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All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/
ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page
“content kindly supplied by Brisbane Times”
10:09am: Court is in session.
Crown prosecutor Todd Fuller QC has turned his attention again to the pressures mounting on Gerard Baden-Clay in the weeks before his wife’s disappearance.
Mr Fuller said Mr Baden-Clay admitted his wife no longer trusted him to marriage counsellor Carmel Ritchie.
“He is there because his wife wants him there. He just wants to get on with his life and wants to wipe the slate clean,” Mr Fuller said.
The Baden-Clays visited Ms Ritchie on Monday, April 16, 2012.
Mrs Baden-Clay disappeared four days later.
10:11am: Mr Fuller said Mr Baden-Clay and his long-time mistress Toni McHugh were still in daily contact in April 2012.
Mr Baden-Clay has claimed Ms McHugh pursued him.
But Mr Fuller pointed to emails Mr Baden-Clay sent to Ms McHugh in April telling her he loved her.
“His responses are completely inconsistent with his claims,” Mr Fuller said.
10:14am: Mr Baden-Clay is seated in the dock wearing a dark suit, yellow tie and glasses.
His sister Olivia Walton and brother Adam Baden-Clay are seated directly behind him in the public gallery.
Mrs Baden-Clay’s parents, Priscilla and Geoff Dickie, are seated on the opposite side of the courtroom with Detective Superintendent Mark Ainsworth who oversaw the police investigation.
10:16am: Earlier, the court heard members of the jury were “approached” on Tuesday.
Justice john Byrne thanked the jurors for bringing the “approach” to his attention and said the Court Sheriff would investigate the matter.
10:23am: Mr Fuller has turned his attention to the phone conversation between Mr Baden-Clay and Ms McHugh on the evening of April 19, 2012.
The pair had a seven minute conversation from 5.03pm and then a 10 minute conversation at 5.15pm.
“Between 5.03pm and about 5.40pm he is taking to Toni McHugh with a couple of interruptions, 30 odd minutes,” Mr Fuller said.
“What sort of things do they talk about? Their days, what they are doing, she knows he’s at the supermarket buying sausages.
“But we know that that’s inflamed once he says, ‘oh there’s something I need to tell you’.”
The court has previously heard Ms McHugh and Mrs Baden-Clay were due to come face-to-face for the first time at a real estate conference the following day.
“He tells you he’s not worried about these two women coming together … but he continues in this conversation to raise it,” Mr Fuller said.
“And even in the words that he uses, ‘two of my employees are going’.
“He doesn’t even have the courage to say straight up that Allison is going to be there tomorrow when he knows that she is going to the conference.”
The court has previously heard Ms McHugh flew into a rage and demanded Mr Baden-Clay tell his wife of the impending run-in.
“You might think that’s a significant pressure on him,” Mr Fuller said.
10:31am: Mr Fuller said Mr Baden-Clay faced having his double life exposed at the run-in between his wife and his love.
“You see he had tried to live without Toni McHugh and he couldn’t do it,” Mr Fuller said.
“When an ultimatum came a second time which choice would he make?”
Mr Fuller said Mr Baden-Clay a choice on April 19. He said Mr Baden-Clay was “either going to be a coward or a fool”, or “the man who makes the decisions in is marriage” and tell his wife of the looming meeting.
“You may think the personal risks to him both professionally and in his own family life were huge,” Mr Fuller said.
He said Mr Baden-Clay’s marriage and circle of friends was at jeopardy, as well as his business.
“You add that to the scratches on his face, the leaves in her hair, the blood in her car,” Mr Fuller said.
10:38am: Mr Fuller said Mr Baden-Clay immediately spoke of his affair when asked about his marriage by police on the morning he reported his wife missing, despite not wanting his family to know.
10:42am: Mr Fuller has examined the first text message Mr Baden-Clay sent his wife on the morning he reported his wife missing.
