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Peter Greste trial: Al Jazeera journalist found guilty-gets 7 yrs


Most disgusting and crazy verdict ever regarding journalists covering news anywhere EVER in this day and age.

7 bloody years jail for covering the political crisis in Egypt. Take note…Not supporting anyone, just covering like a good professional journo should. I have followed this since his arrest and have been very reluctant to get into international crimes as a whole. But this is an award-winning professional newsman from Australia. 

Greste’s father Juris , his mother Lois and brother Andrew must be devastated.

I have watched every single presser they have done live, showing solidarity, admiration, support, pride, and respect for Egypt yet asking for fairness.

This is all in the absence of proper evidential procedures, lack of legal representation, false video evidence unrelated to the charges the list goes on.

His elderly parents have maintained dignity and respect for the legal process and now surely they have earned the right to DEMAND action rather than request diplomatic action…Outrageous.Australia MUST make INVOKE all sanctions available against Egypt

Peter Greste trial: Al Jazeera journalist found guilty

Updated 4 minutes ago

Australian journalist Peter Greste and his Al Jazeera colleagues have been found guilty by an Egypt court of spreading false news and supporting the blacklisted Muslim Brotherhood.

Greste and Mohamed Fahmy were sentenced to seven years in jail by a judge and Baher Mohamed was sentenced to 10 years. Three other journalists who were tried in absentia were handed 10-year sentences.

Middle East correspondent Hayden Cooper was in court for the verdict and said there was a look of despair on his brother Andrew Greste’s face.

Greste, along with his colleagues Fahmy and Mohamed, had been in detention since their arrest in late December.

Prosecutors were demanding the maximum penalty of between 15 and 20 years in jail for Greste and his co-accused.

Greste and his colleagues are among a group of 20 journalists charged by the Egyptian government in a case that has triggered international outrage about press freedom in Egypt.

Of that group, 16 are Egyptians accused with joining the Brotherhood, which was designated a terrorist organisation in the wake of the army ousting elected president Mohamed Morsi last July.

Prime Minister Tony Abbott appealed to Egypt’s new president, Abdel Fattah al-Sisi, to release Greste earlier today, saying the journalist was reporting on the Muslim Brotherhood not assisting them.

Peter Greste profile: Career of a foreign correspondent

Updated 3 minutes ago

An Egyptian court has sentenced Australian journalist Peter Greste to seven years in jail for collaborating with the banned Muslim brotherhood.

His two Al Jazeera colleagues, Mohamed Fahmy and Baher Mohamed, were sentenced to seven and 10 years respectively.

Greste and his colleagues were arrested in December last year on suspicion of illegally broadcasting news and harming “domestic security”.

The arrest, trial and judgment is the most recent chapter in the foreign correspondent’s career spanning more than 25 years.

Born in 1965, Greste spent his early years in Sydney before moving to Queensland at the age of 12 with parents Juris and Lois, and younger brothers Andrew and Mike.

His parents say a Rotary exchange trip to South Africa after high school triggered Greste’s interest in cultures, languages and travel.

He returned to Brisbane to study and graduated with a Bachelor of Journalism from the Queensland University of Technology in 1986.

In an interview with ABC’s Correspondents Report in 2005, Greste spoke of his admiration for Australian cameraman Neil Davis, who died in a coup in Thailand in 1985.

“Davis’s biography [was] the book that inspired me to leave home and become a foreign correspondent in the first place,” Greste said.

“He was, without doubt, one of the bravest and yet most cautious of men in this business awash with far too many cowboys and fools.”

From Brisbane to the Balkans

Greste launched his journalism career in regional Victoria before gaining further experience in Adelaide and Darwin.

He left Australia in 1991 to pursue his dream of becoming a foreign correspondent, working as a freelancer for Reuters TV, CNN, WTN and the BBC.

 

On assignment for the BBC in 1995, Greste worked as the Kabul correspondent covering the emergence of the Taliban.

After the September 11 attacks in 2001, he returned to Afghanistan to cover the war before continuing his work across the Middle East, Central Asia and Latin America.

In 2004, Greste relocated to Mombasa in Kenya, where he worked as a freelance journalist and photographer.

During his time in Kenya, Greste reported on the unlikely friendship between an orphaned baby hippo and a 130-year-old giant tortoise, which led to a children’s book.

In a 2011 interview with Ryan Kohls, Greste described his passion for photography.

“I write because I need to write for work. I enjoy it, obviously, or I wouldn’t do it,” he said.

“I get a lot more satisfaction out of the creativity of taking pictures.”

No stranger to tragedy

On assignment for BBC in 2005, Greste witnessed the death of his producer Kate Peyton, who was shot in the back while they were both standing outside a hotel in the Somali capital, Mogadishu.

Greste reflected on Peyton’s death in an interview with the ABC’s Correspondents Report:

I was with her when she was shot.

We were working together on the story, just the two of us, and we both knew what we were getting into.

It was a risk we both judged to be worth taking, if only because so few reporters have been into Somalia in the past decade, and nobody can hope to make a considered judgment of either Africa or Islamic extremism without understanding why that country has remained so anarchic.

So when I’m asked, “Who cares what happens in a dusty poverty-stricken, anarchic backwater on a corner of Africa?” the answer is as simple as it is obvious: Kate Peyton cared.

He returned to Somalia in 2011 to film a BBC documentary about life in the war-ravaged nation, which won a prestigious Peabody Award.

For the past nine years he has worked as a correspondent for Al Jazeera in Africa, covering the Horn of Africa, Kenya, Tanzania and the Great Lake states.

‘Journalists are never supposed to become the story’

Greste left his home in Nairobi in December for a three-week stint in the Egyptian capital.

“This assignment to Cairo had been relatively routine – an opportunity to get to know Egyptian politics a little better,” he wrote from his prison cell in a piece published on his Al Jazeera blog.

Peter Greste

  • Born in Sydney in 1965
  • Graduated from Queensland University of Technology in 1986
  • Worked internationally for BBC, Reuters, CNN, WTN, Al Jazeera
  • Covered emergence of the Taliban and post-9/11 war in Afghanistan
  • Won 2011 Peabody Award for documentary Somalia: Land of Anarchy
  • Correspondent for Al Jazeera in Africa since 2005 covering Horn of Africa, Kenya, Tanzania and the Great Lake states

“But with only three weeks on the ground, [there was] hardly time to do anything other than tread water.”

Admitting he has produced work in the past that “involved lots of detailed investigation, considerable risk, and not a small amount of sweat”, Greste says this assignment was not one of those occasions.

Greste describes the Egyptian story as a “routine body of reporting on the political drama unfolding around us”, but he and two colleagues, Mohamed Fahmy and Baher Mohamed, found themselves at the centre of the international news landscape after their arrests on December 29.

“Journalists are never supposed to become the story,” he said.

“I had been in Cairo only two weeks before interior ministry agents burst through the door of my hotel room.

“I was at first genuinely confused and later even a little annoyed that it wasn’t for some more significant slight.”

Press freedom under question

Greste says he initially sought to fight his imprisonment “quietly from within”, but decided that was a “dangerous decision”.

“It validates an attack, not just on me and my two colleagues, but on freedom of speech across Egypt,” he wrote.

Greste’s search for “accuracy, fairness and balance” in his Egyptian reporting led him to the banned Muslim Brotherhood.

“How do you accurately and fairly report on Egypt’s ongoing political struggle without talking to everyone involved?” he wrote.

“We had been doing exactly as any responsible, professional journalist would – recording and trying to make sense of the unfolding events with all the accuracy, fairness and balance that our imperfect trade demands.”

The plight of the journalist and his colleagues has been met with support from international press.

In an open letter published by The Guardian, Greste has been described by BBC director of news and current affairs James Harding as a journalist of integrity.

The letter, co-signed by executives from international news organisations, calls for the journalist’s release.

“We know Peter Greste to be a fine, upstanding correspondent who has proved his impartiality over many years,” the letter said.

Peter Greste trial: Family strong in face of ‘psychological torture’

Posted 15 minutes ago

The seven-year sentence given to Peter Greste in Egypt marks yet another chapter in the “torturous” ordeal facing the Australian journalist’s family.

The despair on the face of Andrew Greste told the story, as the judge convicted his brother of collaborating with the banned Muslim Brotherhood.

Peter Greste’s two Al Jazeera colleagues, Mohamed Fahmy and Baher Mohamed, were also convicted and sentenced to seven and 10 years in jail respectively.

The Greste family will now be forced to come to grips with the situation confronting them after months of uncertainty surrounding the foreign correspondent’s fate.

Greste’s mother Lois once described him as a “strong character”, but the resilience of the entire family has been on display since his arrest in late December.

Since Greste’s jailing in Egypt, his Queensland-based parents, Juris and Lois, have spoken often about their son’s plight and drawn on the strength of their supporters.

Greste and his Al Jazeera English colleagues were accused of spreading false news and aiding the Muslim Brotherhood. All three denied the charges.

Despite the difficult circumstances facing them, Juris and Lois have volunteered their voices to their son’s campaign.

“You find strength and skills that you never knew you had, and dare I say we’re drawing on each other and capabilities that we’ve never had to call upon,” Juris Greste previously told 7.30.

Lois Greste has also credited the Australian public with helping to get the family through the ordeal.

“It has been tremendous, otherwise truly we wouldn’t have been able to keep ourselves together and maintain the very intense campaign that this has turned into,” she said.

Greste’s brothers, Mike and Andrew, have both spent stints in Cairo offering support to their brother during the trial process.

Earlier this month, Mike Greste told AM the family was trying to keep its feelings in check.

“You just don’t have any expectations, it’s safer that way,” he said.

“I guess in some ways … it’s a shock to fear or think that they’re asking for the maximum [sentence] and that’s what Peter might receive.”

Trial process ‘a form of psychological torture’

But the long, drawn-out process has taken its toll on the family.

In April, a day after Greste was denied bail for the second time, Juris Greste spoke about the pain his son’s ongoing detention was causing the family.

“I don’t want to start debates about torture, what is torture, but really, this process is a form of psychological torture to the extended family,” he said.

“I don’t want to blow it out of all proportion, but it makes it look so painfully, so excruciatingly unnecessary.”

I am really amazed at how dignified they (the family) have been.

John Sneddon, Queensland lawyer

 

In March, Andrew Greste expressed his frustration at how long the process was taking, saying it was “tough” to leave his brother and return to Australia.

