Gerard Baden-Clay Appeal 7th August 2015

Mountains of stuff on here about the tragic death of Allison by her husband Gerard Baden Clay. To catch up here is a link to posts tagged with Allison below

ALSO feel free to use the menu up top to get the full picture.

Reserved for appeal hearing and discussion

Appeal begins for Gerard Baden-Clay

Lawyers for Gerard Baden-Clay will argue his conviction was ‘unreasonable’

LAWYERS for Gerard Baden-Clay will today argue that his conviction for the murder of his wife Allison Baden-Clay should be quashed on the grounds it was ‘unreasonable’.

12.25pm: The appeal hearing has finished and the three judges have reserved their decision. They will give a written judgement, expected within three months.

12.23pm: Mr Copley, for Baden-Clay, said Allison’s blood in her car could have been from “some innocent incident” on another day.

12.21pm: Justice Catherine Holmes put to Mr Byrne the scenario that there had been an argument between Baden-Clay and his wife and that she had fallen, hit her head and died and that he had panicked.

“What’s wrong with that as a reasonable hypothesis,” Justice Holmes said.

Mr Byrne said the trial judge left murder open to the jury because there was such a long period of denials by Baden-Clay including his lengthy court testimony. Mr Byrne has concluded his arguments and defence barrister Michael Copley is addressing the court again.

12.05pm: Michael Byrne QC, the Acting Director of Public Prosecutions said the evidence suggested it was likely Allison was put in the third row of seating of her Holden Captiva and transported to Kholo Creek Bridge after a fatal attack.

“It’s a short series of dots to connect the proposition he drove her there but it is still not one that needed to be proven beyond reasonable doubt.”

He added that if the jury inferred the blood in her car was from after the fatal attack, it indicated there had been an injury to hide that may have been undetectable due to decomposition.

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court wi

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court with defence lawyer Penny White. Source: News Corp Australia

11.55am: Mr Byrne said the lack of conclusive opinion from experts on the finer scratches did not affect the jury’s ability to reach their verdict.

Moving on to the other defence arguments, Mr Byrne went through some of the key evidence against Baden-Clay.

He said the former real estate agent must have known of the possibility his wife and mistress would meet at a conference they were both to attend on the day he reported her missing.

“There are scratches to his face that were not there on the 19th (the day before she was reported missing).

“There is the leaf litter which is in our submission significant.”

The fact there were six different types of leaf all of which could be found in or adjacent to the couple’s property was a telling feature, he said.

When all the factors were put together, it was not necessary for the Crown to show Baden-Clay moved his wife’s body to the bridge for a murder verdict to be open.

11.44am: Gerard’s defence barrister has concluded his arguments and Michael Byrne QC, the Acting Director of Public Prosecutions, has begun addressing the court about the Crown case.

Mr Byrne, addressing the defence grounds for the appeal, said there had been evidence the broader marks on Baden-Clay’s face were older than the finer injuries.

It was open for the jury to accept the broader marks were from fingernails and the finer marks from a razor at a later time, and to infer Baden-Clay had attempted to disguise the scratch marks.

11.32am: Allison Baden-Clay’s death could have been from an unintentional killing arising out of an argument, making a murder conviction unreasonable, her husband Gerard’s defence barrister has told the court.

The argument could have been related to his affair with former staffer Toni McHugh and may have escalated to violence, resulting in the scratches on Baden-Clay’s face.

He was then left with a “dead wife”, and the situation of people knowing about the affair and his promises to Ms McHugh that he would leave his wife by July 1.

“And he’s panicked,” Mr Copley said.

“A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted.

“The possibility is open that everything he did in the days after the killing was attributable to panic.”

11.22am: Continuing his argument that the verdict was unreasonable, defence barrister Michael Copley said the couple’s daughters had not heard any screaming or fighting on the night and no blood was found in the house.

“There were scratches to his face but the contention is and was those scratches don’t reveal anything at all about the intention that he had when he was engaged in some sort of (altercation) with his wife.”

The scratches revealed only that Allison was “close enough” to inflict them and that there was some sort of altercation.

The “fact the doctor can’t determine the cause of death” was strongly in favour of a conclusion the death was other than intentional.

Prosecutors had argued the scratches were inflicted by Allison in self-defence “fighting for her life”.

But there were other possible explanations including that they were inflicted in anger or in the course of a struggle, Mr Copley said.

There was nothing to show if Alison had scratched her husband at the start or an argument or during the middle, with all possibilities open.

11.13am: The defence says the prosecution had asserted there was an accumulation of pressures on Baden-Clay, including from his long-running affair with his former staffer Toni McHugh.

But the evidence did not support that Baden-Clay was going to leave his wife, Mr Copley said.

“He told his wife in 2010 he no longer loved her. But…he didn’t act on the absence of love.

“He stayed in the marriage.”

The affair with Ms McHugh was discovered in 2011 and Baden-Clay still stayed at the home.

“The notion he was moving towards a departure from his wife is not sustainable.”

Prosecutors had also cited the business pressures on Baden-Clay and the fact he had borrowed money from friends and not paid them back.

“Sure there were financial pressures but my contention … is that hadn’t increased dramatically. That hadn’t changed substantially.”

11am: Baden-Clay’s defence barrister has told the court the murder conviction was unreasonable.

“What evidence was there that elevated the case from an unlawful killing to one of an unintentional killing?” Mr Copley said.

He said a premeditated killing had not been alleged, with prosecutors stating “there was uncharacteristic conduct engaged in by my client”.

There was no evidence of prior violence in the relationship and no evidence either party were abusers of illicit drugs or alcohol, he said.

10.50am: The next element of the appeal was that the jury should have been directed they needed to be satisfied beyond reasonable doubt Baden-Clay put his wife’s body at the creek where she was found, before they could rely on that conduct as capable of proving he killed his wife.