The text message sent at 6.41am read: “Al, getting concerned. Where are you? The app doesn’t say either? H and S now up. I’m dressed and about to make lunches. Please just text me back or call! Love, G.”
Mr Baden-Clay told police it was not unusual for his wife to take early morning walks.
Mr Fuller noted Mr Baden-Clay did not ask his wife what she would be home from her walk in the text message.
And he noted Mr Baden-Clay made reference to the “Find My Phone” application the couple had installed on their mobile phones.
“Why is that in the text message?” Mr Fuller asked.
10:45am: Mr Fuller said Mr Baden-Clay did not call his wife’s family and friends until 8am.
He called his parents and his close friends first.
10:52am: Mr Fuller has turned his attention to a list of questions in Mrs Baden-Clay’s diary.
The questions relate to Mr Baden-Clay’s affair with Ms McHugh.
“These were rudimentary questions. How many times did you go to the movies? What did you see? Did you kiss and hug?” Mr Fuller said.
Mr Baden-Clay has claimed he and his wife discussed those questions on the night of Wednesday April 18, 2012.
“These questions and the answers that he gave were asked on the 19th, you might think,” Mr Fuller told the jury.
He said Mr Baden-Clay had made passing reference to having a 15 minute conversation on the night of the 19th with his wife in two interviews with police.
The couple had been advised by marriage counsellor Carmel Ritchie to sit for 15 minutes each night to allow Mrs Baden-Clay to air her feelings about the affair.
10:57am: Mr Fuller said Mr Baden-Clay did not call his wife’s parents until 9.51am on the morning she disappeared.
He did not call his wife’s best friend Kerri-Anne Walker until 9.58am.
Mrs Baden-Clay had been missing for three hours by that time.
10:57am: Court has adjourned for a morning tea break and will resume at 11.15am.
11:17am: Court has resumed and Crown prosecutor Todd Fuller has continued his closing address to the jury.
Mr Fuller said Mr Baden-Clay failed to tell police he had argued with his long-time mistress Toni McHugh on the night he last saw his wife.
11:18am: Mr Fuller said he also failed to tell police he contacted Ms McHugh the day after reporting his wife missing.
“This time he tells her he loves her,” Mr Fuller said.
“The man who tells you he tried to break up with her so many times …
“He had throughout his relationship with her manipulated her, you might think.”
11:23am: Mr Fuller said Mr Baden-Clay was a man concerned only for himself.
“It’s all about him, his life, his business, his needs,” he said.
11:26am: Mr Fuller said Mr Baden-Clay was at risk of being exposed a serial adulterer and a failed businessman on the night his wife disappeared.
“The way he was finally exposed in this trial,” Mr Fuller said.
“So you can see what he had to lose ladies and gentleman.
“It wasn’t about the pressures on her, her mental health, her drug use, her wondering off in the middle of the night completely inexplicably.
“This was a man having to deal with the consequences of his own actions, actions over a long period of time.
“Perhaps he felt he had no other choice, no other choice but to take his wife’s life?
“When a decision had to be made, that decision was made.”
11:29am: “Is it highly unusual for him to kill his wife? The Crown says it isn’t because that’s what he did,” Mr Fuller said.
Of the alleged struggle between Mr Baden-Clay and his wife on the night of April 19, 2012, Mr Fuller said: “It was personal, it was close, it was violent.”
11:30am: “He wanted to wipe the slate clean,” Mr Fuller said.
With those words, the prosecution rests.
11:34am: Justice John Byrne has begun his summing up of the case for the jury.
He will direct them on their duties and explain the nature of evidence in a criminal trial and the notion of reasonable doubt.
11:38am: Justice Byrne has advised the jury to decide the case “exclusively upon the evidence”.
“If, outside this courtroom, you have herd or read, or otherwise become aware of information about the events with which this trial is concerned or about the accused, it is of critical importance that you put any such information completely out of your minds,” he said.
