The hunt for the killer of tragic ‘suitcase girl’ found at Wynarka SA

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We have all seen this tragic story on TV, in the papers, online and radio. I cannot fathom that there is nobody out there that knows something about the little girl who has died and been dumped in the most awful of ways and said NOTHING. Posting here hopefully will help. Our friends at webslueths are doing everything they can to bust open this mystery, congrats!

Sally, Gaf and Miss X: The clothing tags police identify as the latest chilling clues in the hunt for the killer of tragic ‘suitcase girl’… but her identity is STILL a mystery

  • Police have released images of five clothing tags found in a suitcase
  • The skeleton of the girl was found dumped with the suitcase of clothing on a highway near a remote outback South Australian town 
  • The tags of the five unidentified items of clothing indicate they are from brands Gaf, H.F., Miss X Australia, Sally and Haolailh 
  • Investigators are tracking down brands in the hope of identifying child 
  • Earlier mothers on a blog identified the black tutu found with the bones  

Police have released images of more clothing tags in the hope of finding the murderer of a young girl whose body was found in a suitcase beside a highway last month.

South Australian detectives have revealed that of around 50 items of clothing found with the child’s remains, they are yet to identify the brands of five items.

The bones, which police say belong to a girl aged between two and four years old who died up to eight years ago, were found dumped on the Karoonda Highway about 2km west of Wynarka in South Australia.

The tags of the five unidentified items of clothing indicate they are from brands Gaf, H.F., Miss X Australia, Sally and Haolailh.

Police have released more images of clothing found in a suitcase with the remains of a young girl last month

Police have released more images of clothing found in a suitcase with the remains of a young girl last month

They hope by revealing the tags on the clothes it will bring them closer to whoever was responsible for the child's death

The Haolailh tag is from the distinctive Dora The Explorer top, one of the more recognisable items along with the navy blue Cotton On tutu, according to News Corp.

‘We hope either a retailer or member of the public may be able to identify where the items have been or still are sold,’ Major Crime officer-in-charge Detective Superintendent Des Bray said.

‘The Dora the Explorer top is pretty individual and someone may remember this and remember seeing a little girl they once knew wearing it.’

Locating the buyer of a dark blue tutu found in the suitcase is one of the other strong lines of inquiry being taken by police.

This tag came from a distinctive Dora The Explorer top found in the suitcase

'We hope either a retailer or member of the public may be able to identify where the items have been or still are sold,' Major Crime officer-in-charge Detective Superintendent Des Bray said

‘We hope either a retailer or member of the public may be able to identify where the items have been or still are sold,’ Major Crime officer-in-charge Detective Superintendent Des Bray said

This Miss X Australia label is also one of the brands investigators are still trying to locate

This Miss X Australia label is also one of the brands investigators are still trying to locate

Late last month a group of mothers on the ‘websleuths’ online forum uncovered new clues in the case of the murdered ‘suitcase girl’ whose remains were dumped with a bag of children’s clothing by the side of the road in a remote outback railway siding town.

In a discussion on a websleuths.com forum, the women have identified the distinctive black tutu adorned with large sequins as a Cotton On brand dress for young girls which was discontinued several years ago.

The keen-eyed blog posters also identified the item originally described as a child’s ruler as a Lanza brand luggage tag, probably from the faded bag in which the remains lay amid numerous items of clothing, and a patchwork quilt found in a degraded state as an ‘I-spy’ quilt.

When one woman blogger named Pheme on the websleuths.com online forum spotted this distinctive little girls' black tutu dress, she knew it was the same model as the one she had bought her daughter from Cotton On and that it had been made a few years ago 

When one woman blogger named Pheme on the websleuths.com online forum spotted this distinctive little girls’ black tutu dress, she knew it was the same model as the one she had bought her daughter from Cotton On and that it had been made a few years ago 

Pheme's discovery sparked Snoop Dog on the websleuth forum to track down this ebay image of the black tutu dress with its distinctive cross-stitched large sequins, which differ in colour to a few of the sequins on the found dress, perhaps because of the garment's degradation lying for weeks in the open on an outback road

Keen amateur sleuths like Snoop Dog (who posted this on websleuth) are busily trying to solve the mystery of where the clothing found with the murdered girl's body might come from, thus leading detectives closer to the identification of the skeletal remains of the 2 to 4-year-old dumped by an outback highway in July

Keen amateur sleuths like Snoop Dog (who posted this on websleuth) are busily trying to solve the mystery of where the clothing found with the murdered girl’s body might come from, thus leading detectives closer to the identification of the skeletal remains of the 2 to 4-year-old dumped by an outback highway in July

Thought at first to be a child's ruler, the metallic object above was soon identified on websleuth.com as actually coming from a suitcase, which police then identified as a Lanza brand piece of luggage

Spotted: websleuth poster astorytold (above) promptly identified the 'child's ruler' as a luggage label for the Lanza brand, which was sold by the shop Strandbags but seems to be no longer widely available

Spotted: websleuth poster astorytold (above) promptly identified the ‘child’s ruler’ as a luggage label for the Lanza brand, which was sold by the shop Strandbags but seems to be no longer widely available

The Lanza logo with its distinctive diagonal motif belongs to a brand of luggage which appears to be no longer  widely available which fits in with the South Australian police estimated date of the murder of the little girl dumped with the suitcase, possibly as far back as 2007

This websleuth blogger also recognised the black tutu, saying her daughter wore a similar garment until she was about four years old, placing the item in the age framework put forward by police who believe the murdered girl was a preschooler of Caucasian appearance with fair hair and about 90cm tall

This websleuth blogger also recognised the black tutu, saying her daughter wore a similar garment until she was about four years old, placing the item in the age framework put forward by police who believe the murdered girl was a preschooler of Caucasian appearance with fair hair and about 90cm tall

This weather-beaten suitcase (above) was dumped by the Karoonda highway and lay there for weeks until a passer by stopped and and inspected it, along with children's clothes among which was the skeleton of an unidentified murdered girl

 This weather-beaten suitcase (above) was dumped by the Karoonda highway and lay there for weeks until a passer by stopped and and inspected it, along with children’s clothes among which was the skeleton of an unidentified murdered girl

An original Lanza brand suitcase (pictured) which SA police presented at a press conference about the continuing investigation into the murdered 'suitcase girl' dumped 120km south-east of Adelaide

An original Lanza brand suitcase (pictured) which SA police presented at a press conference about the continuing investigation into the murdered ‘suitcase girl’ dumped 120km south-east of Adelaide

Online speculation has been rife since South Australian police revealed the discovery of the bag with the skeleton of a young girl who police say died ‘a violent and terrible death’.

The bones were found dumped on the Karoonda Highway about 2km west of Wynarka in South Australia.

A tiny railway siding township 120km south-east of Adelaide, Wynarka lies on the truck route between the South Australian grain belt and Port Adelaide.

Residents living in the handful of houses at Wynarka noticed a ‘mystery man’ carrying a suitcase on the Karoonda Highway on April 13 and May 26. The man was about 60 years old, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.