Justice Holmes asked Mr Copley: “How do you get there?”

“Why couldn’t you come to the conclusion he was the killer without needing to know how it was the body arrived at the creek?” Justice Holmes said.

“Why couldn’t he have called someone … to aid him to take the body away?”

Gerard Baden-Clay’s father Nigel arrives at court.

Gerard Baden-Clay’s father Nigel arrives at court. Source: News Corp Australia

10.45am: Before moving on to the other grounds of the appeal, Mr Copley concluded that experts had not agreed definitively that the smaller marks on Baden-Clay’s face were caused at a different time and by a different implement.

The jury had been invited to infer guilt from evidence which had not been established, he said.

“The evil of that is for all we know the leading of that circumstance could have … tipped the balance in favour of a verdict of guilt in the minds of some or all of the members of the jury. We just don’t know.”

10.30am: In terms of the timing of when the facial injuries occurred, an expert gave evidence at the trial that he could not separate the various injuries from photos, Mr Copley said,

“If the experts couldn’t say whether those injuries … had been inflicted at a different time … how could the jury have been capable of resolving (the matter)?”

The prosecution had to show the injuries on Baden-Clay’s face were inflicted at different times and by a different implement, otherwise there wasn’t a disguising element, he said.

Justice Catherine Holmes suggested both sides agreed at trial that the smaller red marks on Baden-Clay’s face were razor marks, as Gerard had said he cut himself shaving.

10:20am: Defence barrister Michael Copley QC opened the appeal by discussing injuries on Baden-Clay’s face.

He said prosecutors left it to the jury to conclude he tried to disguise scratches on his face by making further smaller injuries with a razor, and that this was evidence he had murdered his wife.

He says the evidence didn’t establish that the smaller marks on Baden-Clay’s face were made at a different time than larger scratches.

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers P

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers Peter Shields and Penny White. Source: News Corp Australia

Earlier: At least 150 people have gathered in the public gallery of the Banco court, a half an hour before Gerard Baden-Clay’s appeal.

Geoff and Priscilla Dickie, Allison Baden-Clay’s parents, are in the front row with s large family contingent wearing yellow ribbons.

 Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

The Court of Appeal in Brisbane has reserved its decision on a challenge against Gerard Baden-Clay’s murder conviction.

Lawyers appealing against Baden-Clay’s life sentence, with a 15-year non-parole period, for the murder of his wife Allison Baden-Clay in 2012 today said it was possible he unintentionally killed her.

The appeal decision will be handed down at a later date.

Ms Baden-Clay’s parents, Geoff and Priscilla Dickie, were among the 200 people present in court as legal counsel for the former real estate agent appeal on four grounds, namely that:

  • The verdict of murder was unreasonable;
  • A miscarriage of justice occurred because the jury was not directed on evidence relating to the presence of Allison’s blood in the car;
  • The trial judge erred in law in not directing the jury over evidence relating to the placement of Allison’s body at Kholo Creek;
  • The trial judge also erred in leaving to the jury that Baden-Clay attempted to disguise marks on his face by making razor cuts.

Barrister Michael Copley QC, who alongside high-profile solicitor Peter Shields, was representing Baden-Clay, argued the fourth appeal ground first.

There’re no injuries on the body consistent with an intentional killing.

Michael Copley QC, representing Gerard Baden-Clay

Police had noticed scratches on the right-hand side of Baden-Clay’s face when they visited the family’s rented Brookfield home in response to his triple-0 call in April 2012.

Baden-Clay insisted he had cut himself shaving, but experts told the court during the six-week trial, they were more “typical of fingernail scratches” not “a razor blade injury”.

Mr Copley questioned the crown’s claim that scratches on Baden-Clay’s face were signs of Allison fighting for her life.

He said the scratches revealed that Allison had been close enough to scratch her husband and that their relationship was not in good shape.

But he said the marks did not reveal why she scratched him.

Mr Copley said there were no injuries on Allison’s body consistent with an intentional killing, which he said favoured an unintentional killing.

“A jury could not rationally conclude that he murdered his wife based upon the fact he told a lie about how the injuries were inflicted,” he said.

“There’re no injuries on the body consistent with an intentional killing.”

Earlier in the appeal hearing, Mr Copley argued that experts could not say whether two sets of marks on Baden-Clay’s face occurred at different times or were made by different implements, yet the jury was asked to do so.

“The jury was invited to infer a path of guilt to murder on the basis of conduct the evidence did not establish the appellant engaged in,” Mr Copley said.

Prosecutor Michael Byrne, who was acting for the Crown, said an expert did testify at trial that marks to Baden-Clay’s face were done at different times and open to the jury to consider.

He said medical witnesses were entitled to use their common sense and experience, and jurors were entitled to decide for themselves.

Mr Byrne said a lack of conclusive evidence from the experts was not prohibitive for the jury to act on.

‘No evidence that there had ever been violence between the parties’

In arguing the first point of the appeal, that the verdict of murder was unreasonable, Mr Copley said: “There was no evidence in this case that there had ever been violence between the parties.”

Mr Copley said part of the Crown’s argument at trial was that pressure from Baden-Clay’s mistress contributed to Allison’s death.

He said evidence in regard to Baden-Clay’s intentions concerning his wife and mistress were at best equivocal.

He said the notion that Baden-Clay was moving towards a departure from his wife was not sustainable from evidence at trial.

Mr Copley then moved on to financial pressures.

“Sure there were financial pressures … but they hadn’t increased substantially, they hadn’t changed dramatically,” he said.

Allison Baden-Clay was last seen on April 19, 2012.

Her husband reported her missing the next day, sparking a major police and SES search.