“Have regard only to the testimony, the exhibits, and the admissions made here in this courtroom since the trial began.
“Ensure that no external influence plays part in your deliberations.”
11:52am: “In order to convict, you must be satisfied, beyond reasonable doubt, of the elements that made of the offence charged,” Justice Byrne said“As no one claims to have seen the accused kill his wife, this is a circumstantial case.”Circumstantial evidence is evidence of circumstances that can be relied upon not as proving a fact directly but instead pointing it its existence …”It is not necessary that facts be proved by direct evidence.”
12:16pm: Justice Byrne has explained how the jury may convict Gerard Baden-Clay of murder.
“Before you convict the accused of murder, you must be satisfied, beyond reasonable doubt of two distinct matters:
* That he caused the death of his wife; and
* That he did so with an intention to kill her or at least to cause her some grevious bodily harm.
“Neither the prosecution nor the defence contend for manslaughter.”
2:32pm: Court has resumed.
Justice John Byrne has turned his attention to the issue of Mrs Baden-Clay’s history of depression.
2:48pm: Justice Byrne has reviewed the evidence of defence witness forensic psychiatrist Dr Mark Schramm who spoke of the nature of depression and suicide.Dr Schramm said Mrs Baden-Clay may have been on the verge of relapse into her depression, but could not say if she was “actively depressed” at the time of her disappearance.Justice Byrne has also pointed to the evidence of Relationships Australia counsellor Carmel Ritchie who saw Mr and Mrs Baden-Clay on Monday, April 16, 2012.
She recalled Mr Baden-Clay saying: “I want to build a future together, not regressing. I want to get on with life and wipe it clean.”
The prosecutor used those same words to finish his closing address to the jury earlier today.
3:02pm Recap: Earlier, Justice Byrne told the jury it could consider the lessor charge of manslaughter.“You may wish to consider first murder, which is the more serious [charge],” he said.”If you find the accused guilty of murder, you do not need to consider manslaughter.
“But if you find the accused not guilty of murder, then consider the alternative of manslaughter.”
3:03pm: Justice Byrne has recounted the evidence heard at the trial about the blood stain found in the boot of Mrs Baden-Clay’s Holden Captiva.The blood, he said, was matched to Mrs Baden-Clay’s DNA.
3:14pm: Justice Byrne has turned his attention to the injuries which appeared on Mr Baden-Clay’s face on the morning he reported his wife missing.He has recalled the evidence from the forensic experts who testified about the scratches at the trial.* Dr Margaret Stark, a specialist forensic physician, said the “yellowy” injuries on Mr Baden-Clay’s face were “typical of fingernail scratches”.
* Dr Robert Hoskins said the “browny, raggedy-edged” abrasions were “characteristic of fingernail scratches”. In the opinion of Dr Hoskins it was “extremely implausible” that those injuries were caused by Mr Baden-Clay’s razor blade, as he claimed.
Like Dr Stark, Dr Hoskins also found the fingernails on Mrs Baden-Clay’s left hand could have caused the scratches on her husband’s face.
* Forensic medical examiner Dr Leslie Griffiths said the injuries on Mr Baden-Clay’s face resembled “abrasions”, not “cuts or nicks” that a razor blade might cause.
* Forensic physician Professor David Wells, who assessed photographs of the scratches on Mr Baden-Clay’s face said, “I can’t see how a razor blade from that type of razor … could produce that pattern of injuries.
3:22pm: Justice Byrne has turned his attention to the issue of “lies” and the prosecutions allegations that the Mr Baden-Clay lied about how he sustained the scratches on his face.“It would be wrong to approach the case on the basis that, if the accused told lies, he must have killed his wife,” he said.”If you find that what the accused said about injuring himself while shaving was false, still there is more for you to consider.
“Sometimes, where there appears to be a departure from the truth, it may not be possible to say that a deliberate lie has been told …
“If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt.”
3:40pm: Court has resumed.
Justice Byrne has turned his attention to the notion of intent.