Detectives are trying to identify the body of young child

When SA Police released this image of this badly degraded but colourful quilt found with the child's body, quilters quickly went to work identifying seven of the fabrics used in the hexagonal patches, including the 'musical note' material in the border which was sold at Spotlight fabric outlet some years ago

Exact matches: The musical note and pumpkin patterned fabrics were identically matched by police with help from the public, and quilting experts have spread the word through mothers’ quilting groups and online forums which have lit up with discussions by people keen to solve the mystery of the dead girl’s origins

Quilters took to the SA Police Facebook page to write about the 'musical note' fabric and to say they had passed on the mystery information to their mother's quilting group in the hope of helping to crack the case

Quilters took to the SA Police Facebook page to write about the ‘musical note’ fabric and to say they had passed on the mystery information to their mother’s quilting group in the hope of helping to crack the case

Can you fill in the gaps?: Seven hexagonal squares out of 25 plus the border in the degraded quilt (left) have had their fabric positively identified (right), with the star material being a Spotlight fabric possibly made in the US, and readers eagerly trying to match up the faded remnants with textile patterns they know

Can you fill in the gaps?: Seven hexagonal squares out of 25 plus the border in the degraded quilt (left) have had their fabric positively identified (right), with the star material being a Spotlight fabric possibly made in the US, and readers eagerly trying to match up the faded remnants with textile patterns they know

Another clue: Mellisa Preusker, writing on the police Facebook page, is still trying to identify the more faded patchwork pieces in the degraded quilt found with the murdered girl's body, believing one to depict a unicorn

Another clue: Mellisa Preusker, writing on the police Facebook page, is still trying to identify the more faded patchwork pieces in the degraded quilt found with the murdered girl’s body, believing one to depict a unicorn

Daniella Erin thought the same patch believed to be 'a unicorn' was possibly a cartoon face of a lady, perhaps a Lorelei, but while she recognises it she cannot 'for the life of me' pin down where she knows it from

Daniella Erin thought the same patch believed to be ‘a unicorn’ was possibly a cartoon face of a lady, perhaps a Lorelei, but while she recognises it she cannot ‘for the life of me’ pin down where she knows it from

On July 15, a motorist who claimed they were ‘drawn to something on the side of the road’, found a faded suitcase lying open with clothing and other items scattered nearby close to the road and near a set of low bushes dotting the landscape.

When police investigated, they noticed a jawbone poking through piles of children’s clothing.

Stuffed into a 40cm wide weather-beaten case, in between a Dora the Explorer t-shirt and pink tracksuit pants, a pink toweling slipper, black tutu dress and satin Size 2 boxer shorts with kittens and teddy bears on them, were the skeletal remains of a child.

Forensic officers who examined the bones say the girl was between two-and-a-half and four years old, Caucasian with fair hair and could have died up to eight years ago.

The skeleton of the murdered girl was found in a suitcase dumped on the Karoonda Highway near Wynarka (above), a tiny railway siding township 120km south-east of Adelaide, lying on the truck route between the South Australian grain belt and Port Adelaide

Residents living in the handful of houses at Wynarka noticed a 'mystery man' carrying a suitcase on the Karoonda Highway on April 13 and May 26. The man was about 60 years old, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed 

The folorn sight of this little girl's pink slipper found with the murdered child's remains has so far sparked no recognition from the public

Daily Mail Australia could find only one partial match for the found slipper, a French 'chausson' (above) for 0-18 month old girls strikingly similar in design but with a 'Hello Kitty' motif instead, suggesting the butterfly slipper may be a copy

The folorn sight of a little girl’s pink slipper (left)  found with the slain child’s remains has sparked no matches to date, with Daily Mail Australia finding only the French slipper (right) for 0-18 month old girls strikingly similar in design but with a ‘Hello Kitty’ motif inbstead, suggesting the butterfly slipper may be a copy

The gap between the estimated time of the girl’s terrible death and the dumping of her remains fits in with what the websleuth bloggers have deduced about the origins of the clothing.

Police released photographs of the black tutu dress, the pink slipper embroidered with a butterfly motif, a smiley-faced T-shirt, what they originally thought was ‘a child’s ruler’, two pairs of boxer shorts made from the teddy bear and kitten patterned fabric, and the faded suitcase.

The photographs sparked excited chatter among the websleuth bloggers who quickly identified the ‘child’s ruler’ as the plastic tag from a Lanza brand bag, with its distinctive diagonal logo.

They moved on to the issue of  the black tutu dress, which also had a distinctive feature of large coloured sequins cross-sewn onto the tulle skirt of the garment.

The amateur sleuthing of the blogger mum and others who have posted on a police Facebook page place the clothing or fabric as dating back to at least seven years ago, tying in with the date SA police estimate the child was murdered.

Websleuth blogger Pheme quickly identified the tutu dress as ‘from a store called Cotton On. My daughter had the same one when she was about 2. Not sure how long they stocked it for though or even if they still do’.


The murdered girl in the suitcase

Found: On July 15 on the outback Karoonda Highway near Wynarka, 120km south-east of Adelaide

Sighting: 60-year-old clean cut, well-dressed Caucasian man seen April-May carrying a suitcase on the highway

The victim: 

  • • Believed to be a girl who died ‘a violent and terrible death’
  • • Aged 2.5-4 years at time of death 
  • • Likely Caucasian
  • • Had fair hair, 18cm long
  • • Was 90-95cm tall
  • • Was killed at another location
  • • Was killed some time since the start of 2007

Items found with the skeletal remains of the victim:

Black sequinned tutu dress, pink slipper with butterfly motif, Dora the Explorer outfit, boxer shorts, patchwork quilt and a Lanza brand suitcase

Snoop Dog responded, finding a photograph on ebay of an almost identical black tutu made by the Australian clothing giant Cotton On.

The only difference was the large cross-sewn sequins were of a single pale pink colour, whereas on the tutu found with the slain child, some of the sequins appeared blue or green, but this could have been as a result of the weathering which has also seen the deteriorated black bodice of the outfit lose much of its colour.

Daily Mail Australia has also identified a pink slipper, strikingly similar in design of the found item, but with a ‘Hello Kitty’ motif instead of the embroidered butterfly design.

Police then released a photograph of a badly degraded, colourful quilt, and quilters lit up the South Australian Police Facebook page with a discussion about the origin of the fabric squares in the quilt design.

Following this, the SA Police released a further image of the 90cm square quilt along with seven octagonal patches identified by their fabric, featuring musical notes, stars, teddies, a camel, pumpkins, flowers, insects and animals.

Detective Superintendent Des Bray, the officer in charge the SA Police Major Crime Investigation Branch, said the identified quilt patches included the pumpkin design and the musical notes border, which were an exact match, and the other fabric patches were a close likeness.

Supt Bray said the images of the items found with the girls’ remains had sparked a massive public response.

On the SA Police Facebook page, quilter Emma Stenhouse wrote that the kind of quilt in the photo released by SA Police was often called an ‘I-spy’ quilt as they could be used with children playing the I-spy game.

Emilee Egeberg went to Google images and wrote on the Facebook page that she had found a product called an ‘I spy kids quilt’ from 2008, which had the exact musical note fabric in some of its patches.

Could this 'I-spy' quilt be made by the same quilt maker who produced the degraded item found with the body of the murdered girl dumped by the South Australian highway in July?

Could this ‘I-spy’ quilt be made by the same quilt maker who produced the degraded item found with the body of the murdered girl dumped by the South Australian highway in July?

After Facebook poster Emma Stenhouse identified the quilt as possibly from a series of patchwork quilts called 'I-spy' used in the game of the same name played with children, Emilee Egeberg wrote (above) that she went on to Google images to find a quilt with the exact musical note and star fabric of the found item

After Facebook poster Emma Stenhouse identified the quilt as possibly from a series of patchwork quilts called ‘I-spy’ used in the game of the same name played with children, Emilee Egeberg wrote (above) that she went on to Google images to find a quilt with the exact musical note and star fabric of the found item

Heather Symons wrote that the musical note fabric had been around 20 years ago, sold by the Spotlight fabric outlet, and that the star fabric was from the same series.