Ten days later her body was found on the banks of the Kholo Creek at Anstead.

Suspicion centred on Baden-Clay but it was not until nearly seven weeks later he was arrested and charged.

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

He remains at Wolston Correctional Centre where he has been since last year’s sentencing.

More on this story:

  • Baden-Clay launches appeal against murder conviction
  • Allison Baden-Clay’s family detail their pain and devastation
  • Allison Baden-Clay murder: family members detail pain and devastation in statements to court

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering his wife Allison in April 2012.

    Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

    Baden-Clay was charged with murdering his wife and interfering with a corpse, pleading not guilty to both charges.

    And so began a month-long trial involving hundreds of witness statements and garnering massive public interest.

    Take a look back at how Allison Baden-Clay’s disappearance and the resulting murder trial unfolded.

    April 20, 2012

    Gerard Baden-Clay calls police about 7:30am to report his wife missing.

    Police seek public help to find 43-year-old Allison Baden-Clay, reported missing since the previous night.

    Authorities say she was last seen at her house on Brookfield Road wearing grey tracksuit pants and a dark top.

    April 22, 2012

    Inspector Mark Laing confirms Gerard Baden-Clay crashed his car into a bus terminal outside Indooroopilly Shopping Centre.

    April 23, 2012

    A major incident room is set up at Indooroopilly police station for investigation into Allison Baden-Clay’s disappearance.

    Her parents make a public appeal for help to find their daughter.

    Allison’s mother Priscilla Dickie makes an emotional plea to the media.

    “Please, please help us to find our dear Allison,” she said.

    Police ask local residents to search their properties for even the smallest piece of information.

    Superintendent Mark Ainsworth says Allison Baden-Clay’s disappearance is being treated as a missing person case; not a criminal investigation.

    He says Gerard Baden-Clay is not a person of interest.

    Allison Baden-Clay’s father Geoff Dickie praises efforts of police and SES in trying to locate his daughter over the previous weekend.

    “We are overwhelmed by the support in trying to locate Allison,” he said.

    “Please help us because there are three beautiful little girls – of Allison’s – wanting to see their mother as soon as possible.”

    April 24, 2012

    Gerard Baden-Clay speaks to the media outside his house.

    “I’m trying to look after my children at the moment, we’ve got three young girls. We really trust that the police are doing everything they can to find my wife,” he said.

    April 26, 2012

    A prayer vigil is held for Allison.

    Reverend Beverley Bell from the Anglican Parish of Kenmore says it is a difficult time for the community.

    “Just not knowing what’s happened and there’s that sense of helplessness; what can we do?” he said.

    Detectives seize bags of material from the Baden-Clay house and Gerard Baden-Clay’s office.

    April 27, 2012

    Brisbane police step up efforts to find Allison Baden-Clay by setting up a mannequin outside her family home at Brookfield.

    The mannequin is wearing clothing similar to what the 43-year-old was in when she was last seen by her husband.

    Emergency crews widen their search area.

    April 28, 2012

    Allison Baden-Clay has been missing for more than a week.

    Police say they still have few leads despite the major investigation.

    Gerard Baden-Clay releases a brief statement to media thanking the public for their support, saying his priority is the welfare of his wife and their three daughters.

    April 30, 2012

    A canoeist discovers a woman’s body on a creek bank under Kholo Bridge Crossing at Anstead in Brisbane’s west, 11 days after Allison Baden-Clay disappeared.

    Police remove the body and confirm they are now treating Allison Baden-Clay’s disappearance as a homicide investigation.

    Investigators wait for formal identification.

    Superintendent Mark Ainsworth says police are taking seriously the possibility that the body belongs to Allison Baden-Clay and her family is notified.

    “They’re devastated. You can’t explain it any other way,” he said.

    Police appeal for information from anyone who may have seen anything in the area the night she disappeared, including either of the family’s cars.

    May 1, 2012

    Police confirm the body found is that of Allison Baden-Clay.

    Superintendent Mark Ainsworth says her death is officially being treated as a murder investigation.

    “At this stage we are looking at an unlawful homicide investigation – we have been looking at that for some time now; we believe it has reached that level some time ago,” he said.

    Gerard Baden-Clay says he is devastated by the loss of his wife.

    In a statement released by his lawyer, Baden-Clay says his primary concern now is the care of his three daughters.

    He says he just wants to provide his children with some stability and normality given the tragic news and despite “the unrelenting media barrage”.

    A few kilometres away at Kenmore, Baden-Clay’s parents emerge from their home and lower their Australian flag to half mast.

    Neighbours do the same before they all hug each other in grief.

    Meanwhile, a SIM card is discovered in bushland near the search area.

    May 2, 2012

    Police say they are confident they will find the killer of Allison Baden-Clay.

    Investigators say a mobile phone SIM card found at the scene has no link to the case.

    Police say a post-mortem examination on the body will determine the next phase of the investigation.

    Gerard Baden-Clay asks the media for privacy and to let police do their investigations.

    May 10, 2012

    Police are stationed at a roundabout near the Baden-Clays’ Brookfield home.

    Police set up a roadblock on Brookfield Road and speak to drivers, hoping to glean information which may help with their investigation.

    Detectives want to hear from anyone driving in the area the night before Allison Baden-Clay was reported missing.

    May 11, 2012

    A funeral service is held at St Paul’s Anglican Church at Ipswich, west of Brisbane.

    Hundreds of mourners come to pay their respects, including Allison’s immediate family and husband Gerard Baden-Clay.

    Her sister Vanessa Fowler says there are still many questions left unanswered about the circumstances surrounding the 43-year-old’s death.

    “We, your family, pledge to you that we will have these questions answered. We will bring you justice because you deserve nothing less,” she said.