“There was a certain amount of regret and sadness that I left Cairo on my own because obviously I was hoping to be able to walk out of there together,” he said.

But the family’s poise in the face of adversity has been a constant throughout the ordeal.

Queensland lawyer John Sneddon, who represented Australian businessman Marcus Lee after he was charged with fraud in Dubai, praised the way Greste’s family handled the situation.

“I think everything the family is doing is correct,” he told ABC 612 Brisbane.

“I take my hat off to them. I think they are handling the matter very well.

“I am really amazed at how dignified they have been.”

A timeline of escalation: Al Jazeera in Egypt

Updated 1 hour 56 minutes ago

Since the military coup of July 2013, Al Jazeera says its staff have been subjected to systematic attacks, intimidation, arrests and confiscation of property.

June 28, 2013

Cameraman Mohammad Farhat is hospitalised for two weeks after being beaten by pro-regime “Baltagiya” gangs.

July 3, 2013

Egyptian authorities raid offices of Al Jazeera’s “Mubasher Misr” Arabic language channel and 28 employees are arrested.

All staff are released after six hours, with the exception of executive Ayman Gaballah, who is held for four days and released on bail.

Police also raid separate offices of Al Jazeera Arabic and a crew is detained in the bureau for six hours, while broadcast engineer Ahmad Hassan is imprisoned for four days.

Egypt Bureau chief Abdel Fattah Fayed is detained, and according to Al Jazeera, charged with “running an unlicensed satellite channel and transmitting news that could compromise Egypt’s national security”.

Fayad is released on bail.

July 12, 2013

Five Al Jazeera crew members are detained in Suez while reporting protests. They are detained by the military for “a few hours” before being released.

July 15, 2013

Cameraman Mohammad Badr is arrested.

August 14, 2013

 

Cameraman Mohammad El-Zaki is shot and wounded by snipers while covering protests at Cairo’s Rabaa Al-Adaweya Square.

Correspondent Abdullah Al-Shamy is arrested and detained.

Crew members Emadeldin Elsayed and Almuwahed Bellah are detained, beaten and have their equipment seized after covering a security forces crackdown on a pro-Morsi camp. They are later released.

August 27, 2013

Correspondent for the Al Jazeera English channel, Wayne Hay, cameraman Adil Bradlow, producers Russ Finn and Baher Mohamed are detained in Cairo.

Baher is released after two days. The others are deported to Britain after five days in custody.

 

August 2013

Al Jazeera English cameraman Mahdi Fattaouh and his driver are detained for a few hours and have their equipment confiscated while covering demonstrations.

August 29, 2013

Executive producer Shihab El-Ddin Shaarawi is detained for two days.

September 1, 2013

Account manager Mostafa Hawwa is detained in Cairo for a day.

December 29, 2013

Al Jazeera English correspondent Peter Greste, producers Mohamed Fahmy and Baher Mohamed, and cameraman Mohamed Fawzy are arrested.

The arrests occur during a National Security Service raid on their makeshift bureau in a Cairo hotel and their equipment is confiscated.

Foreign Affairs Minister Julie Bishop says the Australian Government is doing all it can to help Greste.

“Officials in Cairo have been contacted and they are providing direct consular assistance to him,” she said.

 

December 31, 2013

Cameraman Mohamed Fawzy is released but Greste, Fahmy and Mohamed remain in detention.

The detainees are accused of having links to a “terrorist organisation”, portraying Egypt in state of civil war, “airing false news” and working without a permit.

January 21, 2014

Al Jazeera Arabic correspondent Abdullah Al-Shamy, who has been in detention since August, begins a hunger strike.

February 4, 2014

Cameraman Mohammad Badr is acquitted of all charges and released.

April, 2014

Abdullah Al-Shamy is joined on a hunger strike by his wife.

May, 2014

Al Jazeera files Notice of Dispute against Egypt for breaching a 1999 investment treaty with Qatar, seeking $US150 million in compensation for the mistreatment of Al Jazeera journalists.

June, 2014

In a surprise development, Egypt’s public prosecutor orders the release of Abdullah Al-Shamy, who has been on hunger strike for more than 130 days in protest over his detention.

“I have won. Everyone who is a freedom fighter or a journalist doing his work credibly and honestly has won,” Al Jazeera quotes him as saying.

“I missed my freedom, I missed my life. My life stopped on August 14 at 6pm when I was moved to a place I did not wish to be.

“It is important to mention that this is only the beginning. I am more determined to carry on this struggle than before.”

Al-Shamy’s release comes 307 days after his arrest.

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Gerard Baden-Clay Trial-Day 8


There will be no court sittings on Monday as the jury is being taken out to the bridge where Allison’s body was found and to the former Baden-Clay residence. The trial will resume at 10:00am on Tuesday.

The Allison Baden-Clay Murder

The Allison Baden-Clay Murder

 

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

There will be no court sittings on Monday as the jury is being taken out to the bridge where Allison’s body was found and to the former Baden-Clay residence. The trial will resume at 10:00am on Tuesday.

For an exclusive look at the sites the jury maybe looking at today head over to our Very Own photographer “GerryRocks” snaps here folks

The trial resumes on Tuesday 10am folks

Baden-Clay murder trial: Jury to see site where Allison’s body found

Updated 33 minutes ago

The murder trial of Gerard Baden-Clay trial has headed to Kholo Creek Bridge at Anstead in Brisbane’s west, where Allison Baden-Clay’s body was found in April 2012.

Baden-Clay, 43, a former real estate agent, has pleaded not guilty in the Supreme Court to killing his wife.

The body of the mother of three was found on a creek bank under the bridge, about 10 kilometres from the couple’s Brookfield home.

The bridge area will be cordoned off while the scene is viewed by the judge, jury and lawyers from both sides.

Jurors will be given a booklet of maps and photographs to compare with the scene and will be asked to take note of the distance between the bridge itself and down to the lower bank of Kholo Creek Bridge.

Jurors will spend about 45 minutes at the bridge.

They will be asked to look at the side access to the creek, as well as the creek itself.

They will then be escorted to Brookfield to look at the home where the Baden-Clays used to live in April 2012.

At the house, jurors will be asked to have a look at specific areas like the carport, the driveway, as well as where the bedrooms are in the house.

After that, jurors will also be driven around the neighbourhood and the bailiff will be pointing out to the jurors specific homes of neighbours.

There are neighbours who have given evidence during the trial about what they heard on the night before Allison was reported missing by her husband.

Justice Michael Byrne has told the jury the tour is not evidence, but will help them understand and interpret evidence.

He also warned jurors there is a memorial at Kholo Creek Bridge to Allison that was not there in April 2012.

Please note none of these photos maybe copied, shared, downloaded without obtaining my express permission. Any breach of this is a breach of copyright, i have no hesitation in pursuing any such breaches! All photos registered to member gerryrocks

Please note none of these photos maybe copied, shared, downloaded without obtaining my express permission. Any breach of this is a breach of copyright, i have no hesitation in pursuing any such breaches! All photos registered to member gerryrocks

Justice Byrne has told the jurors to simply ignore it and not to go near it.

Baden-Clay will not be attending.

Gerard Baden-Clay trial: Jury visits home, creek and bridge

June 23, 2014 – 3:37PM

Marissa Calligeros

Baden-Clay jury views creek

The 12 jurors involved in the Gerard Baden-Clay murder trial view Kholo creek where Allison Baden-Clay’s body was found and the Baden-Clay home on Monday.

The jury in the trial of accused wife killer Gerard Baden-Clay arrived at his former Brisbane home to find it a construction site on Monday.

The seven men and five women of the jury, as well as three reserve jurors, arrived at the alleged crime scene on Brookfield Road, Brookfield, about noon.

Mr Baden-Clay is accused of killing his wife Allison at the Brookfield Road property on April 19, 2012, and dumping her body on the muddy banks of Kholo Creek at Anstead.

The 43-year-old former real estate agent has pleaded not guilty to murder in the Supreme Court.

The jurors quietly filed into the former Baden-Clay home, where they were asked to take note of the driveway, carport, garage and location of the bedrooms, bathrooms, dining room, rear patio and garden.

However, the house has markedly changed since it was home to the Baden-Clays and their three daughters.

Allison Baden-Clay's body was found under the Kholo Creek bridge.Allison Baden-Clay’s body was found under the Kholo Creek bridge. Photo: Court Exhibit

A faded plastic bunch of yellow flowers and a plastic wreath hanging on the front chain wire fence were the only signs the house once belonged to the young family.

The once blue and white weatherboard property has been painted yellow and is now under renovation.

The site was crawling with tradesman on Monday, although work stopped temporarily for the jury’s visit.

It is understood the property will become a kindergarten, connected to the neighbouring childcare centre.

The jury spent about 25 minutes touring the former residence, in the company of the trial’s presiding judge Justice John Byrne, lawyers for the defence and prosecution, as well as court staff.

It is not unusual for a jury to visit alleged crime scenes during a trial. The excursion, called “the view” in legal parlance, is designed to help the jury better understand the evidence presented at the trial.

Car parked outside the Baden-Clay's home in Brookfield.Car parked outside the Baden-Clay’s home in Brookfield. Photo: Court Exhibit

Mr Baden-Clay did not attend.

Beforehand, the jury travelled by minibus to the bridge over Kholo Creek on Mt Crosby Road.

Kayaker Daryl Joyce found Mrs Baden-Clay’s body beneath the bridge on April 30, 2012, 10 days after her husband reported her missing.

Police closed the two-lane bridge to traffic as the jurors peered over the side to see the area where Mrs Baden-Clay’s body was found, comparing the scenery to maps and photographs prepared by the prosecution.

Meanwhile, media were kept several hundred metres away.

The jurors were told not to “approach or consider” a stone memorial erected for Mrs Baden-Clay on the side of the bridge, which has been adorned with pots of yellow flowers to match the mother-of-three’s favourite colour.

The group huddled close together on the bridge, as they went from one side to the other, although some jurors ventured towards a path leading from the roadway to the creek bed below.

The jurors remained at the bridge for more than 45 minutes, after being instructed to consider the creek area, its proximity to the Brisbane River, the surrounding terrain, the nature of the creek banks, the height of the bridge and the access to the underside of the bridge.

The jury was then driven past the homes of neighbours who testified about hearing noises coming from the Baden-Clays’ home on the night of April 19, 2012.

More than 50 witnesses have testified during the trial, which has entered its third week.