Emma Rains shared the information with ‘my Mum’s patchwork group’, saying ‘someone must know something’.

Speculation that the fabric from the United States, meaning the quilt was possibly American-made, was quashed by the SA police, who said the fabric was probably imported from the US and sold here.

Other posters on the police Facebook page, who are taking a closer look at the patchwork designs, may come up with further clues.

Mellissa Preusker thought she could identify the ‘2nd hexagon from the right, top row. Looks like a ‘Unicorn’ fabric with a white unicorn head (facing to the left) and pink background. Seems familiar, but not sure where i have seen it.’

Daniella Erin wrote on the page that she recognised the ‘cartoon face of a lady … but for the life of me I can;t figure out from where. Maybe a Loralie design?!? I’m hoping somebody else does. It’s been driving me nuts.’

SA Police are continuing their investigation and say they have excluded 32 missing children as the potential victim.

Anyone who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/


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The following are media releases, photographs and press conferences relating to the discovery of a child’s skeletal remains near the Karoonda Highway about 2kms west of Wynarka in the Murray Mallee region. The remains were located by a member of the public on 14 July 2015, with police advised early 15 July. Anyone with information about the matter is urged to call Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

These items are in chronological order – with the oldest items at the bottom of the page.

A poster relating to the murder can be downloaded here.

5 August 2015

Task Force Mallee investigators fan out from Wynarka

Task Force Mallee investigators continued their widespread canvass of the Wynarka area today in relation to the ongoing investigation into the murder of an unidentified little girl.

Officers from the Task Force, along with police from the Murray Mallee Local Service Area and State Tactical Response Group, yesterday began canvassing within a 25km radius of where the child’s remains were found in July, seeking information from the community.

The little girl was found, along with a faded suitcase, items of clothing and a degraded quilt, discarded near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region.  Her identity remains a mystery.

As part of the door-knock, police are speaking with residents, businesses operators and employees, schools, doctors and anyone else connected with the local community.

“Today our officers fanned out from the township of Wynarka to visit farming properties within the search zone,” said Detective Inspector Greg Hutchins, Major Crime Investigation Branch.

“There are many unknowns with this case.

“This is a horrific case centred on the murder of a young girl -someone must know something.

“A police forward command post has been established at the Karoonda Football Club and anyone with information is welcome to stop by and talk with police.”

Posters and letters will be distributed throughout the wider community and across the Murray Mallee Local Service Area as part of the operation.

The posters feature the distinctive black tutu dress and quilt found with the remains.  Of note, only 28 of the Cotton On Kids dresses were sold within South Australia about eight years ago.  The quilt was handmade, but machine-stitched.

To date 643 reports have been made to Crime Stoppers in connection with the case, and 60 children eliminated as potential victims.

Police are also seeking further information about a man seen in the area with a dark suitcase on both 13 April and 26 May.

Seen by locals who did not recognise him, he is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.

Anyone with information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

What police know about the girl:

* Aged 2.5-4 years at time of death

* Likely Caucasian

* Had fair hair, 18 cm long

* Was 90-95 cm tall

* Was killed at another location

* Was killed some time between the start of 2007 and 12-18 months ago

4 August 2015

Wide-spread canvass of Wynarka area begins

Task Force Mallee will today begin a large-scale canvass of the Wynarka area as the investigation into the discovery of a little girl’s remains continues.

Officers from the Task Force, along with police from the Murray Mallee Local Service Area and State Tactical Response Group, will begin doorknocking in the area around where the discovery was made in July, seeking information from the community.

The little girl was found, along with a faded suitcase, items of clothing and a degraded quilt, discarded near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region.

“We believe that someone in this area will have vital information for investigators,” Detective Superintendent Des Bray, the officer in charge of the Major Crime Investigation Branch, said.

“Someone loved this little girl. Someone other than her killer knows who she is and what happened to her.

“We are appealing to that person to come forward and talk to us.”

Dtv-Supt Bray said police would be speaking with residents, businesses operators and employees, schools, doctors and anyone else connected with the local community.

Today he noted that a quilt and a little black dress – which were both found with the girl – may hold the key to identifying her.

“The reality is we haven’t had anybody come forward that has had that exact quilt so we do think that quilt is still very distinctive and could hold the key to solving this,” he said.

He also noted there were only 28 dresses sold by Cotton on Kids throughout South Australia about eight years ago and it was not sold over the internet or in markets “so again that dress may hold the key”.

Black tutu style dress

“It’s a very challenging investigation and I don’t think that anyone would have thought that weeks later we would still be trying to identify the little girl.

“But every day we’ve been able to find out a little bit more than the day before and if every day continues like that then I’m happy.

Posters and letters will be distributed throughout the wider community as part of the operation.

“At this time we will be canvassing a 25km radius around where she was found, but we may extend that as the inquiry continues,” he said.

“Police will be establishing a forward command post at the Karoonda Football Club today (4 August), and anyone with information is welcome to stop by and talk with police.”

Data provided by the community will be cross referenced as Task Force Mallee investigators continue to follow leads in the inquiry into the girl’s identity and death.

 

At this time 610 reports have been made to Crime Stoppers in connection with the case, and 55 children eliminated as potential victims.

Police will also be seeking further information about a man seen in the area with a dark suitcase on both 13 April and 26 May.

Seen by locals who did not recognise him, he is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.

“Despite many inquiries about the man with the suitcase we have been unable to identify him,” Det-Supt Bray said.

Anyone with information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

What police know about the girl:

* Aged 2.5-4 years at time of death

* Likely Caucasian

* Had fair hair, 18cm long

* Was 90-95cm tall

* Was killed at another location

* Was killed some time since the start of 2007 and 12-18 months ago

Poster

31 July

Task Force Mallee expanded

An additional five police officers have been assigned to Task Force Mallee as SA Police continue to investigate the death of a little girl whose skeletal remains were found alongside the Karoonda Highway earlier this month.
The officer in charge of the Major Crime Investigation Branch, Detective Superintendent Des Bray said lines of inquiry are also being issued to detectives across the state on a daily basis.
He added that while forensic work is continuing, it has been confirmed that the remains are those of a girl.
She was found by police, along with a faded suitcase, items of clothing and a degraded quilt (pictured top right), near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region on 15 July.
Taskforce Mallee was established in the wake of the discovery with 15 police officers initially assigned to the investigation, along with a significant forensic response.
To date 550 reports have been made to Crime Stoppers in connection with the case, and 53 children have been eliminated by investigators as potential victims.
“The massive public response has generated many lines of inquiry in addition to opportunities being identified by investigators,” Dtv-Supt Bray said.
“All of this information is assessed, prioritised and issued for investigation on a daily basis.
“The investigation is continuing at full speed while we await the results of forensic analysis.”
He noted that despite receiving a very large number of calls in respect to the homemade, machine-sewn quilt, the information supplied has not resulted in Task Force Mallee identifying a potential victim at this stage.
Police are also still seeking to identify a man seen in the area with a dark suitcase on both 13 April and 26 May.
Seen by locals who did not recognise him, he is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.
“Despite many inquiries about the man with the suitcase we have been unable to identify him,” Det-Supt Bray said.
Anyone with information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/
What police know about the girl:
* Aged 2.5-4 years at time of death
* Likely Caucasian
* Had fair hair, 18cm long
* Was 90-95cm tall
* Was killed at another location
* Was killed some time since the start of 2007

29 July 2015

Task Force Mallee rules out Madeleine McCann

Missing UK girl Madeleine McCann has been ruled out as the victim in the South Australia Police inquiry into a child’s remains found at Wynarka earlier this month.