    “Allison, your loss has been felt throughout the entire country by people who do not know you.”

    Mourners are asked to donate to an appeal to support the Baden-Clays’ three young daughters.

    The cause of her death remains unknown.

    May 18, 2012

    Police again say they are confident they will make an arrest over her murder, four weeks after she was reported missing by her husband.

    Police say the killing was not random and the killer was known to Allison but they are yet to make an arrest.

    It is believed police are still awaiting autopsy and toxicology results to confirm her cause of death.

    May 25, 2012

    Police say they are continuing to examine a wide range of evidence.

    May 29, 2012

    Detectives investigating receive the toxicology results but will not release them publicly.

    June 13, 2012

    Gerard Baden-Clay talks to police at the Indooroopilly police station for several hours.

    His lawyers say he is expected to be charged with her murder later tonight. They say he is devastated and will vigorously defend the charge.

    Baden-Clay tells police Allison disappeared after going for a late night walk from their home.

    He is remanded in custody, formally interviewed and charged with murder and interfering with a corpse.

    June 14, 2012

    Gerard Baden-Clay appears in Brisbane Magistrates Court charged with murder, about two months after first reporting his wife missing.

    Prosecution grants a forensic order to allow police to obtain a DNA sample from him.

    His lawyers say the charges will be vigorously defended, and lodge a bail application in the Supreme Court.

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

    Gerard Baden-Clay’s bail application begins in the Supreme Court.

    June 22, 2012

    Gerard Baden-Clay loses his bail application in the Supreme Court with Justice David Boddice saying the accused posed a significant flight risk.

    Prosecutor Danny Boyle earlier argued that Baden-Clay had a financial motive for killing his wife and also cited entries in Allison’s journal suggest the couple may have discussed an affair he had been having with a co-worker.

    Mr Baden-Clay’s barrister, Peter Davis SC, says the Crown’s case is circumstantial and weak.

    June 24, 2012

    A fundraiser is held for Baden-Clay’s three daughters.

    Mike Kaye from the Brookfield Uniting Cricket Club says the fundraiser is important to the family.

    “It’s an opportunity for Allison’s parents Geoff and Priscilla and brothers and sisters to thank the community for their support and also for all those who were out there searching,” he said.

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

    Magistrate Chris Callaghan says he is “flabbergasted” upon hearing it will take five months for police to fully examine the financial affairs of Gerard Baden-Clay.

    The court hears there will be 330 statements tendered to the defence but the prosecution says it will not have a forensic accountant’s report until November.

    The prosecution has been ordered to provide most of the brief of evidence to Baden-Clay’s lawyers within six weeks.

    September 3, 2012

    The matter returns to court where Baden-Clay’s lawyers express frustration that prosecutors still have not provided them with all of the witness statements.

    Prosecutor Danny Boyle tells the court 446 witness statements have already been provided to defence team but five statements, described as crucial, remain outstanding.

    The prosecution is ordered to provide outstanding documents by the end of the week.

    September 5, 2012

    A Supreme Court Judge, Justice Glenn Martin, gives Allison’s father Geoffrey James Dickie temporary control of her estate, including her life insurance policy.

    If Baden-Clay is acquitted of his wife’s murder he will resume his role as executor of her will.

    If he is convicted, Allison’s parents will be able to go back to court for a permanent order granting them control of their daughter’s estate.

    December 14, 2012

    Gerard Baden-Clay’s defence lawyer lodges a bail application in Supreme Court for the second time.

    His lawyer argues the Crown case has been weakened by the results of a post-mortem examination.

    They say it shows Allison Baden-Clay had traces of an anti-depressant drug in her blood – leaving open the possibility that she took her own life.

    But Justice Peter Applegarth dismisses the application, ruling there was no material change of circumstances and the strength of Crown case was unaffected by the results.

    February 6, 2013

    The Federal Court orders nearly $800,000 from two life insurance policies for Allison Baden-Clay will be held in trust by the court.

    Justice John Dowsett agrees the court should hold the money until after Gerard Baden-Clay faces trial.

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

    The Crown alleges Baden-Clay killed his wife because he wanted her insurance payouts to clear his debts and to be with his mistress.

    The court hears his wife had suffered from depression and had used medication to cope and that her marriage was troubled.

    Witnesses tell the court about hearing a woman yell the night Allison disappeared.

    A forensic expert says he believes injuries to Gerard Baden-Clay, which were photographed by police after he reported his wife missing, were caused by fingernail scratches.

    Allison’s friend Kerry Anne Walker is the first of more than 40 witnesses to testify.

    Queensland MP Dr Bruce Flegg tells the court he heard a woman scream on the night before Allison was reported missing.

    Speaking outside the court, Dr Flegg explains his decision not to report it to police that night, saying: “There was nothing to suggest it would be a criminal or police related matter.”

    Dr Flegg says he has known Gerard Baden-Clay “for a long time”.

    A senior Queensland Health forensic expert says some of Baden-Clay’s facial injuries may have been scratch marks but says it is possible some were caused by shaving.

    Two former real estate partners testify Baden-Clay was in debt and was warned to leave his wife or mistress or he would lose their business association.

    Queensland Police Service forensic accountant Kelly Beckett tells court Gerard Baden-Clay’s net financial position was about $70,000 and he owed more than $300,000 to family and friends.

    Baden-Clay’s former mistress Toni McHugh tells the court he told her to lay low in the days after his wife’s disappearance and that he could not afford a divorce.

    His lawyer says he is determined to clear his name.

    Outside court, Baden-Clay’s sister Olivia Walton defends her brother after speaking to the media for the first time.

    “Gerard is an innocent man and I’m here because I continue to support him,” she said.