“You cannot use his disposal of her body – if that is what he did – as supplying proof of an intention to kill his wife,” he said.
“Before you may use the accused’s conduct as tending to prove an implied admission of either element, you must first be satisfied that the conduct is not explicable on some other, unrelated basis.”
Mr Baden-Clay stepped into the witness box on the 11th day of the trial.
He denied killing his wife and maintained that the injuries on his face were shaving cuts, not fingernail scratches inflicted by his wife.
Homicide detectives, including Superintendent Mark Ainsworth, remain in the front row of the public gallery.
He said he would summarise the closing addresses of the prosecution and defence from 10am tomorrow.
Court has adjourned.
“Content kindly supplied by Brisbane Times”
and the hard working excellent journo
Gerard Baden-Clay murder trial: Prosecutor tells jury of ‘close-up violence’ between couple before wife’s death
The prosecution in the Gerard Baden-Clay murder trial has described a violent struggle during which Allison Baden-Clay left scratches on her husband’s face as she fought for her life.
Prosecutor Todd Fuller told the Supreme Court jury in Brisbane there was “close-up violence” and “there was a struggle and she left her mark on him”.
He was referring to scratches, seen on Baden-Clay’s face in photographs shown to the jury, which the accused had described as shaving cuts.
But the prosecutor said the scratches were typical of fingernail injuries. They were “damning and linking to the act of violence,” he said.
Mr Fuller said the scratches suggested “someone striking out in the only fashion they could” against Baden-Clay.
He said Allison “was overpowered quickly and unable to resist”.
“While he inflicted upon her injuries that caused her death, the lack of injuries to him speaks as much of the nature of the violence used on her as the scratch on the face,” he said.
“It was efficient and effective. What can be in the mind of the person who’s carrying that act out, other than the intended outcome?”
Mr Fuller made his remarks as the prosecution summed up its case against the former real estate agent, who is accused of murdering his wife and dumping her body under a bridge in April 2012.
Baden-Clay has pleaded not guilty.
Mr Fuller said Baden-Clay’s multiple infidelities proved he had the “bravado and confidence” to try to get away with killing his wife.
He said the affairs with more than one colleague showed “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 off”.
Allison had tried to share her husband’s passions and energy and he had repaid her by telling staff that he still loved another woman, Mr Fuller said.
The prosecutor said it was very unlikely Allison walked from her home in Brookfield 13 kilometres to where her body was found at Kholo Creek bridge.
“You can safely assume her body was dumped where it was found, 13 kilometres from her home,” Mr Fuller said.
“She did not fall or jump down there, she was thrown down there.”
The prosecutor said six types of leaves found in Allison’s hair were also found at her home and the only rational conclusion was that her head came into contact with the leaves at her house, perhaps during a struggle while she was unconscious and she was dragged.
Mr Fuller also highlighted blood found in one of the family cars, describing it as a piece of circumstantial evidence that points to violence.
The prosecutor said the strength of the circumstantial case lay in the accumulation of objective facts.
“These facts lead to an inevitable conclusion,” he said.
“The crown says the killing was this man’s reaction to a particular set of circumstances … over time. A set of circumstances which with respect were of his own making.”
The prosecutor’s submissions will be followed by a summation by Justice John Byrne, before the jury retires to consider its verdict.
Earlier, defence lawyer Michael Byrne finished his closing statement to jurors, saying Baden-Clay was not the sort of person who would kill his wife in cold blood.
“He is not the sort of person who would cold-bloodedly kill his wife, nor would he explode in a rage of temper,” Mr Byrne said.
Mr Byrne told the court the cause of Allison’s death could not be determined, leaving open the possibilities she could have drowned, fallen or jumped from a height, or died from alcohol or anti-depressant poisoning.
He said there was a lack of evidence in the prosecution’s case.
“If you are left with a reasonable doubt, it is your duty to acquit,” Mr Byrne said.