The officer in charge of the SA Police Major Crime Investigation Branch, Detective Superintendent Des Bray today said that 43 children had now been eliminated as potential victims.

“I can confirm that Madeleine McCann has been totally excluded as a potential victim and UK Police have been advised,” he said. “Task Force Mallee has no further comment to make about this line of inquiry.”

To date there have been 511 reports made to Crime Stoppers since the child’s remains were found –  along with a faded suitcase, items of clothing and a degraded quilt – near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region on 15 July.

What police know about the child:

*             Believed to be a girl

*             Aged 2.5-4 years at time of death

*             Likely Caucasian

*             Had fair hair, 18cm long

*             Was 90-95cm tall

*             Was killed at another location

*             Was killed some time since the start of 2007

Anyone who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au

27 July 2015

‘Massive’ public response regarding Wynarka child

More than 400 reports have been made to Crime Stoppers in connection with the discovery of a little girl’s remains near the Karoonda Highway on 15 July.

Detective Superintendent Des Bray, the officer in charge the SA Police Major Crime Investigation Branch, said there had been a massive response from the public in relation to the murder inquiry – with a total of 410 reports made to Crime Stoppers, including 194 since Friday.

The child’s remains were located along with a faded suitcase, items of clothing and a degraded quilt near the highway about 2km west of the Wynarka township in the Murray Mallee region.

Images of the distinctive 90cm x 90cm homemade quilt were released on Sunday following forensic examination, and today Task Force Mallee investigators released a further digital image with seven of the quilt’s 25 octagonal patches now identified.

The image of the pumpkins and the 125mm-wide border fabric featuring music notes are exactly the same as those on the original quilt and the other images are a very close likeness, Det-Supt Bray said.

“We are extremely grateful for the level of community support we have received, and as a result of that support the investigation continues to progress each day,” he said.

At this time 32 children have been excluded as potential victims.

“It is highly unlikely that the victim in Madeleine McCann,” he added.

“At this time our inquiries will focus on where the evidence leads us in this investigation and at this point that primary focus remains within Australia.”

What police know about the child:

*             Believed to be a girl

*             Aged 2.5-4 years at time of death

*             Likely Caucasian

*             Had fair hair, 18cm long

*             Was 90-95cm tall

*             Was killed at another location

*             Was killed some time since the start of 2007

Anyone who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

Digital image of quilt

26 July 2015

Quilt may hold key to Wynarka child’s identity

Photographs of a degraded quilt located, along with the remains of a child, at Wynarka earlier this month, have been released by Task Force Mallee investigators today.

Following close forensic examination, details of the 90cm x 90cm quilt have been released to the public in a bid to identify the child, who police believe was a young girl aged two-and-a-half to four at the time of her death.

Her skeletal remains were found along with a suitcase, items of clothing and the quilt near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region on 15 July.

The officer in charge of the Major Crime Investigation Branch, Detective Superintendent Des Bray, said on Friday that police believe the child could have died up to eight years ago and that she was killed at another location.

At some stage she was placed in the suitcase before it was left at the Wynarka location – sometime since mid-March.

Investigators believe the suitcase and its contents – including the child – were left at the location by an unknown person behind a bush and that at some stage someone tipped most of the contents out behind a nearby bush and left the suitcase near the roadside.

Among those items was the quilt, which appears to be homemade although it’s been machine-stitched.

That fact, along with its filling of a light-coloured polyester material, could indicate that its maker intended it to be washed regularly, police believe.

Dtv Supt Bray also noted that much of the quilt is badly degraded, but the fabric which is still intact reveals a wide border of black material illustrated with musical notes along with images of a pumpkin patch, a camel and dragonflies.

“It has been suggested this is a so-called i-Spy quilt which is especially constructed to allow a parent to play i-Spy with the child using the images stitched into the blanket,” he said.

“Someone loved that little girl and either made her, or gave her, that quilt. I would appeal for whoever loved her to get in touch with us.”

He added that investigators with Task Force Mallee continue to follow lines of inquiry, with 273 calls made to Crime Stoppers to date.

As a result, police have eliminated 25 children from the investigation who have been nominated as potential victims, but have been determined to be alive.

Police are still appealing to a man seen in the area about six to eight weeks ago with a dark suitcase to come forward. They have confirmed sightings of him with a suitcase near Karoonda on both 13 April and 26 May.

Described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed, he was seen by a number of locals in the area and investigators are seeking to identify him and potentially exclude him from the inquiry.

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

What police know about the child:

*             Believed to be a girl

*             Aged 2.5-4 years at time of death

*             Likely Caucasian

*             Had fair hair, 18cm long

*             Was 90-95cm tall

*             Was killed at another location

*             Was killed some time since the start of 2007

Quilt found with bones near Wynarka

23 July 2015

Wynarka child believed to be a girl

SA Police have today announced they believe the skeletal human remains found near Wynarka last week are those of a girl aged two-and-a-half to four years.

At a press conference today, the officer in charge of the Major Crime Investigation Branch Detective Superintendent Des Bray, also announced that investigators believe the little girl could have died up to eight years ago – potentially making her aged 10-12 years if she was alive today.

“While the forensic analysis has not yet provided a conclusive result regarding this child’s gender we are reasonably confident at this time that these are the remains of a girl who had fair hair and was 90-95cm tall,” he said.

A manikin with hair of a similar colour and length, dressed in new versions of items of clothing found with the body was displayed to the media today as Task Force Mallee investigators continue their inquiries into the child’s murder.

Police have received 223 call to Crime Stoppers  (ph 1800 333 000) in relation to the discovery of the remains, near the Karoonda Highway about 2km west of the Wynarka township in the Murray Mallee region, on Wednesday 15 July.

Clothing and a suitcase – a new version of which was also displayed by police today – were found along with the remains.

Investigators believe the suitcase and its contents – including the child – were left at the location by an unknown person behind a bush and that at some stage someone tipped most of the contents out behind a nearby bush and left the suitcase near the roadside.

While the suitcase now appears a grey colour, it was originally black and has faded.

Dtv-Supt Bray said the suitcase was first seen after road works were concluded in mid-March, but police are keen to hear from anyone who saw it, touched it or emptied its contents.

“We believe the child died elsewhere and was placed into the suitcase before being left at the Wynarka location,” he said.

“For reasons I’m not going to disclose we are confident that this child was murdered and we would appeal for anyone with information that might assist us to make contact.

“This is a tragic case and we continue to follow a number of lines of inquiry in a bid to identify this child.

“At this time 24 children have been nominated as potential victims, but have been ruled out by investigators who have determined that they are alive and not requiring any further police attention.”

Police are still appealing to a man seen in the area about six to eight weeks ago with a dark suitcase to come forward.

Described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed, he was seen by a number of locals in the area and investigators are seeking to identify him and potentially exclude him from the inquiry.

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

Mannequin and case

23 July 2015

Crime Stoppers receive 200 calls regarding Wynarka case

Forensic analysis of human remains found near Wynarka last week have not yet determined the child’s gender, however Task Force Mallee investigators have ruled out 20 children as victims.

SA Police have now had 200 calls to Crime Stoppers (ph: 1800 333 000) in relation to the discovery of the remains of a child, about 2km west of the Wynarka township in the Murray Mallee region, on Wednesday 15 July.