    Outside court, Baden-Clay’s lawyer Darren Mahony says he believes the cross-examination of 40 witnesses went in his client’s favour.

    “We’re of the view that the evidence against Mr Baden-Clay has been significantly weakened by cross-examination during the court process,” he said.

    December 19, 2013

    Supreme Court Justice James Douglas argues marriage counsellor Ms Carmel Ritchie from Relationships Australia should give evidence at a pre-trial hearing about anything said during counselling sessions.

    Ms Ritchie tries to prevent evidence from the sessions being used in court, arguing it is protected by confidentiality provisions of the Family Law Act.

    February 3-4, 2014

    Gerard Baden-Clay’s re-trial hearing begins in Supreme Court.

    The court hears from pathologist Dr Nathan Milne who conducted the autopsy on Allison Baden-Clay.

    Counsellor Carmel Ritchie also gives evidence, saying Allison told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

    Ms Ritchie tells the court Allison spoke of: her husband’s affair with an employee; how she had confronted him when she found out; and he was now honest and taking responsibility.

    Ms Ritchie also speaks of a separate counselling session with Gerard Baden-Clay where they discussed the affair.

    June 2, 2014

    The pre-trial hearing continues.

    The court hears potential jurors will be polled prior to their selection and will be asked:

  1. If they or their immediate family lived in Anstead, Bellbowrie, Brookfield or Chapel Hill in April 2012;
  2. If they have ever contributed funds relating to the disappearance or death of Allison Baden-Clay;
  3. Whether they have ever expressed a view as to the guilt or innocence of Gerard Baden-Clay.
  • June 9, 2014

    A jury of seven men and five women, plus three reserves, is selected.

    June 10, 2014

    The murder trial begins.

    Gerard Baden-Clay officially pleads not guilty in the Supreme Court to murdering his wife more than two years ago.

    Justice John Byrne tells jury members to ignore all media coverage of the case during the next four weeks.

    July 9, 2014

    After a month-long trial, the prosecution and the defence finish wrapping up their final arguments.

    Justice John Byrne begins summing up the case for the jurors.

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

40 thoughts on “Gerard Baden-Clay Appeal 7th August 2015

  1. Thanks for making a special thread Robbo. Cheers, matey.

    I’ve started to work up a page as well for those whom accept astrology.

    What I was pleased to learn was that he had not had any access to his daughters. No visitation, no letters, no nothing. We need this to be his final appeal (although he will have the right to go further if/when this fails) as none of Allison’s life insurance money can be released to support the girl’s further education until all avenues of appeal are exhausted.

    So what can he get out of this appeal? Better working conditions, or a title…

    Liked by 4 people

    • Hi MM…

      Thanks for at least checking in to say so, I so wish we were all on the same board as we see him fall on is sword in a few months.

      I cherish each and every person who ever came here to support the search and subsequent trial in search of justice for this beautiful mum to 3 kids.Maybe we can all gather close to see over the final chapter of this heinous crime. Cheers Robbo

      Your links are and WILL be always welcome here MM any time. There will never be enough ways to get to the truth and you put in a lot of work!

      Liked by 6 people

  2. Does anyone know as yet what grounds GBC is basing his appeal on ?

    I had felt that the Trial niled him, and left no doubts about him being guilty.


    • No major clues yet as to grounds, Dan. But my understanding is that they may raise issues over the judge’s instruction to the jury regarding the facial scratches, or possibly evidence that should have been excluded. We can only wait and see but I was at the trial and there is no doubt in my mind the judge was fair and equitable to both the prosecution and the defense. He’s guilty, no doubt there! But it will depend on what they bring to the table to fight the conviction :-/

      Liked by 4 people

      • Thanks LJC,

        I wonder how he is funding his appeal, I don’t believe he is able to access the Funds from Allisons Policies, and I doubt his friends would be interested in advancing him further funds as he has already burnt them.

        Perhaps Nigel is selling some of the treasures adorning Skull Manor to fund it.

        Liked by 3 people

    • Given that it was somewhere between Possible and Probable that Nigel was implicated in the Disposal of Evidence, perhaps his conscience has kicked in and caused him to sell Skull Manor in last ditch attempt to clear hls sons name.

      Liked by 2 people

  3. Howdy everyone. You don’t think that maybe nbc and encourage are selling up on the legal counsel that gbc will get off so they shifting countries with insurance money? I hope not

    Liked by 1 person

  4. With the appeal looming I thought I’d stop by once more – nice to ‘see’ all you guys back too!

    It is of course hard to understand how someone can be so brazen that in spite of having been exposed as a greedy and callous wife killer, he still has the gall to try one more time to get away with it. Awful!

    It’s a terrible waste of court time and taxpayer money, but if that’s what has to be done to put the final nail into his coffin – then so be it.

    Hopefully soon Allison’s 3 girls will be declared the only beneficiaries of her estate, and everyone can move on with their lives as best they can under the circumstances. Considering he not only killed a beautiful kind loving woman, but also robbed 3 young girls life-long of their mother, GBC can stay in prison for the rest of his natural life IMO.