The prosecution has alleged Mr Baden-Clay was embroiled in an illicit affair with a former employee and under extreme financial stress at the time his wife disappeared.

His defence team has pointed to Mrs Baden-Clay’s history with depression and anxiety to suggest she took her own life.

The jury will return to court on Tuesday for more witness evidence.

- with AAP

Anyone needing support can contact Lifeline 131 114 or Mensline 1300 789 978.

Gerard Baden-Clay Trial-Day 7


An expert told the court the marks on Gerard Baden-Clay's face were typical of fingernail scratches.

An expert told the court the marks on Gerard Baden-Clay’s face were typical of fingernail scratches.

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Baden-Clay murder trial: Accused begged Queensland Government MP Bruce Flegg for $300,000, court told

Updated Fri 20 Jun 2014, 6:34am AEST

The jury in Gerard Baden-Clay’s murder trial has been told the accused murderer begged Queensland Government MP Bruce Flegg for $300,000.

Baden-Clay, 43, a former Brisbane real estate agent, has pleaded not guilty to killing his wife Allison in April 2012.

The body of the mother of three was found on a creek bank under the Kholo Creek bridge at Anstead in Brisbane’s west, about 10 kilometres from the couple’s Brookfield home.

At the trial on Thursday, Susanne Heath testified that in 2012 she phoned the accused at the request of her friend Dr Flegg, who knew Baden-Clay through the local chamber of commerce.

Ms Heath, who helped the MP for Moggill with his real estate deals, says the accused was distressed throughout the phone call, explaining he was in “financial trouble”.

“He was distressed. I could just tell in his voice. He was normally very confident and he was genuinely really quite distressed,” she said.

She said Baden-Clay asked if Dr Flegg could lend him around $300,000.

“He said if he didn’t get it he would go broke or bankrupt and I just felt really sad because he seemed so successful,” Ms Heath said.

Ms Heath says she told Baden-Clay, whom she noted had impeccable manners, she was unsure whether the MP was in a position to help.

“I really didn’t know if Bruce was in that kind of position,” she said.

The court heard Ms Heath felt sorry for Baden-Clay, who reacted well to Ms Heath’s response.

The court heard the phone call took place one morning in March 2012, in the lead-up to the state election on March 24.

Startled scream from neighbour night before Allison disappeared

Also appearing at the trial on Thursday was Stephanie Apps, who with her family, lived about 180 metres from the Baden-Clays in 2012.

Ms Apps said she arrived home with her son and daughter, who had been arguing, about 10:00pm the night before Allison went missing.

“They were bickering in the back of the car … by the time we got home it was pretty explosive,” she said.

“I shouted for both of them to get inside the house.”

Ms Apps told the court her then 15-year-old daughter knocked over a pot and then ran to the top of the driveway where she stumbled into a spider’s web and screamed.

Describing the scream as “startled”, rather than “blood-curdling”, Ms Apps said she was concerned about neighbours hearing the commotion.

“I would say it was a short, sharp scream,” she said.

“I was actually cringing because the neighbourhood was very quiet and I was cringing because I was worried about the neighbours hearing it.”

Ms Apps told the court she reported the incident to police at Brookfield Showgrounds after Allison’s disappearance, but only provided a statement last weekend at the request of the defence.

‘Extremely implausible’ marks on face caused by a razor

Earlier on Thursday, a former forensic medical officer gave evidence in Brisbane’s Supreme Court relating to claims that scratches on the face of Baden-Clay were caused by a razor.

Dr Robert Hoskins provided his assessment based on photographs of Baden-Clay taken on the day he reported his wife missing.

The photos were taken by scenes of crime officer Anthony Vernados at Indooroopilly police station.

The images show several marks on Baden-Clay’s chest and between his neck and shoulder, as well as marks on his face.

Dr Leslie Griffiths says injuries to the chest of Gerard Baden-Clay could have been caused by fabric being forced against the skin.

Dr Leslie Griffiths says injuries to the chest of Gerard Baden-Clay could have been caused by fabric being forced against the skin.

Dr Hoskins told the court there were three broader, raggedy-edged marks on Baden-Clay’s face, which were characteristic of fingernail scratches.

While giving evidence, Dr Hoskins remarked that it was “extremely implausible” that the marks were caused by a razor, a device designed over the years to avoid injury.

Dr Hoskins said there were up to four smaller scratches below, which could have been caused by a razor.

He told the court the larger abrasions were most likely six to 24 hours old, while the smaller ones were about six hours old.

Under cross-examination, Dr Hoskins said it was “impossible to say with absolute certainty” the marks on Baden-Clay’s face were from fingernails.

Also appearing at the trial on Thursday was Queensland Health forensic officer Dr Leslie Griffiths who told the court he examined Baden-Clay on April 22, 2012.

He said he had never seen a facial injury like that on the accused caused by a razor.

“They’re abrasions, they’re not cuts,” he said.

He said marks on Baden-Clay’s neck “could be explained again by human fingers being drawn down the neck”.

However, Dr Griffiths said “there may be other explanations for that”.

“I can’t think of any but there may be,” he said.

Dr Griffiths said marks on Baden-Clay’s chest could have been caused by fabric being forced against skin, but could form no conclusions.

Dr Griffiths said he examined Baden-Clay again two months later and could still see the marks distinctly.

He said a shaving cut would have healed within a week, but two months later he could still see them on Baden-Clay’s face.

The court on Wednesday heard from forensic physician Dr Margaret Stark who described two types of injuries to Baden-Clay’s face, adding that the older of the two sets of abrasions were “typical” of fingernail scratches.

Baden-Clay ‘told to get injuries documented’

Earlier on Thursday, Taringa GP Dr Renu Kumar testified via telephone, telling the court she saw Baden-Clay on April 21, 2012.

She said she saw three areas of injury on his body – face, neck and chest.

Dr Kumar said Baden-Clay told her the marks on his face were from an old razor, the mark on his chest was from where he had scratched himself, and the mark on his neck was from where a caterpillar landed and he crushed it.

She said Baden-Clay also told her his wife had gone missing.

“He wasn’t teary, but he looked sad,” she said.

Under cross-examination, Dr Kumar said she wrote in her notes “in my opinion, the marks were inflicted on himself”.

“[Baden-Clay] told me his lawyer had told him to get his injuries documented,” she told the court.

Dr Kumar said the injuries on his face looked a bit wider than what a razor would normally cause, but it was possible.

“When you’re rushing you can injure yourself,” she said.

Dr Kumar was the second doctor Baden-Clay attended on April 21 with the court yesterday hearing from Kenmore GP Dr Candice Beaven.

Dr Beaven told the court that she did not recommend any treatment because the injuries appeared to be superficial.

She told the court that at least three times, the accused explained he had cut himself shaving.

The trial resumes on Monday.

 

Gerard Baden-Clay Trial-Day 6


All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Baden-Clay murder trial: Scratch marks on accused wife killer’s face could be from fingernails, expert says

Updated Wed 18 Jun 2014, 9:34pm AEST

Scratch marks on the face of accused murderer Gerard Baden-Clay the day after his wife Allison disappeared could be from fingernails, a forensic expert has testified.

Baden-Clay, 43, a former real estate agent, has pleaded not guilty in the Brisbane Supreme Court to killing his wife on or about April 19, 2012.

The body of the mother of three was found on a creek bank under the Kholo Creek bridge at Anstead in Brisbane’s west, about 10 kilometres from the couple’s Brookfield home.

Dr Margaret Stark, a forensic physician with the New South Wales Police, has told the court that after his wife disappeared, Baden-Clay had two types of injuries that were hours or days old.

She said the larger abrasions were “typical” of fingernail scratches, while the smaller cuts might have been from a razor.

“The quality of photographs were not great, but it could have been possible that they were caused by [Allison's] nails,” Dr Stark replied.

Baden-Clay has told police he cut himself shaving.

Dr Stark, asked by the prosecution whether the scratches could have been caused by a razor, told the court the injuries were more consistent with fingernail scratches than a shaving incident.

“It would be unlikely to have that width of injury,” she said.

But when asked by defence lawyer Michael Byrne, QC, if she could say the injuries were caused by fingernails, Dr Stark said, “Not 100 per cent.”

“I think it is less likely, but I could not rule this out 100 per cent,” she said.

The quality of photographs were not great, but it could have been possible that they were caused by [Allison's fingernails].

Dr Margaret Stark

Dr Stark said police asked her to look at photographs of the injuries but she never examined Baden-Clay.

She told the court she had not been given any past medical history or medication details.

The court also heard from Dr Candice Beaven, a Kenmore GP, who said Baden-Clay presented with abrasions to his face on April 21.

Dr Beaven told the court that she did not recommended any treatment because the injuries looked superficial.

She said that at least three times the accused explained he had cut himself shaving.

No blood found on razor, forensic scientist says

The jury also heard there were several positive readings for blood at the home of Baden-Clay.

Forensic scientist Carl Streeting told the court he carried out presumptive screenings for blood on several items in April and May 2012.

Senior Constable Streeting said he checked a vacuum cleaner located outside the house, but no blood was found on the brush.

He said he saw a red stain on a towel in the bathroom and it tested positive. There were also positive readings on the sinks and taps, although the policeman said that is not unusual.

A razor blade was examined, but Senior Constable Streeting said it did not get a reaction for the presence of blood.

The court was shown photos of a transfer blood stain found on Allison’s car. Under cross-examination, Senior Constable Streeting said it is not possible to determine how old a blood stain is.

Baden-Clay ‘did not shed tear’ during interview: detective

Senior Constable Cameron Simmons and two colleagues from Queensland Police’s Criminal Investigation Branch (CIB) told the court they arrived at the Baden-Clay’s home at Brookfield about two hours after the accused phoned triple-0 on April 20, 2012.

The trio spoke to Baden-Clay for almost two hours, a recording of which was played to the jury.

Just to clarify, I cut myself shaving this morning and everyone is saying it looks suspicious.

Gerard Baden-Clay, speaking in police recording

 

When asked about a cut to his hand, Baden-Clay explained a screwdriver slipped while helping renovate a friend’s house the day before.

Under cross-examination, Senior Constable Simmons disagreed that Baden-Clay got emotional, saying, “He didn’t shed a tear during the interview. I thought he was calm and composed.”

Baden-Clay said he last saw his wife on the couch watching the Footy Show.

“Maybe once every couple of weeks one of us would sleep on the couch – not because of any kind of disagreement,” he said on the recording.