Major Crime detectives have released images of clothing found along with the child’s remains near the Karoonda Highway.

The clothing, including a purple Dora the Explorer T-shirt, blue pyjama shorts and a pair of pink track pants, were mostly found on the ground near a grey Lanza suitcase.

The suitcase and its contents – including the child – were left at the location by an unknown person behind a bush.

Police believe that at some stage someone tipped most of the contents out behind a nearby bush and left the suitcase near the roadside.

People driving along the road saw the suitcase over time, originally closed and later with the lid open. Some stopped and inspected it.

The suitcase was first discovered shortly after road works were completed in March this year.

“Identifying who emptied the suitcase contents behind the bush and when it was emptied is very important to investigators,” said Detective Superintendent Des Bray, Officer in Charge, Major Crime Investigation Branch.

“The person who did this is not in any trouble and we encourage that person to come forward and contact us through Crime Stoppers or attend their local police station.”

Det Supt Bray also noted that further sightings of a 60-year-old man with the suitcase around the same time have been reported to police.

Earlier police appeals have noted that a man was seen in the area carrying a dark suitcase, about 8am one morning about six to eight weeks ago.

Described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed, he was not a local.

“Identifying this man remains a priority so that he can be excluded if not involved,” Det Supt Bray said.

“Police continue to encourage this man or anyone who knows him to come forward and make contact with us.

“Forensic Science SA have been working very hard to identify the gender of the child and to obtain a DNA profile.

Despite their best efforts they have not been able to achieve that result yet, however they continue to be committed to the task using alternative methods of analysis.

“In the interim we need to be patient and we are actively investigating other lines of inquiry that are enabling us to progress the investigation.”

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online athttps://sa.crimestoppers.com.au/

20 July 2015

Forensic analysis of remains continues

Forensic analysis of human remains found near Wynarka last week has not yet determined the gender of the child, however, police have been able to rule out potential victims.

“Forensic Science staff are working very hard to deliver a result as quickly as possible.  We are hoping to be able to confirm the gender of the child this week.  A DNA profile is also being taken of the child, however, that will take longer, ” said Detective Superintendent Des Bray, Officer in Charge, Major Crime Investigation Branch.

Investigators have been assisted by 125 calls to Crime Stoppers since the bones were discovered.  Acting on information received from the public,  ten potential victims have been identified but detectives have been able to exclude them from the investigation.

Major Crime detectives have released images of clothing found along with the child’s remains near the Karoonda Highway at Wynarka last week.

The clothing, including a purple Dora the Explorer T-shirt, blue pyjama shorts and a pair of pink track pants, were found in a grey Lanza suitcase about two kilometres west of the Wynarka township in the Murray Mallee region, on Wednesday 15 July.

“The response we have received from the public is encouraging and we urge anyone that recognises any of the clothes to please contact police.

“We believe the child aged between 2 and 5 years was murdered at another location but the motive and the exact time frame is unknown.

“We are also seeking any information about a man seen by several people walking along the Karoonda Highway, carrying a dark suitcase, about 8am one morning about six to eight weeks ago.  He is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.  He was not a local.”

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

19 July 2015

Further images released of clothing found at Wynarka

Major Crime detectives trying to identify the body of a young child, have released further images of clothing found along with the child’s remains near the Karoonda Highway at Wynarka last week.

The clothing, including a purple Dora the Explorer T-shirt, blue pyjama shorts and a pair of pink track-pants, were found in a suitcase about 2kms west of the Wynarka township in the Murray Mallee region, on Wednesday 15 July.

“From 5pm last night police have received nearly 100 calls from the public to Crime Stoppers, which is encouraging and we urge anyone that recognises any of the clothes to please contact police,” said  Detective Superintendent Des Bray, the officer in charge of Major Crime Investigation Branch.
“Forensic Scientists are also working around the clock to help provide vital information to assist in the investigation.”

“We believe the child aged between 2-5 years was murdered at another location but the motive and the exact time frame is unknown” Det-Supt Bray said.

“We are also seeking any information about a man seen by several people walking along the Karoonda Highway, carrying a dark suitcase, about 8am one morning about six to eight weeks ago.
He is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.  He was not a local.” Detective Superintendent Bray Said.

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

Vision taken from the SAPOL Remote piloted aircraft (drone) which flew over the search area on Thursday 16 July, shows the terrain and Karoonda Highway, SES volunteers searching the area, and a large blue tent where the child’s remains were found.

Wynarka child's clothing

Wynarka clothing coat and pink pants

17 July 2015

Images released as police investigate child murder

Major Crime detectives trying to identify the body of young child today released images of clothing and a suitcase found along with the child’s remains near the Karoonda Hwy this week.

The remains, clothing and case were found at Wynarka, about 150km east of Adelaide in the Murray Mallee region, on Wednesday.

Taskforce Mallee has been established with 15 police officers now working on the investigation, along with a significant forensic response.

A post mortem was conducted this morning – but the gender of the child still remains unknown .

Further forensic testing will be required before a gender is known early next week, while a DNA profile may take longer due to the complexities involved in the forensic analysis.

“Police emphasise that while it’s possible that the victim is female, the presence of female clothes should not be taken as confirmation of that, or that the clothes belonged to the child,” Detective Superintendent Des Bray, the officer in charge of Major Crime Investigation Branch, said today.

“We are hoping that someone recognises the clothes and then can help us identify the child.”

Police are renewing their appeal for information that may lead to the identity of a man seen walking along the Karoonda Highway, carrying a dark suitcase, about 8am one morning about six to eight weeks ago.

He is described as being aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed. He was not a local.

Calls to Crime Stoppers have revealed the man was also seen on the highway walking with a suitcase west of Wynarka heading towards Murray Bridge.

Police are also calling on any drivers who may have dash-cam vision of the highway to contact police as they may have inadvertently recorded information in their trucks and cars that may assist with the investigation.

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or report online at https://sa.crimestoppers.com.au/

Suitcase and clothing

Clothing and case tag

17 July 2015

Detective seek information from public after bones found near Wynarka

Major Crime detectives want to speak to a man seen carrying a suitcase on the Karoonda Highway, near where the remains of a child were found earlier this week.

Late on Wednesday morning, police were contacted by a motorist who discovered human bones near a suitcase just off the highway, about 2 km west of Wynarka in the Murray Mallee region.

Detectives have door-knocked the Wynarka region and appealed to anyone with information to come forward.

Detectives believe the body and suitcase were dumped at the roadside location some time within the last ten weeks.

Police have received information that a man was seen walking along the highway, carrying a dark suitcase, about 8am one morning about six to eight weeks ago.  He is described as aged about 60, of Caucasian appearance, average height, lightly built, clean cut and neatly dressed.  He was not a local.

Major Crime detectives are awaiting the interim results of a post-mortem to provide more details about the identity, age and gender of the human remains found near Wynarka this week.

Police have established the bones are the skeletal remains of a child.  Initial examinations of the remains have determined they are those of a child aged between 2 and 7 years.  The gender is not known at this stage.

The remains were transported to Adelaide where a post-mortem was undertaken yesterday afternoon.  A more detailed examination of items found with the body will also be conducted.

As part of the investigation, detectives are checking National Missing Persons registers.  There are no current missing persons from South Australia that match this description.

Anyone who saw the man or has seen the suitcase by the highway, or who has any information that may assist the investigation, is asked to contact Crime Stoppers on 1800 333 000 or online at https://sa.crimestoppers.com.au/

The investigation is ongoing.

16 July 2015

Wynarka investigation continues

Major Crime detectives have returned to the Karoonda Highway today following yesterday’s discovery of human remains.