    Liked by 3 people

  5. Hello dear wonderful people. I decided to drop by in the hopes of seeing familiar faces. So pleased I did . Appeal tomorrow huh? Brazen has no boundaries.
    The strange thing is, the reason I was thinking about all this again was I was thinking about this site, and it being available to discuss “stuff.”
    I had lived with (was married to) a narcissist when I was young and had escaped many years ago, together with my children. I hadn’t recognized that word Narcissist as such until this matter arrived. However, over the years, I had come to be able to recognize a Narcissist pretty quick. Might be a single sentence. They are also very skilled at lies and manipulating matters to their own ends. It was so wonderful to be able to discuss with like minded firstly here, then also websleuths and support for allison site. It was wonderful to share other people’s stories. Regarding GBC, I could smell this rat from a mile off. (Not the full depths of his depravities, and shamelessness, admittedly. More twists than a rattle snake.)
    Without going into too much detail, the narcissist who was once my husband, took his own life last week.
    He had ceased all maintenance payments when the children were very small. He hadn’t even gone out of his way to contact them.
    Believe it or not, he has a sister who has always, and still sticks up for his behaviour. Even in this matter, she is portraying him as a “private person.” And still making excuses for him.
    To the end, the Narcissist was unable to sympathise or empathise with another person. It was as though they were not the slightest bit important. Irrelevant. Own children included.
    He had another character trait. He was arrogant beyond measure. Looked down on others, as lesser morsals.
    This Narcissist was only ever in love with the one person who could meet his expectations. He was in love with himself.
    Thankyou again for allowing me to share and sometimes vent, here among friends.
    Without this site I would have never ever have shared my story with anyone. It was too painful, too intimate, too personal, too embarrassing. And until I started opening up here, I had no idea how many others shared similar stories.

    Liked by 2 people

    • Hello QCL! Thank you so much for sharing your story with us during this journey, it helped those of us who have not had quite such a close brush with a person of this nature to get a better understanding of the callousness involved and what Allison must have gone through. I sure am sorry that you and your children had this experience, but am indeed very happy that you ‘escaped’!
      Such a pity Allison did not! Justice being served is the best that can now being done for her family – I trust it will, and hopefully swiftly.

      Liked by 4 people

      • To dear RIP Allison. Your wonderful words are like a balm.
        Yes, I too am sorry that Allison didn’t escape. She had everything to live for. He was nothing but a loser. He would have thought nothing about using her towards his own gain.
        Many times I felt as though Allison Dicke (Baden Clay) had an on-line Army of Support though this site, also WS and Support Allison site. The support was and is entirely true and genuine. That Support Army appeared to grow in strength size and understanding.
        Narcissism got exposed. Sociopathy got exposed. The cold hard callousness got exposed. The lies, cheating, fraud, shady dealings all got exposed. The insidious natures of these people were exposed.
        All the “I, My, Me” elements got exposed, (especially by his own mouth), when he was brought to tears with his own eloquence. That long boring speech where he was supposed to be the chief character.
        But in the end, GBC fooled nobody. Only himself.
        Perhaps he wagered that with a jury trial, at least one jury member would fall for his guile. Simon Gittany had not fared too well with a Judge only trial, just prior, despite his manipulations.
        The odd thing is, GBC appears to have believed he could get away with murder. And the money.
        Sometimes I think of an utterly circumspect yet dedicated detective, when asked after the trial, “Would you trust Gerard Baden Clay?”
        The dry reply, “I wouldn’t trust Gerard Baden Clay with my dog!”

        Liked by 3 people

    • Hi Queensland Country Lady. Nice to see you again and hope you and yours are all keeping well

      Like you, I had only heard the word ‘Narcissist’ in connection with Narcissus – the one who was in love with his own reflection in the Greek myths. Then, a few years ago, ‘narcissism’ became a thing. And as with you, the penny finally dropped for millions of us who’d suffered at the machinations of narcissists. Before narcissism was known to us, we referred to it as ‘ego’, remember?

      Along with the term ‘narcissism’ came lists of narcissistic characteristics. And finally, we knew what we’d been dealing with. And understood why we’d never had a chance of ‘fixing’ things up for and with our narcissists, no matter how we tried

      A funny and odd thing happened the other week. A woman began to overtake me as I was walking down the road. We began chatting as if we’d known each other for years, for some reason. She followed me home because she was interested in looking at a unit in the estate where I live. One thing led to another and in the end, she didn’t bother going to see the unit, although she and I talked out in the garden for close to an hour

      She told me her husband had died several months earlier. At first, I murmured my sympathies, as you do. Later in the conversation, she said she was delighted he’d died. It sounds outrageous when written down here, but it emerged perfectly naturally in conversation. She said if he hadn’t died when he did, she would most likely have ended up killing herself just to get away from him. He hadn’t slept with her in over 30 years, apparently. No affection. Not even companionship. Yet he followed her if she dared to go out anywhere. And he was addicted to prostitutes and pornography, she said. A lot of their money had gone to brothels all those years. She said that on his death-bed, he finally apologised to her for ‘being such a bad husband’. She said even then, she’d been unable to forgive him and instead had demanded, ‘ How much? How much of our money did you throw away on prostitutes?’ before walking out of the room. She’d planned a civilized parting moment with him, but when it came down to it she went with honesty and to hell with any more pretence

      When she went to collect his death certificate, she said there was another woman in her later years there who was collecting her recently deceased spouse’s death certificate too. The second woman apparently asked the clerk, ‘Can I change my name while I’m here? I want to get rid of his name as soon as possible’. My new friend, upon hearing that, said, ‘ Me too ! I want to get rid of my old bastard’s name as well ‘.
      Both women got to talking and reached the conclusion they’d had their lives wasted by narcissistic husbands.

      My new friend said narcissists become much, much worse as they grow old. So at least you and your children were spared that.

      She is 72, although she looks at least a decade younger. She’s filled with energy and very intelligent. What a force she could have been if not for the destructive, debilitating effects of her poisonous spouse ! It seems so unfair that so many lives should be destroyed by toxic others.