“I got up just after 6:00am, maybe five [minutes] past – she wasn’t here. That is not unusual – she goes for a walk a couple of times a week.

“I guess I started to get concerned because she has a seminar to go to. We own a real estate agency and she is in property management.

“I sent her another message and did try to call her a couple of times. The children were then getting up and they tried to call her a couple of times.”

He said he had to rush to get his three children ready for school and cut himself shaving.

Baden-Clay said Allison had two walking routes – one would take her to an aged care home and the other was around the school.

He told police how his father came straight over to look after the girls while he went out and looked for her.

Baden-Clay said he was not sure if his wife, who had a history of depression, was taking medication.

He said they had not discussed her medication in recent times and he knew that she went off and on the drugs.

Baden-Clay told the police officer about he and Allison visiting a marriage counsellor on the Monday. He said during that session they talked about strategies to rebuild trust.

He also told them how Allison was focused on trying to lose some weight.

The trial continues.

 

Is it the end for sites like Aussiecriminals


I have to ask that question after being harassed by the legal folks at the Courier Mail demanding I take down all the articles and photographs that I use here, at this point about GBC trial. (I had already removed the pics over last 4 days)

Articles and photographs are owned by them and I am stealing basically so we can dissect and discuss this case and others. They say I can post links only to their site?????

I am sure there are millions of pages from newspapers published in another format or whatever on people’s blogs for non commercial reasons.

But they have come after me. Interesting that…

Here is the email I received this afternoon, I have 1 day to reply. What do we do? I am devastated at the moment but wanted to share it with you guys.

Dear Rob,

Thank you for your email explaining your situation.  I am sorry to hear about your injury.  However, it is good that you have found something that you are clearly passionate about, and a community of people with similar interests.

As I am sure you will appreciate, the Courier Mail team is equally passionate about what we do.  We have dedicated court reporters who cover criminal trials day in, day out under enormous pressure to write stories accurately and quickly.  We also have photographers who travel extensively, editors working into the night and lawyers like myself who ensure our coverage is not defamatory or in contempt of court.  So you can imagine our team’s disappointment when our hard work is taken by other people and copied.

Your website is infringing our copyright in our articles and photographs.  Just because we publish our work on the internet does not mean everyone can take it and use it as their own.  Attributing the material as being sourced from the Courier Mail does not provide an excuse – it only proves that you have taken the material illegally.    As your website is about people who break the law, I am sure you can see the irony.

We ask that you take down the Courier Mail articles and photographs from your website.  You can, of course, replace them with links to our website at couriermail.com.au.

Please let me know whether you agree by tomorrow.  I have copied this email to your website host, WordPress/Automattic (for the attention of David W.), to keep them informed.

Kind regards,

*********** | Legal Counsel  | News Corp Australia

Level 3, 2 Holt Street, Surry Hills NSW 2010
Direct  *************  Mobile ********  Email [email protected]

—–Original Message—–
From: Robbo [DMCA notice

Hi *************

I am writing to you for 2 reasons.One is for understanding the other is what can we do as a community of crime lovers do so this does not happen again.

I started  this website called aussiecriminals.com.au about 4 years ago because as a community we never got to have a say about crimes happening in our community.

I am a one man show unpaid normal guy. After falling off a roof at work and recovering I found something to o.Talk about crime.That is all we do.We are non commercial all we do is talk about cases.

How else can we discuss cases when the newspapers/media are the only ones we get info from. I only share stuff on the net and try to give credit to the sources like yourselves.

Your actions would devastate hundreds if not thousands of folks in our community who were touched by the baden clay case.

I sincerely ask in the first instance you remove the threat to our site and then we can discuss what to do about it.

This site has been my only outlet since injuring my back.

Sincerely

Rob

Gerard Baden-Clay Trial-Day 5


All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Baden-Clay murder trial: Former mistress tells of anger over accused wife-killer’s other affairs

Updated 37 minutes ago

Gerard Baden-Clay’s former mistress confronted him about his other affairs after his wife was found dead, Brisbane’s Supreme Court has heard.

Baden-Clay, 43, a former real estate agent, has pleaded not guilty to murdering his 43-year-old wife Allison in April 2012.

The body of the mother of three was found on a creek bank under the Kholo Creek bridge at Anstead, about 10 kilometres from the couple’s Brookfield home, west of Brisbane.

Today Baden-Clay’s former mistress, Toni McHugh, was cross-examined by defence barrister Michael Byrne QC about her tumultuous relationship with the accused, which lasted from 2008 to 2012.

She broke down as she was questioned about her last face-to-face meeting with Baden-Clay in June 2012, after they both had been interviewed several times by police.

Ms McHugh said she and Baden-Clay met for the last time in a Fortitude Valley rental unit in Brisbane’s inner city in June 2012.

She told the court she was angry and upset with him after being told by the police that he had had relationships with other women.

“I knew these women – I knew who they were, I knew one more so than the other,” she said.

“He went on to tell me … the fact that he had these affairs … and that they didn’t mean anything.

“First one – didn’t come into play when we were together.

“The second – yes, we were together when that was happening.

“Gerard had gone down to a conference in Sydney – this particular woman was also at the conference.”

When asked if she felt like she was being “played”, Ms McHugh replied: “It’s the symptom of an affair, isn’t it?”

She also told the court about the ups and downs of their relationship, and how that was a pattern that went on for years.

Mr Byrne suggested to Ms McHugh that by April 2012 her affair with Baden-Clay was a pattern of him making promises, but nothing ever moving forward.

She agreed, saying she always left things to the accused and one day she expected it to happen, but it never did.

Mistress had expected Baden-Clay to leave wife

Ms McHugh told the court that both she and the accused were getting on with their lives, with the intention he would leave his wife and they would be together in the future.

“I wasn’t expecting it to happen in days – one day I did expect it to happen,” she said.

Ms McHugh said she ended her relationship with her husband, Rob, in 2008.

 

“We had a long relationship that was based on a lot of respect for each other,” she said.

“It was fraught with some differences – our children were our priority – but Gerard was a part of ending that relationship.

“From my point of view I had very strong feelings and attachment to Gerard and I was not going to remain in that marriage with Rob.”

The jury was again shown emails, dated just weeks before Allison was reported missing on April 20, in which Baden-Clay promised to leave his wife by July 1, 2012.

In an email dated April 11, 2012, Baden-Clay wrote “leave things to me now”.

Ms McHugh told the court she always left things to him, but nothing ever happened.

She was also asked about a phone call with Baden-Clay on April 19, 2012, in which she flew into a rage after learning Allison would attend a real estate conference the following day.

“I was extremely put off by Allison being there – I could not not go to conference,” she said.

Ms McHugh said she did not see Allison at the conference and when she called Baden-Clay, he said his wife had gone missing.

Court hears triple-0 phone call

The jury also listened to the triple-0 call Baden-Clay made to report his wife missing on April 20, 2012.

In the recording, Baden-Clay said to the female operator: “I don’t want to be alarmist but my wife isn’t home. I don’t know where she is.”

He explained that he had woke that morning and Allison was not there.

He said that was not unusual because she usually went for a walk in the morning.

The operator asked for a description of his wife. He said she had “blondey-brownish-reddish, shoulder-length hair”.

When asked how old his wife was, Baden-Clay replied: “44″. Allison was 43 when she disappeared.

Doctor testifies Allison was not a high suicide risk

Earlier today, two psychologists told the court they had no concerns Allison was suicidal before her death.

Dr Nicholas Bourke told the court he saw Allison four times in 2011 at a clinic in Kenmore: May 30, August 24, September 20 and on October 6.

He said that at the May 30 consultation, “she felt guilt and anxiety and she was worried she had low mood and at times was teary”.

“She was keen to restart Zoloft – an anti-depressant medication something she had been on in the past with success.”

Dr Bourke told the court he referred Allison to psychologist Dr Laurie Lumsden during a consultation in August 2011.

At that consultation, Dr Bourke said he performed an assessment on her called a K10 mental health assessment, which gives a score out of 50.

Dr Bourke told the court he gave Allison a score of 18 out of 50, with 50 meaning likely to be in a severe state of distress.

He told the court he had not considered her a high suicide risk because she had a high degree of resilience, was very organised and had good insight.

However under cross-examination, Dr Bourke agreed with the defence that it was possible people suffering depression can sometimes mask their feelings to others, including professionals.

Allison believed she was partially to blame for affair

Counsellor Carmel Ritchie from Relationships Australia also testified, telling the court she held sessions with both Allison and Gerard Baden-Clay in March and April 2012.

“When I asked her [Allison] to define the problems that she saw in her life, she said: ‘I am feeling inadequate not good enough. I believe I let it happen – Gerard’s way is the right way, Gerard has had an affair for the last three years’,” she said.

Ms Ritchie says Allison told her she feared that her husband would leave her.

“She said on her honeymoon she took an anti-malarial which resulted in chronic depression and some psychotic episodes,” she said.

“She said she had panic attacks in a particular pregnancy. Her husband’s attitude was ‘get over it’.”

Ms Ritchie said Allison believed she was partially to blame for Baden-Clay’s affair, as he had told her she was not the girl he married.

Ms Ritchie said on April 16, 2012, she held a counselling session with the couple that included one-on-one time with Baden-Clay.

She told the court he showed a commitment to his marriage.

“I asked what he hoped to gain from counselling,” she said.

“He replied with: ‘I want to build a future together, not regressing. I want to get on with life and wipe it clean’.”

Ms Ritchie says she thought Allison was hopeful when she left their last appointment.

Accused wife killer Gerard Baden-Clay’s former mistress says he had affairs with at least two other women, and one occurred while they were in a relationship.
Source
AAP
17 Jun 2014

Real estate worker Toni McHugh on Tuesday returned to the witness box in the Supreme Court in Brisbane where the murder trial of Baden-Clay, 43, has entered its fifth day.

On Monday she detailed her roller-coaster three-and-a-half year affair with former real estate agent Baden-Clay, which ended when his wife Allison Baden-Clay vanished in April 2012 and was found dead ten days later.

Being re-examined by Crown prosecutor Todd Fuller, Ms McHugh said Baden-Clay had told her about affairs with two other women in a conversation in December 2011.

At the time the father of three had just rekindled his relationship with Ms McHugh, a real estate worker, after a break of several months.

“He said there are some things I need to one day tell you,” Ms McHugh said, adding he was referring to the affairs with two women.