Late on Wednesday morning, police were contacted by a motorist who discovered human bones just off the highway, about 2 km west of Wynarka in the Murray Mallee region.

Police have established the bones are the skeletal remains of a child.  Initial examinations of the remains have determined they are those of a child aged between 2 and 7 years.  The gender is not known at this stage.

The remains have been transported to Adelaide where a post-mortem will be conducted this afternoon.

Forensic examination of the scene is being conducted.  SES volunteers are assisting with a search of the area along the highway today.  The police drone is also being utilised to search from overhead.

Detectives believe the body and suitcase were dumped at the roadside location some time in the last four to six weeks.

As part of the investigation, detectives are checking National Missing Persons registers.  There are no current missing persons from South Australia that match this description.

The investigation is ongoing.

Detective Superintendent Des Bray, Officer in Charge of Major Crime Investigation Branch, spoke with SA Police News yesterday to update the public on the situation and appeal for information.  Listen to his interview here.

Anyone with information on the incident is asked to contact Crime Stoppers on 1800 333 000.

15 July 2015

Human bones found near Wynarka

Police including Major Crime Detectives are investigating the discovery of human bones near the Karoonda Highway about 2kms west of Wynarka in the Murray Mallee region.

Late this morning police were contacted by a member of the public after the bones were found just off the highway.

Police have established the bones are the skeletal remains of a child.

Forensic examination of the scene is currently being conducted.

The investigation is ongoing and further information will be provided as soon as possible.

Anyone with information on the incident is asked to contact Crime Stoppers on 1800 333 000.

 

SA Police rule out 10 potential victims after child’s remains found

Updated 20 Jul 2015, 3:57pm

Police have discounted 10 potential victims in their search for the identity of a child whose remains were found in bushland near Wynarka in South Australia last week.

The skeletal remains of a child aged between two and five were found behind a bush off the Karoonda Highway on Wednesday last week.

Police believe the remains were originally dumped inside a suitcase found at the location, two kilometres west of Wynarka, up to two-and-a-half months ago.

They said they had received 125 calls from the public, with “10 potential victims identified” but subsequently excluded from the investigation.

A forensic analysis of the human remains has not been able to establish its gender yet but police have already announced the child suffered a “violent, horrible death”.

“Forensic Science staff are working very hard to deliver a result as quickly as possible,” Detective Superintendent Des Bray said.

“We are hoping to be able to confirm the gender of the child this week.

“A DNA profile is also being taken of the child, however, that will take longer.”

Police are still searching for man seeing walking along the Karoonda Highway at Wynarka carrying a dark suitcase about six to eight weeks ago.

He was not a local and is described as being aged about 60, Caucasian, clean cut and neatly dressed with a light build.

Major Crime detectives have released images of clothing found along with the remains, including a purple Dora the Explorer T-shirt, blue pyjama shorts, and a pair of pink tracksuit pants, in the hope a member of public recognised them.

“We believe the child, aged between two and five years, was murdered at another location but the motive and the exact time frame is unknown,” Superintendent Bray said.

Roger Rogerson and Glen McNamara trial (for murder of Jamie Gao )

Featured


update 14/8/15

smh.com.au

Barrister Charles Waterstreet probed for contempt of court over social media posts in McNamara and Rogerson murder trial

Louise Hall
Charles Waterstreet (left) arrives at the murder trial of Roger Rogerson and Glen McNamara in July.Charles Waterstreet (left) arrives at the murder trial of Roger Rogerson and Glen McNamara in July. Photo: Ben Rushton

High-profile criminal barrister Charles Waterstreet may face contempt of court charges for alleged social media posts which had the potential to prejudice the trial of his client Glen McNamara and co-accused Roger Rogerson.

On Thursday, Justice Geoffrey Bellew formally vacated the trial of Mr McNamara and Mr Rogerson for the murder of university student Jamie Gao during a botched drug deal.

The trial was scheduled to go ahead on Monday, but will not proceed until early next year.

Justice Bellew ordered the registrar of the Common Law Division of the Supreme Court to investigate Mr Waterstreet for contempt of court.

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On Tuesday, as pre-trial hearings were under way, Justice Bellew was told of a post on an Instagram account in Mr Waterstreet’s name, being charleswaterstreet.

The post contained a picture of Mr Waterstreet and another man and was taken in the vicinity of the Darlinghurst Supreme Court.

It had a caption, the contents of which Justice Bellew has suppressed.

Mr Waterstreet told Justice Bellew he did not post the picture and caption.

The court also heard a Twitter account in Mr Waterstreet’s name at @ccwaterstreet posted a link to the Instagram post.

Justice Bellew said he had “no practical alternative” to vacate the trial despite the considerable expense to the taxpayer.

He said it was no fault of the court, the “criminal justice system”, the Crown, Mr Rogerson’s solicitor and barrister or Mr McNamara’s solicitor and said each had worked diligently to ensure the trial proceeded efficiently.

“To say the vacation of the trial is unfortunate would be a gross understatement,” he said.

But he said Mr McNamara, through no fault of his own, was suddenly left without a barrister on Wednesday morning, just days from the opening date, and to proceed would potentially rob him of a fair trial.

Former Liberal NSW Attorney-General Greg Smith, SC, appeared in court, saying Mr McNamara wanted to retain him and Mr Waterstreet’s junior counsel Peter Lange. However, he would not be able to take on the case until next year.

Mr Rogerson’s barrister, George Thomas, argued strongly for the trial to be put back for only two weeks, arguing a competent and experienced barrister who is available to take on the case could get across the brief in that time.

He also accused Mr McNamara of instructing Mr Waterstreet to act in a way that caused the case to go off the rails.

However, Justice Bellew dismissed any suggestion Mr McNamara was behind Mr Waterstreet’s alleged actions.

He also said any barrister taking over the case would need much more than two weeks to get across the volumes of material to be tendered during the trial.

Mr Smith said he was hoping the Legal Aid Commission would approve his retainer.

Mr Thomas said that, as Mr McNamara’s defence was funded by Legal Aid, he did not have the luxury of choosing his own barrister and should take whoever was available.

Both Mr Rogerson and Mr McNamara have pleaded not guilty to the murder of Mr Gao in a storage unit in Padstow last year.

Following the revelation of the social media posts, Mr Waterstreet was given time to get legal advice. He consulted noted appeal barrister Tim Game, SC.

On Wednesday, Mr Waterstreet sought the court’s leave to withdraw from the case.

Mr Game, appearing for Mr Waterstreet, told the court he had advised his client to step down, although this did not constitute an admission of wrongdoing.

Crown Prosecutor Chris Maxwell, QC, and Mr Game agreed Mr Waterstreet should be referred to the registrar for investigation.

In referring Mr Waterstreet, Justice Bellew ordered the registrar to seek and adhere to the “advice of the Crown Solicitor as to whether proceedings for contempt should be taken against Mr Waterstreet”.

He also ordered the registrar to inform the Attorney-General, Gabrielle Upton.