      Don’t be ashamed or embarrassed about what you’ve had to live through. Your own story could be a twin to my own, including his having no contact with the children, no cards, not even acknowledgement of their turning 21. And through it all, his spinster sisters not only stood by him, they encouraged his nastiness and revelled in the damage he did to us. My mother’s another narcissist, still spewing bile at almost 90. And to top it off is my sister — another one and worse than any I’ve met outside movies about serial killers. We get through it though, don’t we — we and our children. We don’t let them destroy us, just as the Dickie family is standing strong and will get Alison’s children through it. Maybe narcissists are sprinkled through the general population as Nature’s handicapping technique? After all, who knows what we might have achieved without the narcissists to hold us back? Maybe Nature doesn’t want us proceeding too far and hobbles us until others catch up? There has to be a reason. But it would be a step too far, wouldn’t it, if we had to tolerate narcissists in the next world as well. I think I’d really toss the dummy if that were to happen, lol

      Nice to ‘see’ you again, Queensland Country Lady (and all the other regulars here). Keep strong, stay funny. And hey — did you see the recent articles about the apples in jars? I’ve had my first ‘go’ and must remember to keep up the experiment. ‘Science’ suggests thoughts have power (as if we weren’t all aware of that) and suggests those interested in proving it should cut an apple in half and pop each half in a separate, sealed jar. One one jar, you could stick a label saying ‘ Love’, and on the other a label saying ‘Hate’. Well, I chose something a bit less emotive and just put ‘P’ for positive on one jar and ‘N’ for negative on the other. Then, with the Positive Apple Jar before me, I thought of all my life’s happy, uplifting experiences. I let ten minutes go by to clear the air and my head and then with the Negative Apple Jar before me, I remembered some of life’s less happy times. Then I apologised to the Negative Apple and explained to it that it was the sacrificial half-apple which was working in a good cause. The article seemed to say basic ‘Love’ and ‘Hate’ thoughts should be beamed at their respective jars, but I chose to be less literal and a bit more creative. Up to the individual

      I keep the apple-jars in a cupboard, rather than explain it to the family. Plus, I thought it would be better to keep the jars out of general circulation, in case they become influenced by the thoughts and emotions of other members of the family

      Will sound nuts to some no doubt, but have to say, I felt very cleansed, light & positive after unburdening on the poor old Negative Apple. For that reason alone, it’s worth it, I think. And a lot cheaper than alternatives (such as keeping things bottled-up or therapy). Anyway, you might feel like giving it a go as an experiment. And let us know the results !


  6. Arms spread wide and hugs all round. Trust everyone is well. We have a legal-eagle in court today, although she expects it just to be legal wrangling.

    As you predicted QCL, what I do elsewhere has grown exponentially. Am ‘in’ the US most days, however keep my Aussie hat on; using a FB group for the researchers to connect and interact.

    Lovely to see y’all… I”ve been in Texas a lot. lol

    Liked by 2 people

  7. Appeal – accidental death??? What the…?
    1. So GBC just ACCIDENTALLY forgot to mention throughout the previous 3 years that he had unintentionally killed his wife and disposed of her body?
    2. He just ACCIDENTALLY forgot to mention Allison not his razor made those very obvious scrsatches on his face? He just ACCIDENTALLY made up caterpillar stories about other marks on his body?
    3. He just ACCIDENTALLY forgot to mention where he (possibly if not probably with assistance?) placed her when the Police enquired about her whereabouts the next day and the entire community was out searching for her for 10 days – a task all except him and his family were interested in doing?
    14. He ACCIDENTALLY forgot to mention what he did with her phone, which just ACCIDENTALLY transmitted from the Brookfield area until its battery ran out, just COINCIDENTALLY keeping the massive search for Allison in this area for a week or so, until DNA evidence against him will have been lost.
    4. He just ACCIDENTALLY became very interested in the topic of ‘pleading the fifth’/self-incrimination, even just before reporting Allison missing?
    5. Allison’s life insurance just COINCIDENTALLY / ACCIDENTALLY nicely covered his massive and insurmountable debt which he had no other way of repaying?
    6. Both GBC and NBC just COINCIDENTALLY / ACCIDENTALLY became very interested in Allion’s life insurance policy, making enquiries in the weeks leading up to her murder.
    7. After her death GBC and NBC just ACCIDENTALLY moved lightning fast to claim her insurance money, just ACCIDENTALLY even before she was formally identified?
    8. In spite of 15 years, 3 children and changing business and financial circumstances, ACCIDENTALLY the only will of Allison’s which could be produced after her death was one drawn up even before their marriage in which Allison named GBC as her sole beneficiary..?
    9. GBC just COINCIDENTALLY / ACCIDENTALLY promised his mistress he would be with her by 1 July 2012.
    10. He remembered to tell everyone what a sound sleeper he was and just ACCIDENTALLY forgot what he heard, saw and especially what he was very busy DOING during the night of 19/20 April 2012?
    11. Allison’s Captiva had just ACCIDENTALLY been cleaned, children’s toys packed in this area, her blood ACCIDENTALLY wiped from some areas, while others were ACCIDENTALLY missed in the dark and/or haste?
    12. NBC was also just COINCIDENTALLY interested in removing the vacuum cleaner and hosepipe from GBC’s property early morning after his daughter in law went missing?
    13. An empty packet of Zoloft was ACCIDENTALLY left on Allison’s dashboard?
    14. He just ACCIDENTALLY forgot all about the truth and scout’s honour?
    15. GBC just ACCIDENTALLY overlooked that the general population including his jury is smart enough to see right through murderous plans and porkies and can recognise a callous, greedy, narcissistic murderer when they see one?

    Liked by 4 people

  8. Hi all ! Here we are again giving this Baden-asshat more attention than he’s worth. Here’s my quick 2 cents after I had a read of the Courier Mail update on the appeal details just now.

    One major flaw I noticed in their appeal was for the judges to consider he could have accidently killed her & the jury didn’t take that into consideration.

    His defense during the trial that was he didn’t kill her (intentionally or unintentionally), he was fast asleep, and she was a depressed mess who went for a walk & died by her own doing or some other party’s doing.