She said one of the affairs occurred when they weren’t seeing each other, but the other had happened during their secret relationship.

Baden-Clay told her it happened when he went to a real estate conference in Sydney with other sales members from his real estate practice, and the affair happened with another woman at the conference.

The first day of the conference Baden-Clay talked her into travelling to see him in Sydney, Ms McHugh said.

“My understanding was that it happened the day before,” she said.

Earlier, a teary Ms McHugh insisted under cross examination that in early 2012 she believed Baden-Clay would leave his marriage for her.

Defence barrister Michael Byrne said Baden-Clay had been promising to leave his wife for years and had never acted on it.

“I wasn’t expecting it to happen in days,” she said.

“One day you expected it?,” Mr Byrne asked.

“Yes, one day I did expect it to happen,” she replied.

Allison Baden-Clay’s body was found on a creek bank in Anstead in Brisbane’s west on April 30, 2012, ten days after her husband reported her missing from their nearby home.

Baden-Clay has pleaded not guilty to murder.

The trial continues.

 http://www.sbs.com.au/news/article/2014/06/17/baden-clay-had-multiple-affairs

 

 

Harley Hicks-baby killer gets life


Harley Hicks trial: day by day

GALLERY: The Harley Hicks trial

Sentence will never end family’s pain: A look back and the trial and what couldn’t be told

10am: JUSTICE Stephen Kaye has begun addressing the Supreme Court as he prepares to deliver his sentence for baby killer Harley Hicks.

10.12am: Justice Kaye said what Hicks did in Zayden’s room when he killed him with considerable violence was clear ‘but what is unclear is why you did it’.

10.16am: Justice Kaye said the full account of the injuries to Zayden was harrowing to say the least.

He said he could only imagine the heartbreak of Zayden’s mother, Casey Veal, and those who loved Zayden.

10.18am: Justice Kaye said Hicks struck the fatal blows because he ‘specifically intended to kill him’.

10.23am: Justice Kaye said Hicks put up an innocent man as a false killer ‘in order to save your skin’.

10.24am: ‘Your offending places this case in the worst cases of murder that come before this court. The life of a baby is particularly special and precious. What you did was totally and utterly evil,’ Justice Kaye said.

10.28am: Justice Kaye said ‘You have shown no remorse for what you have done’.

10.33am: Justice Kaye said ‘At no stage of the trial could I detect from you any sign of remorse’.

Justice Kaye said he observed Hicks during the trial and he showed no indication of any pity for the baby or the family.

10.37am: Justice Kaye says of particular concern was Hicks’ criminal history and escalating violence.

‘There are other victims of your crime who have suffered and continue to suffer,’ Justice Kaye said.

10.40am: The English language is ‘entirely inadequate’ to describe their grief and anguish, Justice Kaye said.

10.41am: Justice Kaye quotes Zayden’s mother’s victim impact statement that says, ‘I miss Zayden each second of each day. Words cannot describe the pain I feel for both my sons.

‘I am serving a life sentence .. all I have is memories and most of them are tainted by this crime.’

Justice Kaye quotes father James Whitting’s impact statement:

‘The tragic and needless loss of my son Zayden devastated us all. I don’t even know where to begin to express the pain in my heart.’

10.43am: Justice Kaye says he quoted the statements to show the ‘indescribable grief and pain as a direct consequence of the crime’.

10.46am: Justice Kaye said Hicks used alcohol and drugs from a young age and methyl amphetamine on a regular basis since 2011.

10.48am: Justice Kaye says Hicks did not always comply with conditions ordering him to get help for his addictions.

10.51am: Justice Kaye said Hicks did not have a psychiatric disorder but his personal history showed he suffered behavioural disorders from an early age, compounded by his family life, sexual abuse and long standing abuse of alcohol and drugs.

10.52am: Justice Kaye says Hicks shows poor prospects for rehabilitation.

10.53am: ‘You are a danger to the community. Especially to the defenceless and vulnerable members of it’, Justice Kaye says.

10.54am: ‘There’s a real need to protect the community from you’, Justice Kaye says.

10.56am: ‘All human life is sacrosanct but the community places special value on the innocent and the lives who are young and vulnerable,’ Justice Kaye says.

11am:  ‘The primary victim of your crime was a helpless defenceless infant,’ but Justice Kaye says he must consider Hicks’ age.

11.01am: Harley Hicks sentenced to life in prison.

11.02am: Harley Hicks sentenced to life in prison with a minimum non-parole period of 32 years.

11.06am: Hicks has been removed from court.

File picture: Harley Hicks.

File picture: Harley Hicks.

Justice Kaye said Hicks ‘unleashed a ferocious attack on Zayden’ that night and the prosecution’s case was very powerful.

Extra security is in place outside the Bendigo court ahead of Harley Hicks' sentencing today. Picture: GLENN DANIELS

Extra security is in place outside the Bendigo court ahead of Harley Hicks’ sentencing today. Picture: GLENN DANIELS

Extra security is in place outside the Bendigo court ahead of Harley Hicks’ sentence today.

Hicks, 21, of Long Gully, was found guilty by a Supreme Court jury in April of murdering Bendigo baby Zayden Veal-Whitting.

Hicks was out committing a series of burglaries overnight on June 14/15, 2012, when he entered Zayden’s Eaglehawk Road home and bludgeoned the 10-month-old to death with a home-made baton.

More to come.

He was just a baby. A tiny, perfect little baby.

A baby growing too quickly into a little boy… but a little boy who was never given the chance to become one.

A little boy who had never celebrated a birthday. Never played in mud puddles or raced to the gate to greet his mum or dad after work.

Harley Hicks taken from court after the jury convicted him of murder in April.Harley Hicks taken from court after the jury convicted him of murder in April.

Read all about the the trial at the Bendigo Advertiser

He had taken his first few steps, but never run his first race. He hadn’t had much time to wrestle his brother, choose a favourite football team or line his parents’ walls with art.

He barely had time to live.

Zayden VealZayden Veal Photo: Supplied

Because on one horrific night in June 2012, a monster entered his home and bludgeoned him to death.

The helpless, beautiful little boy was struck 25 times to the face and at least eight times to the head with a blunt instrument as he lay in his cot. The baby monitor was turned off in the minutes before or after the killing, and his blankets were placed up to his nose before his killer left him to die. He could have already been dead.

Weeks later, that instrument was found to be a home-made baton made of copper wire and electrical tape – and it was covered in the little boy’s DNA.

It was also covered in DNA that matched his killer.

Almost two years after 10-month-old Zayden Veal-Whitting was killed, Harley Hicks will this week be sentenced for his murder.

He is yet to tell the court why he stole the life of a helpless baby – and has shown no remorse for the brutal killing.

On the morning of June 15, 2012, Bendigo woke to a tragedy beyond comprehension.

What started as a report to police of a burglary at an Eaglehawk Road home was quickly followed by a desperate call to paramedics to help revive a child.  As investigators were called to the scene, tongues were already wagging and finding reasons to place blame. But blame in all the wrong areas.

Casey Veal had just found her beautiful little boy beaten to death in his cot. Her then partner Mathew Tisell heard her chilling scream and ran to help.

As Zayden was taken to hospital, police tape was put around his home on Eaglehawk Road. It became a crime scene.

Zayden’s father received a call to go to the hospital. He had no idea why, but the house where Zayden was staying with his mother and then stepfather was on the way. James and his mother Anne drove past the police tape. They had no idea what had taken place. No one did.

It was at the hospital James was told by a social worker she was sorry for the loss of his son. He was lost. Shattered. Confused. James still didn’t know what had happened, or which son had died.

Casey didn’t have the answers, other than what she had woken to find their baby bruised and limp.

Her house had been burgled and their son had been killed.

James knew neither Casey nor Matt were responsible for the death – but who was?

The microscope was on anyone who had any association with the Eaglehawk Road home.

But as the family came together in the hospital to learn the shocking and heartbreaking news, police started receiving reports of a number of burglaries in the Long Gully area on the night of Zayden’s death.

More reports would follow in the next few days.

There were similarities at many, including the burglary at Eaglehawk Road.

That was when police turned their attention to known offenders in the area – and their intelligence turned them to Green Street – the home of Harley Hicks.

An initial warrant allowed police to search for stolen goods by known thieves living at the address on June 17.

They were looking for goods stolen from properties throughout Bendigo and Long Gully on June 14/15.

Even the most experienced investigators were confronted by the filth they saw during that search.

But among the rubbish they found a set top box stolen from a property across the road from the Eaglehawk Road home where Zayden was killed, which put one of the occupants of the house in the area at the time of the burglaries and the death.

Each of the occupants was interviewed, but Hicks had already fled Bendigo, leaving for Gisborne the day after Zayden’s murder, a day earlier than planned.

The Victoria Police Homicide Squad believed Hicks was ‘merely a person of interest’ because he was a known burglar and stolen goods were found at his address, so they set about finding him.

Hicks was in Gisborne with his then-girlfriend Martina at that stage – searching the burglaries and the baby’s death on the internet. He had also cut up his tracksuit.

When Martina told him she had received a phone call to say the police were looking for him, Hicks fled. He spent the night at the Gisborne football oval, before phoning his father John Hicks the following day.

Police received information to say John was travelling to Gisborne to collect his son and return to Bendigo on June 19, so detectives set up an intercept at Big Hill.

It was there that Hicks was arrested, while hiding in the rear seat of his father’s car.

At that stage he was only a suspect for the burglary at Eaglehawk Road.

But it was from that moment, the pieces started coming together for investigators – and it was Hicks himself who gave it away.

He soon became a person of interest regarding the death of Zayden, but there was still nothing that put him in the house.

From the minute he was arrested on the Calder Highway, Hicks immediately put up a false killer. He started shooting off at the mouth, telling police from the outset he was with another man on the night of the burglaries. Naming an innocent man as being with him that night.

Over three days, Hicks told the story of being out that night with that man and parting ways when they got to Eaglehawk Road.

That man was arrested on June 19, but there was a problem with Hicks’ story. He had an iron-clad alibi. He was never out that night with Harley Hicks. He did not commit any burglaries and did not kill Zayden.

That information led police to a second search of the Green Street address.

This time they found a wallet reported stolen by Mr Tisell in a car outside the home of the Hicks brothers, which the occupants used for ‘storage’ – and, they found a baton. It was still some time before that baton was connected to the killing.