Roger Rogerson and Glen McNamara murder trial of Jamie Gao hearing to begin for the 2nd time on August 18 2015

 These 2 pathetic (and stupid) coppers go on trial today TRIAL aborted on the 2nd day! for the alleged botched drug theft gone wrong resulting in the murder of Jamie Gao

UPDATES daily on this trial here background posts click here http://aussiecriminals.com.au/2014/05/26/roger-rogerson-and-glen-mcnamara-charged-with-murder-of-jamie-gao/

A pictorial of the infamous ex copper Roger the Dodger is here http://aussiecriminals.com.au/roger-rogerson/


TAKE 2

Roger Rogerson and Glen McNamara murder trial of Jamie Gao hearing to begin on August 18 2015

Paul Bibby

New trial date: former detectives Glen McNamara and Roger Rogerson will appear before the NSW Supreme Court on August 18.New trial date: former detectives Glen McNamara and Roger Rogerson will appear before the NSW Supreme Court on August 18. Photo: Rocco Fazzari

Former detectives Roger Rogerson and Glen McNamara will face a new trial over the murder of Sydney student Jamie Gao on August 18, following the discharge of the jury in their first trial.

Justice Geoff Bellew told the NSW Supreme Court that the new trial date for the pair had been confirmed, lifting a non-publication order made on Tuesday.

Mr Rogerson, 74, and Mr McNamara, 56, are accused of being part of a “joint criminal enterprise” to murder Mr Gao, 20, in a southern Sydney storage unit on May 20 last year.

Twenty-year-old Jamie Gao was killed on May 22, 2014.Twenty-year-old Jamie Gao was killed on May 22, 2014. Photo: Facebook

It is alleged that they stole 2.78 kilograms of the drug ice from him and then dumped his body off the coast of Cronulla. It was found six days later.

Half way through the trial’s second day on Tuesday, Justice Bellew discharged the 15-member jury for legal reasons which cannot be disclosed.

Both accused have pleaded not guilty to murder and drug supply.

Counsel for Mr McNamara, Charles Waterstreet told the jury on Tuesday that Mr Rogerson had been solely responsible for the murder.

He said the 74-year-old had shot Mr Gao twice in the chest and then threatened to kill Mr McNamara and his family if he did not help him to cover up the crime.

No evidence was presented to support these claims before the jury was discharged.

Counsel for Mr Rogerson, George Thomas, did not have the opportunity to address the jury before members were discharged.

On Tuesday Justice Bellew said the NSW sheriff had confirmed that a court was available on August 18 to begin a new trial, and he formally set down that date.


TWO former detectives charged with murdering a Sydney student will go on trial before a jury today. Glen McNamara and Roger Rogerson face charges of murdering 20-year-old UTS student Jamie Gao in May last year. They are also accused of drug supply. Their trial at the NSW Supreme Court at Darlinghurst is expected to get underway later this morning. Police have alleged the pair lured Gao to a storage unit in Sydney’s southwest, with Mr Gao attending the meeting carrying almost three kilograms of the drug ice, or crystal methamphetamine.

Roger Rogerson.

Roger Rogerson. Source: DailyTelegraph

Former detective Glen McNamara being escorted to prison after his arrest.

Former detective Glen McNamara being escorted to prison after his arrest. Source: News Corp Australia

Police have alleged the trio were spotted on CCTV entering the storage unit. Ten minutes later, cameras allegedly captured McNamara and Rogerson leaving, dragging a surfboard bag. Mr Gao’s bound body was found floating in waters off Sydney six days later. Both McNamara and Rogerson deny the charges and entered not guilty pleas at a previous hearing. In January they waived their right to a committal hearing in order to get to trial as soon as possible.

Mahmoud Hrouk sexual assault and murder: Sydney man Aymen Terkmani charged


NICK RALSTON

Police have arrested a 22-year-old man over the murder and sexual assault of Sydney teenager Mahmoud Hrouk.

The man accused of raping and murdering Sydney teenager Mahmoud Hrouk has been formally refused bail.

Aymen Terkmani, 22, of Fairfield East, was arrested on Thursday and charged with murder and aggravated sexual assault. 

He did not appear in person before Fairfield Local Court on Friday. His lawyer did not request bail.

Supporters of Aymen Terkmani, accused of murdering Mahmoud Hrouk, leave Fairfield Local Court.Supporters of Aymen Terkmani, accused of murdering Mahmoud Hrouk, leave Fairfield Local Court.

Associates of the accused reacted angrily to journalists’ questions outside court, with one man throwing away a reporter’s microphone.

READ MORE:
Parents find bloodied body thought to be of son
Aussie teen was seen with a group of boys before being killed
Sydney teenager sexually assaulted before being bludgeoned to death

The body of Mahmoud, a 16-year-old former Granville High School student, was found beaten and unrecognisable in a derelict house on Belmore Street in Fairfield East on May 17.

The Fairfield house where the body of Mahmoud Hrouk was found.The Fairfield house where the body of Mahmoud Hrouk was found.

It is understood Mahmoud met Terkmani, whom he considered a friend, at Villawood McDonald’s on May 16. The pair arrived at 6.30pm and stayed for about an hour. 

A 22-year-old man has been charged over Mahmoud Hrouk's sexual assault and murder.

A 22-year-old man has been charged over Mahmoud Hrouk’s sexual assault and murder. Photo: Facebook

Mahmoud called his mother about 9.40pm but the call cut out.

The bike he had ridden to the McDonald’s was seen on Mitchell Street that night and found on Melaleuca Street the next day.

Mahmoud’s mother, Maha Dunia, has described her son as “a beautiful boy” and her best friend.

Police said he was hardworking and had no criminal history. Their investigations are ongoing.

Terkmani will appear in Campbelltown Local Court via video link next week.


Police have revealed Mahmoud Hrouk, 16 was sexually assaulted before he was beaten to death.

His bloodied body was found by his family in an abandoned house after a trip to McDonald’s. In a disturbing twist, police now say 16-year-old Mahmoud Hrouk was also sexually violated.

Panicked relatives stumbled across his body in Fairfield East in Sydney’s west, two months ago. He had been bashed to death.

Detectives hunting his killer have now revealed Mahmoud was sexually assaulted either before or at the time of his death, Fairfax reports.

The level of brutality Mahmoud endured has shocked police.

Mahmoud Hrouk, 16 was reported missing on Saturday May 16, 2014. He was last seen alive a

Mahmoud Hrouk, 16 was reported missing on Saturday May 16, 2014. He was last seen alive at a Villawood McDonalds. Source: Facebook

Maha Dunia with a photo of her murdered son Mahmoud Hrouk.

Maha Dunia with a photo of her murdered son Mahmoud Hrouk. Source: News Corp Australia

The derelict house in Villawood where Mahmoud Hrouk was murdered.

The derelict house in Villawood where Mahmoud Hrouk was murdered. Source: News Corp Australia

“In my experience, I’ve never seen anything like it … it’s gut-wrenching. What happened to this boy is terrible; it shouldn’t happen to anyone,” Detective Sergeant Olivares told Fairfax, describing the boy as a “model child”.

“This is separate from organised crime; it’s a more individual, more opportunistic crime. We certainly don’t think it was planned.”

Police are struggling to find a motive for such a violent murder.

He was found covered in wounds and suffered internal injuries also. Until now, it was thought that was the only horror he endured, but after the sexual assault revelations, the full extent of Mahmoud’s suffering has become clear.

Whoever killed Mahmoud Hrouk could possibly have taken his bloodied clothing, including running shoes and long dark pants, police say.

Mahmoud’s mother Maha Dunia last spoke to her son at 9.40pm on Saturday, May 16, when he asked her to pick him up from a friend’s place on Mitchell St but the call cut out halfway through the conversation.

He was last seen eating a burger at Villawood McDonald’s about 6.30pm.

Photo

The family of Mahmoud Hrouk need to know why their son was brutally killed. Source: Facebook

The next morning, after searching the streets of Villawood and Fairfield East, the family were told to check a vacant house on Belmore St, where local teens had been seen gathering in ­recent months.