    It’s not reasonable for the jury to have considered that her killed her accidently, because he testified that he didn’t know what happened to her.

    There was just no other verdict to reach than guilty.

    A marriage ending conference the following day, promises the mistress, needing Alison’s insurance payout to pay debts & break even, obvious evidence of choking her out while she fights to free herself (scratches & chest grazing), just to name a few!

    Who is paying for his appeal? Has someone had to sell a house or something lol ;)

    Liked by 4 people

  9. So he forgot to mention over the last 3 years that he accidentally killed his wife, panicked, and hid her body!! Is there no limit to this guy’s ego and dishonesty? What a monumental waste of tax payer dollars and many people’s time. What a slime bag.

    Liked by 2 people

    • Heh heh ! Surprised she didn’t stand up and lambast GBC’s solicitor for daring to suggest her righteous brother was in any way guilty of anything !

      Surprised she has the gall to show her face, let alone trot out the old Purple !


  10. Maybe the scratches on his face came about via a psychotic caterpillar who decided to go on a rampage and attack poor old Gerard!!! Sob Sob Sob.

    Liked by 1 person

  11. Hi all! Nice to see some of our group check in here. My heart just sinks every time I think of what the Dickie family has had to deal with from the entire BC clan. I will never forget Elaine’s total lack of respect at walking out of court room right after their sick and twisted baby boy was convicted of murdering his wife and mother of his three daughters. But I see half of the ‘purple posse’ was in attenance; Olivia. And of course ol bwana himself Nige. I will never ever forget the disdain of this entire BC family. Spoke volumes throughout this case how bizarre they truly are. I almost want to hold my breathe until final decision is passed down. Hope you are all well including you Rob. Hugs, MR.

    Liked by 4 people

  12. Hey all :)
    I’m with you ae…… how can they even consider ‘accidently’. Sheesh…..just stop whining, do your time and stop wasting everyones time……just pathetic!
    Dragging the poor Dickies through this again……mind you, they would hopefully be thinking same……what an idiot!

    Liked by 4 people

  13. Hmmmm Debs….For 3 years this pretender did not say or do anything honest or sincere. He is a USER of people and circumstances, religion likely just one more string in his bow – he will stop at nothing to improve his image, be ‘forgiven’ by religious family/friends …all he wants is to get away with the evil murder he committed. I believe not one word he says and have no doubt he will USE every trick in the book to pull the wool over authorities’ eyes – beware….keep him behind bars where he belongs!

    Liked by 3 people

  14. Hmmm….de ja vu….memories of hospitalisation after driving smack bang into a cement pillar to get only a little bit hurt…..Sporting injury huh? No cars in prison to drive into objects, no aggressive caterpillars, no blunt squiggly edged razors, and no doubt being kept well away from changing light bulbs…….must leave one with limited injury options.
    Hope he was in and out of hospital quickly and is safely back where he belongs.


  15. It is very interesting to note that the defence’s case in GBC’s appeal was based on the proposition that GBC accidentally killed Alison following a confrontation over the prospect of his wife and mistress meeting the following day, after which he panicked, and subsequently lied to the police about the events as part of his panicking.

    This indicates that even his defence team acknowledge that GBC committed the murder, but are just trying to introduce mitigating circumstances in the hope of reducing the degree of culpability, and the resulting sentence.

    I am left wondering if GBC himself agreed to such grounds for appeal, given his doggedness in sticking to ridiculous fabricated explanations relating to incriminating evidence from the outset and right throughout his trilal.

    I do not see how one can base their entire case on a pack of lies, and then when the lies are not accepted as having any credibility, you turn around and say, O’K, O’K, O’K, alright, yes I had told a pack of lies, but don’t worry about that, Alison’s death was just a little accident, and I panicked big time which caused me to tell all of those porky pies, but now that I have fessed up about the porky pies, can we just have you accept that Alison’s death was no more than a minor accident, for which a minor sentence should have been applied.

    I say rther than being reduced, his sentence should be increased significantly on appeal as he is effectively now acknowledging not only that that he did kill Alison, but also that he lied about every aspect of it right throughout the entire investigation and trial.

    Liked by 1 person

    • I agree 100% Dan!!

      He and his family steadfastly lied about every aspect of what really happened that night (although IMO they all knew very well what happened and likely assisted him), whilst to the rest of the population it was crystal clear that he was guilty as sin. In their haughty world view they had no idea that average Joe would see right through them.

      So he supposedly panicked…..and continued to panic and lie at EVERY opportunity incl under oath for 3 1/2 years until it became quite clear that lying was not helping him get away with her murder, nor getting his grubby hands on her insurance money and the only way to try and still achieve this would be to modify the current lie and claim accidental killing? Arrggh! Makes one sick!

      It is beyond belief that he is expecting people to entertain yet another lie! It was very clearly NOT a spur of the moment killing – it was premeditated involving a lot of planning and careful execution, intended to provide him with freedom and close to a $milion to settle his debt. Disgusting.

      I agree Dan – considering the enormous cost he has been to the state having to defend what we have all known to be lies right from the start, not to mention the huge emotional cost to Allison’s family… Gerard Baden Clay indeed deserves a longer sentence!


  16. He left his wife and mother of his children to rot and be picked apart on a mud bank. During that time, he whined, postured, contacted his lover and lied as decent people searched high and low for Alison. He deserves a flogging. He deserves to be manacled to the same spot on which Alison lay and he deserves to be left there to rot in his own filth as a disgusted world tosses dog droppings at him


    • Love your thinking BB. It reminds me of people being placed in Stocks and pelted with eggs etc.

      We could charge the public $ 10.00 a throw raise a fortune for the 3 Girls education and future care.


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