Throughout the trial, Hicks’ brothers tried to say that instrument was used as a dog’s chew toy, but there was no evidence a dog had been anywhere near it. Martina, however, had seen that baton hidden behind a picture frame. It was the murder weapon.

Hicks was not questioned over the murder, but on the morning of June 21, he offered a plea of guilty without admission to a series of thefts, burglaries and attempted burglaries overnight on June 14 and 15 – 11 matters in total, but excluding that at Eaglehawk Road.

He also pleaded guilty to 10 other offences relating to thefts and burglaries committed prior to that night.

Hicks was sentenced to 12 months’ youth detention.

Those pleas were excluded from the Supreme Court murder trial because Hicks’ defence successfully argued it would be unfair to have them admitted in circumstances where he pleaded guilty to avoid being remanded in custody in an adult prison.

Hicks told his legal team he didn’t want to go adult prison because of an allegation of sexual assault he had previously made against an inmate at Port Phillip Prison. He wanted the matter finalised that day so he would more than likely go into youth detention.

Hicks admitted an attempted burglary at 23 Duncan Street, a burglary at 30 Wilson Street and the theft from a vehicle in Jackson Street, where the set top box was stolen, but denied any involvement with the other offences that night at Dillon, Bray and Bolt streets and Havilah Road. His defence team said he pleaded guilty to all matters, knowing that if the matter was adjourned he would be remanded in adult custody because of outstanding matters before the court.

Hicks’ defence lawyer David Hallowes further submitted that if the pleas of guilty were admitted in the trial, his lawyer would need to be called as a witness and that would reveal that Hicks had previously spent time in an adult jail, which would be prejudicial to his client.

Crown prosecutor Michele Williams SC argued Hicks knew what he was doing and did not dispute or deny any of the allegations in the police summary. She said Hicks was familiar with the legal system having had previous court appearances in other criminal matters and was looking after his own interests.

In ruling against allowing the pleas of guilty to all matters during the murder trial, Justice Stephen Kaye said the decision was not clear cut as Hicks knew precisely the charges brought against him and there was no evidence of any misconception or misunderstanding.

But he said Hicks was a young man with a pressing reason for not wanting to return to adult custody and based on the admissions he had made during his interview with police, there was a strong likelihood he would have been given a custodial sentence.

Justice Kaye said Hicks’ lawyer at the time did not have sufficient information to properly advise her client as he had entered the guilty pleas so quickly after a three-day interview with police and the police brief had not been compiled.

He said there were significant questions as to the reliability of the pleas of guilty as truthful admissions by Hicks of his guilt and it seemed clear he pleaded guilty by way of expediency rather than because he admitted the allegations against him were true.

On June 21, 2012, Hicks was sent to a youth detention centre for the thefts and burglaries. But the investigation into the murder of a child continued.

Hicks by now was a suspect. He had put up lies about being with another man that night and a wallet belonging to Zayden’s then stepfather was found at Hicks’ address.

His three-day interview with police, and time spent in the holding cells with an undercover police operative, revealed information only the killer would know.

In the pre-trial arguments, Hicks’ defence team tried to have the record of interview excluded from the murder trial, but their request was denied.

Sitting in his office reviewing the evidence some weeks after Hicks was sent to youth detention, Detective Senior Constable Tony Harwood of the homicide squad compared baby Zayden’s injuries with a baton collected during a search of Green Street. It was sent for forensic tests. There was a match.

One end of the baton was covered in Zayden’s DNA – the other carried the DNA of Harley Hicks.

So too, did the stolen set top box – stolen from a property Hicks had admitted being at on the night of the killing.

On September 24, 2012, Harley Hicks appeared briefly in the Melbourne Magistrates Court charged with murder. He later entered a plea of not guilty.

When his first lie about a false killer didn’t work, Hicks turned to the DNA evidence as his defence.

The trouble with the DNA was that Hicks had an identical twin, and identical twins have identical DNA.

As that fact was told to the Supreme Court by a forensic officer, Harley winked at Detective Harwood from the dock. It was a glimpse of the cockiness shown during his record of interview with police.

But that argument only pointed further to his guilt.

Harley’s twin, Ashley Hicks, also had an alibi. Despite the defence team doing its best to ask the question as to just which twin killed the baby, Ashley’s alibi stacked up.

He was at home with his father that night. John Hicks supported his son’s story.

Ashley didn’t kill Zayden.

Harley Hicks did.

The court was told was that Hicks was out committing a series of burglaries overnight on June 14/15, 2012, when he entered 10-month-old Zayden’s home and killed him. No one knows why, but the prosecution put to the jury that it was possible the baby woke and Hicks needed to silence him to avoid being caught stealing from the house. He had ‘hit the jackpot’ Ms Williams said, finding almost $2000 in cash, and did not want to be detected.

Earlier in the night, Hicks told his brother Josh, Josh’s girlfriend Danielle and Martina he was heading out. Over his shoulder was a black bag. Josh said his brother always carried that shoulder bag. The same bag described by a couple who chased a man from their yard about midnight. The chase during which Hicks would lose his shoes.

Martina would later tell the court Hicks left twice that night, once to buy drugs, and later again.

The jury heard Hicks told police he was on the shard that night; crystal methamphetamine, known as ice.

But he said the man he was out with that night – the false killer he put up – had been using the methamphetamine ice and was “really, really aggressive … scary aggressive”.

The prosecution said Hicks was actually talking about himself.

But the jury couldn’t be told the extent of Hicks’ habit – and for how long he had been a drug user.

Hicks’ history includes years of repeated drug abuse, including cannabis, heroin, ecstasy, alcohol and ice.

Nor could the jury be told of his priors, which were escalating.

They knew Hicks was already on the run from police that night. Indeed, only three days earlier officers had gone to his home looking for him.

But the jury didn’t know Hicks had a long criminal history, which started at the age of 14, and included thefts, criminal damage, aggravated burglary and armed robbery.

The murder and series of burglaries and thefts were committed two months after Hicks was placed on a Community Corrections Order for armed robbery.

But on this night, Hicks was still stealing whatever he could from easily accessible places – glove boxes in unlocked cars, and houses.

The back door at Eaglehawk Road could not be locked.

But because his earlier pleas of guilty to those offences in the Magistrates Court, excluding the burglary at Eaglehawk Road, could not be admitted during the trial, Detective Harwood had to reinvestigate each one.

He needed fresh evidence during the Supreme Court trial – but led to a hiccup in proceedings.

The chase where he lost his shoes was pivotal. So too, were his movements afterwards – and just what was he wearing on his feet?

Martina reported Hicks was wearing a pair of motorcycle boots the day the pair left for Gisborne on June 15. She had never seen them before and they were far too big for him.

But the occupants at a house in Dillon Street burgled on June 14/15, 2012, knew the boots only too well, as they belonged to them.

But it wasn’t until a fresh statement was made by the Dillon Street occupants on March 13 this year that the boots were reported stolen that night. It was two weeks into the murder trial.

The prosecution then sought to have the boots admitted as evidence so the sole could be compared to a footprint on a couch in the rear yard of the Eaghlehawk Road home where Zayden was killed.

That new piece of evidence brought the trial to a standstill.

Sixteen prosecution witnesses had already been called and the trial was well-advanced.

A day was set aside for legal argument, during which the defence put to Justice Kaye that the evidence had come to light late in the trial and the prosecution had opened the case stating no link could be drawn between a mark on the couch, which had been pushed by the residents at the property against a fence, and the accused man.

Mr Hallowes said the prosecution had access to the boots before the trial and knew Hicks was wearing them from June 15 to 18.

He said had the boots been tendered as evidence earlier, the defence may have approached the case differently and cross-examined witnesses in another manner.

Justice Kaye agreed the evidence was produced late in the trial and whilst he accepted the statement from the Dillon Street resident might have prompted investigators to look at the link, there was sufficient evidence to draw the link beforehand.

In his ruling, Justice Kaye said it was “a pity this has come to pass’’.

“I am loathe, in a case like this, to shut out evidence of this type and I certainly do not wish to be critical but the fact is little new has emerged. The police had the boots in their possession, they had a cut out of the print, they had Martina Lawn’s evidence in relation to her understanding that the boots had been stolen that night and the matter was raised by Mr Hallowes at the committal. In addition, we had two weeks of pre-trial argument for the Crown to consider issues such as this. It is not my role to punish or criticise the prosecution, but in weighing up the fairness of excluding it, it is a factor that must be taken into account.

“Fundamentally,  my role is to ensure that the accused man receives a fair trial. In my view, as I have stated, there would be strong prejudice to the accused in the conduct of the trial if were to admit the evidence.

“No direction given by me could allay that prejudice before the jury. I am of the view that prejudice does outweigh any probative value of the evidence and so I have come to the inevitable conclusion that I must exclude it.’’

Few could argue Hicks wasn’t afforded a fair trial.

The law dictates all accused persons are entitled to the presumption of innocence – and that must be the starting point. It was up to the prosecution to prove Hicks guilty.

The ruling about the boots was made and the trial continued.

But at the same time, something changed.

In the early days of the five-week trial, Hicks took notes. Pages and pages of colour-coded scrawl. Some in red, other lines in blue. He seemed to be paying attention. But as the trial went into days and weeks, the notes slowly stopped. His attention was sporadic and on one occasion, he could be heard snoring in the dock. A break in proceedings was called before the jurors picked up on his nap – but there’s no doubt some would have noticed.

This jury was astute. The prosecution, defence and Justice Kaye spoke several times of the particularly careful and observant group that formed the jury.

A jury charged with the responsibility of a harrowing trial. A jury charged with taking everything in.

And they did.

They would have known each time Hicks started shaking – a shake of the leg that became louder and louder each time evidence linking him to the murder was put before the court. The shaking alone told a powerful story – he was nervous, and more so at certain times. They would have noticed.

And they certainly noticed the antics of Hicks’ supporters in court. The interaction between Hicks and his brother in the witness box, which attracted a caution. The note-taking by Hicks’ fiancee,  who followed witnesses from the courtroom – actions that came close to having her found in contempt of court.

They would not have known about the stern warning given by Justice Kaye to Hicks’ mum about posting photos of her son in the dock on Facebook – but that would have been the exception.

This jury didn’t miss a trick, and there were a few of them.

But importantly, they never lost a sense of why they were there – and that was to deliver a verdict in a trial involving the horrific, violent death of a baby.

