Mr Fuller asked the jury.
“Her left hand scratching the right side of his face,” Mr Fuller said.
He said the scratches on Mr Baden-Clay’s face were there “damning”.
“They are damning and link him to the act of violence without any doubt,” he said.
“Now I want to talk about the pressures on Mr Baden-Clay,” Mr Fuller said.
But Mr Fuller said the pressures upon Mr Baden-Clay did not necessarily result in an angry explosion.
He said a person could make a “calm decision” to respond to pressure with an act of violence.
Mr Baden-Clay has denied being under pressure from Ms McHugh and has denied being under significant financial stress at the time of his wife’s disappearance.
“He says there is no tension at all. No issue with his wife at all. Everything was happy,” Mr Fuller said.
“But of course he fails to talk about the conversation he had with Toni McHugh.”
Mr Fuller said Mr Baden-Clay’s responses to questions from police were “scripted to justify his behaviour”.
On one page Mrs Baden-Clay wrote her “Daily Disciplines” which included exercising and drinking water.
On the following page she wrote: “I have a loving marriage with a wonderful relationship with great sex.”
On other pages she wrote lists of gratitudes. She wrote the final list of gratitudes on June 1, 2010.
Gerard and Allison Baden-Clay on their wedding day. Photo: Supplied
4:02pm: The journal reveals the Baden-Clays’ marriage was in trouble just two months later.
On August 23, 2010 Mrs Baden-Clay wrote:
“I would give anything for my partner to make love to me.”
On December 8, 2010 Mrs Baden-Clay wrote:
“If would give anything if my partner would love me and make love to me.”
“I’m afraid of losing my marriage, being a single mum, my marriage failing …
“Maybe I am still harbouring regrets about getting married and did I make the right decision?”
Come 2012, Mr Baden-Clay was promising Ms McHugh he would be with her “unconditionally” from July 1.
“This man was in love with Toni McHugh,” Mr Fuller said.
“This man wanted to be with Toni McHugh. But he was straddling the fence – didn’t have the courage to go, didn’t have the courage to stay. Does that not show the pressure and the place that this man was in come the 19th and 20th of April 2012?”
“She was obviously in love with this man had endured three years of a relationship with him every day that was brought to an end in 2011 … and he refuses to make contact with her.
“Then he comes back into her life and it [the affair] continues, but under different conditions.”
“But she still is gracious enough to give him the out, but he doesn’t take it.”
The court has previously heard Ms McHugh and Mr Baden-Clay met at a Kelvin Grove coffee shop in early 2012.
At the meeting Ms McHugh said: “If you want to be with your wife, be with her.”
Mr Fuller will continue his closing address tomorrow.
Allison Baden-Clay put her husband’s phone on charge at 1.48am and then went for a late night walk “to clear her head” on the day she disappeared, a Supreme Court jury was told yesterday.
Defence barrister Michael Byrne QC in his closing address to the Supreme Court in Brisbane put to the jury that the Brookfield mother-of-three first took a 100mg tablet of the antidepressant Zoloft before leaving the house in her walking clothes.
He said Ms Baden-Clay might have decided to walk out into the night, further than usual, against a background of mental turmoil over her husband’s long-running affair, which they had discussed in detail the previous two nights; the possibility she would run into his mistress at a real estate conference the next day; and her failure to bear him a son.
Mr Byrne said the drugs in Ms Baden-Clay’s system would peak in her blood stream and be absorbed by 4am. He said it was possible, with an increased dose that she experienced disorientation brought on by “serotonin syndrome” or perhaps just the greater than usual aberrant side-effects of Zoloft.
“And some time, for some reason, she ends up in the river,” he said. “The autopsy report can’t rule out drowning, it can’t rule out a possible fall, a jump from the bridge which could have rendered her unconscious, and either drowning or dying in the river.”
He told the jury it was a scenario they might reject, but it was one which they might think was open to them on the evidence.
Gerard Baden-Clay, 43, has pleaded not guilty before Justice John Byrne to murdering his wife and dumping her body 13.5km away at the Kholo Creek Bridge at Anstead on April 19, 2012.
ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page