They listened to, and considered, every piece of evidence. They questioned. They asked for breaks when everyone grew tired. It was exhausting.

But they also watched a family sitting in the courtroom in the hope of justice being served for their beautiful little boy. They were told to separate emotion and look at the facts, which they did. But there was no doubt they were well aware of the trust Zayden’s family put in them to do that properly.

Little Zayden’s family attended court every day. Their heads would fall every time a new piece of distressing evidence was put to the court, but their strength kept them there.

No one in court could ever properly express just how brave that family was.

The brave mother who told her story of finding her baby beaten to death in his cot.

The last time she saw her son alive was when she gave him a bottle and helped him re-settle. He had a cold and needed some medication.

The next day her little boy’s injuries brought the most hardened police and paramedics to tears.

A brave father and his partner who never got to hold their little boy and say goodbye. Who listened to every word said to defend their son’s killer.

A father who remembers a little boy who only a day before he died said the word dad for the first time.

Grandparents equally heartbroken and robbed of the love of a small child who was their world.

The pain of the trial ended for them when the jury delivered a guilty verdict. Today, Justice Kaye will hand down his sentence.

The legal process will be over. Hicks will be sentenced for his heinous crime.

But there will never, ever be justice for baby Zayden, or those who loved him.

This tragedy does not end with Zayden’s death. It does not end with a verdict, or a sentence. It will ever end for those he is survived by. Their pain will never, ever end.

The Harley Hicks trial – the case day by day

THE HARLEY HICKS TRIAL – DAY 1…

Supreme Court trial begins

A BENDIGO baby was struck at least 25 times to the head and killed with a home-made baton during a burglary at his Long Gully home, the Victorian Supreme Court has heard. Read full story here

THE HARLEY HICKS TRIAL - DAY 2…

Mother tells of moment she found her baby covered in blood

THE mother of a Bendigo baby bludgeoned to death in his cot has told the Supreme Court of the harrowing moment she found her son limp and covered in blood. Read full story here

THE HARLEY HICKS TRIAL - DAY 3…

Twin brother says he was at home on night of Bendigo baby murder

THE twin brother of accused man Harley Hicks says he was at home the night baby Zayden Veal-Whitting was killed and did not commit the murder. Read fully story here 

Mum’s partner says he ‘loved those boys’

THE partner of Casey Veal has told the Supreme Court he loved Ms Veal’s children and did not kill baby Zayden. Read full story here

THE HARLEY HICKS TRIAL - DAY 4…

I saw baton in Harley’s bedroom: Witness

THE older brother of Harley Hicks has told the court he saw a baton on the floor of the bedroom of the accused man several days after baby Zayden Veal-Whitting was found bludgeoned to death in his cot. Read full story here

THE HARLEY HICKS TRIAL – DAY 5…

Hicks trial hears of backyard intruder

Accused seen leaving house wearing grey hoodie and carrying bag. Witness tells of backyard intruder. Read full storyhere

THE HARLEY HICKS TRIAL – DAY 6… 

Questions raised about twin’s alibi

QUESTIONS have been raised about the alibi of the twin brother of the man accused of murdering baby Zayden Veal-Whitting on the night of the child’s death. Read full story here 

THE HARLEY HICKS TRIAL – DAY 7…

Hicks trial: Twin brother was home that night, court hears

THE twin brother of the man accused of murdering baby Zayden Veal-Whitting was at home on the night of the child’s death, the father of Harley and Ashley Hicks has told the Supreme Court. Read full story here

Weapon was not focus of search

POLICE were not looking for a murder weapon the first time they searched the residence of the man accused of murdering baby Zayden Veal-Whitting, the Supreme Court has heard. Full story here

THE HARLEY HICKS TRIAL – DAY 8…

Ex girlfriend was too scared to tell police what she saw

THE former girlfriend of the man accused of murdering baby Zayden Veal-Whitting has told the Supreme Court she was too scared to tell police what she saw in the days that followed the baby’s death. Full story here

THE HARLEY HICKS TRIAL – DAY 9…

Stolen wallet links to baton

A WALLET and identification cards belonging to the stepfather of baby Zayden Veal-Whitting were found in a car at the home of the man accused of the child’s murder, the Supreme Court has heard. Read full story here

THE HARLEY HICKS TRIAL – DAY 10….

Court hears Hicks tell of burglaries and ICE

THE man accused of murdering baby Zayden Veal-Whitting told an undercover police officer he had been on ICE and was committing burglaries the night the child was killed. Full story here

DNA on baton matches accused man

A HOME-MADE baton alleged to be the weapon used to kill a 10-month-old baby was found carrying DNA matching the man accused of the murder, the Supreme Court has heard. Read full story here

THE HARLEY HICKS TRIAL – DAY 11…

No blood on baton: expert

A HOME-MADE baton which prosecutors allege was used to bludgeon a baby to death did not have traces of blood, a court has heard. Full story here

THE HARLEY HICKS TRIAL – DAY 12..

Defence questions search

THE defence counsel of the man accused of murdering Long Gully baby Zayden Veal-Whitting has questioned how thoroughly police searched for a murder weapon. Full story here

THE HARLEY HICKS TRIAL – DAY 13..

Detective links baton with baby’s injuries

THE detective  responsible for the investigation into the killing of Zayden Veal-Whitting says the discovery of a home-made baton alleged by the Crown to be the murder weapon was a “chance finding’’. Full story here

Crown gives closing address in Hicks trial. 

THE Crown is giving its closing address in the Supreme Court in the hope of proving beyond reasonable doubt the accused man Harley Hicks killed baby Zayden Veal-Whitting. Read full story here

THE HARLEY HICKS TRIAL – DAY 14…

Crown says case is ‘jigsaw’

PROSECUTORS have told a Supreme Court jury the case against the man accused of murdering Long Gully baby Zayden Veal-Whitting is like a jigsaw puzzle. Read full story here

THE HARLEY HICKS TRIAL – DAY 15…

‘False killer’ story is about Hicks, Crown says

THE crown says a story made up about a ‘false killer’ by the man accused of murdering baby Zayden Veal-Whitting was actually his own story. Full story here

Hicks jury asked to put aside prejudice

THE jury has been asked to put aside any prejudice against the man accused of murdering baby Zayden Veal-Whitting and judge the case against him on the evidence. Full story here

THE HARLEY HICKS TRIAL – DAY 16…

Hicks told lies to protect: defence

A SUPREME Court jury has been asked to consider the possibility Harley Hicks told lies to protect someone else, possibly his twin brother. Read full story here

THE HARLEY HICKS TRIAL – DAY 17…

Defence says baton was murder weapon

LAWYERS defending the man accused of murdering baby Zayden Veal-Whitting have ruled out the child’s stepfather as a possible ‘other’ for causing the death – but have put to the Supreme Court that Harley Hicks is covering for someone. Read full story here

THE HARLEY HICKS TRIAL – DAY 18…

Hicks defence says evidence doesn’t fit

THE defence team representing Harley Hicks says there are five key pieces evidence that don’t fit with the prosecution’s case the accused man killed Zayden Veal-Whitting. Read full story here

THE VERDICT: 

Harley Hicks found guilty of murder. Full coverage here

Hicks guilty of baby murder. Read story here

A liar, a thief and a killer

Hicks’ mum breached judge’s order

Woman cautioned in Hicks trial for following witnesses out of court

Jury asks questions about Hicks coaching brother in witness box

EDITORIAL: Thoughts are with Zayden’s family.

Zayden’s family tells of heavy hearts

THE family of Zayden Veal-Whitting doesn’t want to live in a world of hate – but that intense and deep emotion blankets them because of the “monster’’ who killed their little boy. Read full story here

The plea hearing

Crown calls for life sentence for baby killer in plea hearing in the Supreme Court.

Mother’s plea to drug users

Mother of baby Zayden Veal-Whitting wants son’s killer to stay behind bars for life … and makes plea to ice users to think of her little boy and give up the drug. Read full story here

Hicks to be sentenced

Harley Hicks will be sentenced on June 13. Full story here

Galleries: 

GALLERY: The Harley Hicks trial

GALLERY: The committal

GALLERY: The trial

GALLERY: Exhibits tendered during the trial

Gerard Baden-Clay Trial-Day 4


 

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Baden-Clay murder trial: Neighbour heard screams in the night ‘like someone falling off a cliff’

Updated Fri 13 Jun 2014, 7:58am AEST

A woman who lived near accused wife-killer Gerard Baden-Clay’s home in Brisbane’s west has told his murder trial she heard a woman screaming in the night around the time his wife disappeared.

Baden-Clay, 43, a former real estate agent, has pleaded not guilty in the Supreme Court to killing his 43-year-old wife in April 2012.

The body of the mother of three was found on a creek bank under the Kholo Creek bridge at Anstead, about 10 kilometres from the couple’s Brookfield home.

Fiona White, who in 2012 was living at Kenmore Hills, near the Baden-Clay family home, today told the court she heard screams in the night during the week Allison went missing, although she was not able to say which night it was.

“Look for me it was high, quite high scream. The way I would describe it there and then was it was like someone falling off a cliff, being pushed,” she said.

She said she heard two distinct screams, “straight one after the other… from what I remember, I would have said it was a female”.

She said the screams came from the direction of the Baden-Clay house.

Neighbour Susan Braun told the court she was woken up some time after 11.30pm by someone calling out the night before Allison went missing.

“I went to sleep then was woken up a second time with someone calling out,” she said.

“I was sound asleep and I heard a loud human noise. It was calling out – I don’t know what the words were.

“It woke me up with a fright.”

Ms Braun said she could not tell whether the voice was male or female, and the voice was raised for less than 10 seconds.

Father says Baden-Clay was in a ‘normal’ mood

Nigel Baden-Clay told the court his son was in a “normal” mood the night before reporting his wife missing.

He said he helped Gerard with his real estate business weekly by collecting and removing signs at properties.

Mr Baden-Clay said on April 19, 2012, his son and his three grand-daughters had an informal dinner at his home nearby.

He said Allison did not attend the dinner, but that was not unusual.

Early the next morning, Mr Baden-Clay said he got a phone call from his son who said: “Dad I don’t want to alarm you, but have you seen Allison?”.

He said Gerard was anxious, but was trying to be calm.

Mr Baden-Clay said he and his daughter Olivia drove in separate cars to his son’s home in Brookfield.

He said when he arrived, he noticed marks on his son’s face and Gerard said he had cut himself shaving.

Mr Baden-Clay said he looked after the girls while Gerard immediately left to search for his wife.

The police arrived not long after he returned, Mr Baden-Clay said.

Mr Baden-Clay will resume his evidence when the trial resumes on Monday.

Youngest daughter said ‘mum went out and stayed out’

Earlier the jury watched a police interview with the Baden-Clays’ youngest daughter, in which the girl, who was then five years old and cradling a purple stuffed toy, told police her mother “went out and stayed out” on the morning of her disappearance.

Baden-Clay wept in court as he watched the video, recorded by police on the afternoon Allison was reported missing.

In it, the girl told detectives she had been watching TV with her two older sisters that morning.

Officers asked the girl if she heard her mum and dad talking when she went to bed, and she replied: “No”.

The girl said when she woke up the next day, her mother was out.

“I didn’t get to see her at all because I was fast asleep,” she said.

“She was walking for a long time and we think she twisted her ankle.”

She said she had then taken part in a search party for Allison.

“[When] we finished school, dad said to us that dad couldn’t find mum,” she said.

“Dad told us that mum was gone and dad thinks she went for a walk.

“We saw that mum was gone and then we searched for her.

“We had a search party … everybody was searching for mum.”

‘You could see he was worried’: Baden-Clay daughter

In court this morning, the jury also saw a police interview with the Baden-Clay’s eldest daughter, recorded on June 27, 2012, in which she was asked if she remembered any of the conversations she had with her father on the morning her mother disappeared.

“He was just trying to be confident for us [and saying, she'll be back],” she said in the video.

“You could see that he was worried – he was calling people [relatives].

“And then he called the police and as we left to go to school the police arrived.”

She was also asked about the night before when she went to bed, as well as the next night when her mother had gone missing.

The girl said she could not remember hearing anything on those nights.

“Dad went downstairs to get [something] from the downstairs fridge and mum was watching TV but they didn’t say anything that I heard,” she said in the recording.

She also said she did not hear anyone else’s voice or any car noises on that night or the next morning.

Allison Baden-Clay found out about husband’s affair

Yesterday, the court heard Baden-Clay spoke with staff individually about his affair with a colleague.

Three women who worked at the Century 21 Westside real estate office at Taringa where the accused was principal testified their colleague, Toni McHugh, stopped working at the office suddenly in late 2011.

All three women described being called in to a meeting with Gerard Baden-Clay, who explained he had been having an affair with Ms McHugh and that his wife had found out.

Receptionist Gabrielle Cadioli said Baden-Clay had told her he loved Ms McHugh but she could not work at the agency any more.

Assistant property manager Kate Rankin told the court she had known about the affair for several months before Allison became aware of it.

Under cross-examination, Ms Rankin said Baden-Clay was a good boss who was always very pleasant.

The court also heard Baden-Clay sounded very casual on the phone on the morning he reported his wife missing.

Wendy Mollah, a close friend of Allison, told the court she became aware of Baden-Clay’s affair with another woman and told Allison in September 2011.

She said Allison told her later that she had confronted her husband and demanded his mistress leave the business.

Ms Mollah said on the day Mrs Baden-Clay was reported missing in April 2012, she spoke to the accused and he sounded very casual for someone whose wife had disappeared.

Under cross-examination from the defence, Ms Mollah said she last saw her friend three weeks before her disappearance and that Allison was still finding it difficult to deal with her husband’s affair.

The trial will resume on Monday.

stains in car7

 

Gerard Baden-Clay Trial-Day 3


The Allison Baden-Clay Murder

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Source

AAP
12 Jun 2014 – 11:11 AM  UPDATED 12 Jun 2014 - 6:52 PM
A woman’s cry and screams were heard coming from the Baden-Clay’s house the night Brisbane mother Allison Baden-Clay vanished, a court has heard.

A woman’s cry rang out in the Baden-Clays’ suburban Brisbane street the night Allison Baden-Clay vanished, a court has heard.

Neighbours have told the murder trial of Gerard Baden-Clay they heard a yell or screams coming from the direction of the couple’s house on the night of April 19, 2012.

Baden-Clay, a former real estate agent, reported his 43-year-old wife missing from their Brookfield home in Brisbane’s west the next morning.

He is standing trial in the Brisbane Supreme Court charged with her murder.

“I can’t describe it as a scream, it was more of a startled, cut-short exclamation,” said Kim Tzvetkoff, who lived across the road from the couple.

His wife Julie said she heard “a sharp yell out, like an urgent yell out”.

“I believe it came from the area of the Baden’s house,” she told the court.

Several streets away, Fiona White said she heard two high-pitched screams, like “someone falling off a cliff”, about the date of the woman’s disappearance.

Another local woman told the court she heard an argument, a scream, a “loud thud” and the screech of car tyres that night.

Under cross examination she agreed she didn’t tell police when they doorknocked her house 10 days later, and didn’t report it until May 30.

And a man who lived 500 metres from the bridge above where Allison Baden-Clay’s body was found said he heard two heavy thuds “like a sandbag” being thrown on the ground, then a car door shutting that night.

Meanwhile, Gerard Baden-Clay’s father told the trial that although he was very close to his son, Gerard and Allison had been a “private” couple.

Nigel Baden-Clay’s first statement in the witness box was to correct the prosecutor’s pronunciation of his son’s given name.

Mr Baden-Clay told the court he found out about Allison’s depression well after she married his son, and that sometimes when he visited them the house would be in semi-darkness, with Allison lying on the couch.

He said his son phoned him on the morning of April 20, 2012.

“Gerard said to me, dad, I don’t want to alarm you but have you seen Allison?” he said.

“She hasn’t come back from her walk yet and I’m a bit worried about it.”

According to Mr Baden-Clay, his son sounded “anxious but trying to be calm” and the older man went straight over to mind the children while his son looked for his wife.

Allison Baden-Clay’s body was found 10 days later on a creek bank in nearby Anstead.

Baden-Clay, 43, has pleaded not guilty to murder.

He again shed tears during Thursday’s proceedings when a distressing video recording of his youngest daughter being interviewed by police the day her mother went missing was played to the jury.

Baden-Clay cried in the dock on Wednesday when similar recordings of his two other daughters were shown.

The trial continues.

 

Gerard Baden-Clay Trial-Day 2


The Allison Baden-Clay Murder

The Allison Baden-Clay Murder

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Court shown emotional tapes of police interviews with Allison Baden-Clay’s daughters

Updated Thu 12 Jun 2014, 6:01am AEST

A Supreme Court jury has been shown tapes of emotional interviews with two of the daughters of Allison Baden-Clay, whose husband is on trial for her murder.

The police interviews were recorded in April, 2012, on the day Allison was reported missing by her husband.

Her body was found on a creek bank under the Kholo Creek bridge at Anstead in Brisbane’s west, about 10 kilometres from the couple’s Brookfield home.

Gerard Baden-Clay, 43, a former real estate agent has pleaded not guilty to murder.

He cried in the dock as he watched the recorded interviews with his daughters.

In one of the interviews, one daughter broke down in tears while describing her family’s efforts to find Allison that morning.

When I said ‘where’s mum,’ he said ‘I think she’s gone for a walk’.

Allison Baden-Clay’s daughter

She said she had noticed nothing unusual about her mother when she had put her to bed the night before, or when she had seen her watching TV on the couch later that night.

She also said she noticed a band-aid on her father’s face the following morning.

Her younger sister likewise heard nothing unusual during the night, but also spotted the band-aid on her father’s face the following morning.

“He scraped himself with his old shaver thing,” the girl told police in a separate interview also recorded the day Allison was reported missing.

The younger child said she had never seen or heard her parents fight, while her older sister said their arguments were brief.

The court also heard the older daughter describing the family’s concern when her mother did not return from a morning walk on the day she disappeared.

She said she believed her mother had gone for a walk around 5.00am, but had not returned two hours later.

“We were all sitting at home and getting ready for school … and really worried,” she said.

“Our grandfather and aunty came to help just search around to see if she was still walking or not.”

She said she remembered waking up and looking at a clock, that it was 6.30am and that her dad was awake.

“When I said ‘where’s mum,’ he said ‘I think she’s gone for a walk’.

“She wasn’t there coming up the driveway.

“Dad was trying to keep calm for us. I don’t know actually what was going on in his head,” she said, crying and taking tissues.

Prosecutor Todd Fuller has told the court experts will testify the scratches on Gerard Baden-Clay’s face were more consistent with an injury caused by a fingernail than a razor.

TRIAL FACTS -THE LEGAL EAGLES IN THE CASE

Justice John Byrne: Justice Byrne has presided over recent high-profile cases including the trials of Bundaberg surgeon Jayant Patel and convicted triple murderer Max Sica. The Brisbane Boys’ College graduate studied law at the University of Queensland. He was appointed a judge of the Supreme Court in 1989 and was appointed senior judge administrator of the court in 2007.
Crown prosecutor Todd Fuller QC: One of Queensland’s top silks, Mr Fuller is an assistant director of the Office of the Director of Public Prosecutions. He studied law at the University of Queensland and was admitted as a barrister in 1989. Mr Fuller was appointed principal crown prosecutor at the DPP in 2003. In recent years, he has successfully prosecuted cop killers Phillip Graeme Abel and Donna Lee McAvoy and triple murderer Max Sica.
Crown prosecutor Danny Boyle: Mr Boyle acts as a consulting Crown prosecutor for the Director of Public Prosecutions. He graduated from the Queensland University of Technology with a Bachelor of Laws in 1984 and was admitted to the bar just four years later. He was involved in successfully prosecuting the man and three teenagers convicted of bashing to death the uncle of rugby league star Johnathan Thurston in 2011.
Defence counsel Michael Byrne QC: Formerly the deputy director of Public Prosecutions, Mr Byrne now sits on the opposite side of the bar table. He studied law at the University of Queensland and was first called to the bar in 1977. He defended Bundaberg surgeon Jayant Patel last year and represented cop killers Phillip Graeme Abel and Donna Lee McAvoy. It will be the first time Mr Byrne meets Mr Fuller in a Supreme Court trial since the trial of Abel and McAvoy in September last year.
Defence solicitor Peter Shields: Mr Shields, a former police officer, is one of few accredited criminal specialist solicitors in Queensland. He studied law at the Queensland University of Technology and was admitted to practice as a solicitor in Queensland and New South Wales in 1998, before opening his own practice in New Farm.

 

 

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