It was inside they made the traumatic discovery.

“I need to know: why would you bash a 16-year-old? Are you Muslim, Jewish, Christian? You cannot do this in any religion. You cannot kill,” Ms Dunia told the Daily Telegraph.

“God takes the soul from us, not you.”

Holding a photo of her son, Ms Dunia said: “I need to know why. I know it’s not going to bring my son back but I need to know why. I need to know what did he do to deserve this.

“No mother in the world deserves this pain. To lose a son, that’s it. You feel like the whole world doesn’t mean anything to you. You feel like something from your heart is taken out.”

The mafia, metadata and me: the day Stan called me into an ecstasy sting


The mafia, metadata and me: the day Stan called me into an ecstasy sting

Nick McKenzie

Mafia in Australia – Drugs, Murder and Politics

The mafia continues to flourish in Australia despite major police operations, as this joint Four Corners/Fairfax Media investigation reveals.

When the phone vibrated in my pocket in September 2007, I had no idea the incoming call would plunge me into the middle of Australia’s biggest Mafia investigation in decades.

I was also unaware that the caller, who identified himself as “Stan”, was, in fact, a driven and entrepreneurial drug trafficker from Griffith, NSW, called Pat Barbaro.

Federal Police and Customs agents with some of the Ecstasy and Cocaine after the drug bust.Federal Police and Customs agents with some of the Ecstasy and Cocaine after the drug bust. Photo: John Woudstra

Barbaro had organised the world’s biggest ecstasy shipment into Melbourne in June 2007. But by the time he rang me, three months later, he was unable to locate the shipping container packed with his $500 million load.

Calling me, and then sending a series of texts from several mobile phones registered in fake names, was part of a desperate plan by Barbaro to either locate his shipment or confirm his suspicions that the police had seized his drugs.

He was hoping I would reach out to police or waterfront sources to do this, and then report my findings. To say his plan failed spectacularly would be an understatement.

Unbeknownst to either me or “Stan,” police were intercepting the text messages, which included detailed descriptions of the size and likely location of the drug shipment. These text messages, and analysis of the corresponding metadata, were used to prove Barbaro had organised the drug shipment.

But that was not the only implication. Over the past six months, federal police have used the scenario as a case study to convince the Federal Government of the need to pass laws ensuring telcos store the metadata generated when a person uses a phone or computer.

As the hulking Barbaro walked around Melbourne’s CBD, meeting bikies, South Asian money launderers and other Mafia bosses, he carried up to a dozen phones. One was his personal mobile, with a subscription under his own name.

The other phones were “burners”, which were registered in false names and regularly replaced with new phones. The problem for Barbaro is that these burners were hitting the same mobile phone towers as his regular phone.

Barbaro’s personal phone and the burners were pinging off the same towers so often that police were able to prove the burners belonged to Barbaro.

According to the Director of Public Prosecution’s Andrea Pavleka, the texts sent from the “Stan” burners “showed that Barbaro had critical knowledge of the contents of that container”.

“That was a terrific link for the prosecution to have in this particular matter.”

Back in 2007, I knew none of this.

In fact, had I known my communications were being intercepted, I would have been furious.

Many of my sources are banned by their employer from speaking to me, or any other reporter, so the prospect of any innocent whistleblower being outed would have concerned me greatly.

I only learned this many months later of the interception. From all the checks I have since conducted – and there have been many – no source of mine was compromised and the AFP agents involved acted professionally and with regard to the sensitivities of my trade.

That said, ever since 2007, I have implemented a range of measures to protect sources’ communications — steps not unlike those suggested by Malcolm Turnbull during the recent debate about metadata.

Ever since the phone buzzed that day in my pocket, and “Stan” briefly entered my life, I’ve been especially conscious about how a person’s communications leave a trail, no matter how careful they are. It is a lesson the now jailed Barbaro has, no doubt, also learned well.

Watch part two of a joint Fairfax and ABC Four Corners mafia investigation on ABC1 8.30 PM Monday.

Judge bribes, military arms sought: the Mafia’s alleged Australian operations


Nick McKenzie, Richard Baker, Michael Bachelard

An Australian Mafia boss allegedly paid $2.2 million in bribes to  judges to get lighter jail sentences, and the Mafia have approached defence force personnel to supply them with military grade weapons, top-secret police intelligence reports reveal.

The reports also reveal the price of some food – including the price of certain types of seafood in Sydney – may be more expensive due to Mafia control of the supply chain across Australia.

Fairfax Media can also reveal that Jupiter’s Casino on the Gold Coast has become a key gambling site for Mafia figures banned over money laundering concerns from Crown Casino in Melbourne and Star City in Sydney.

Two top crime figures, including a Mafia godfather, banned from the Sydney and Melbourne casinos recently gambled large amounts at Jupiter’s, effectively rendering anti-money laundering efforts useless.

A search this month of the business holdings of all the key Mafia bosses in NSW, Victoria and South Australia also reveals their continuing control over multimillion-dollar wholesale, construction and farming businesses, including a major winery and several large fruit orchards.

A joint Fairfax Media and ABC Four Corners probe has obtained a series of confidential Australian police reports written and circulated to state agencies between 2003 and 2014.

The reports provide startling revelations about the depth of Calabrian Mafia’s infiltration into Australian life and the ambitions of the criminal group.

They reveal the group known as ‘Ndrangheta, or the Honoured Society, continues to control both legitimate and illegitimate businesses, with money earned both from the drug trade and from stand-over and extortion within pockets of Australia’s fresh food trade, trucking and construction industries.

A 2013 file, circulated among agencies, warns that the Mafia poses as “extreme” organised crime risk to the nation.

It echoes similar warnings made in a 2003 Australian Crime Commission assessment that revealed the Mafia had “infiltrated members into, or recruited people from, public organisations, government and law enforcement agencies with the lure of money”.

“[Mafia] family associates are employed in many areas of government enterprise, as well as in the telecommunications industry; bookmaking/racing; car dealerships/car repairs and hydroponic shops,” the 2003 report states.

In Victoria, Mick Gatto is named as a crime figure who works closely with the Calabrian Mafia while running his own crime syndicate.  

“Mick Gatto has shown a high awareness of law enforcement methodology and has taken a proactive approach in accessing corrupt law enforcement personnel and information to protect his ventures,” one report says.

In NSW, another Italian crime boss “is involved in a number of legitimate businesses … including car dealerships and night clubs, and is associated with at least one ex-AFP member and one corrective services person”.

NSW police intelligence also describes how detectives had discovered how “Italian Organised Crime members have actively approached members of the Australian Defence Forces for the purpose of acquiring firearms and ammunition”.

The NSW police also gathered information in 2003 that Mafia figures in Griffith, NSW – the group’s traditional stronghold – had been “receiving information from a person connected to the police in Griffith and the court”.

“It is alleged that a Sydney based IOC [Italian Organised Crime] member received light sentences in the past because he paid off [Sydney] judges, costing approximately $2.2 million.

“The protection provided to IOC members by other members comes in many forms, ranging from the simple criminal code of silence or perjury, to more sinister acts involving corrupt influence [and] abusing a position of responsibility.

“IOC groups in NSW have infiltrated members into, or recruited people from, public organisations, government and law enforcement agencies with the lure of money.”

Fairfax Media has recently spoken to senior law enforcement sources who identified a judge allegedly involved, saying he has since left the bench.

The NSW police have also discovered “information [that] suggests a monopoly exists … at the Sydney Fish Markets where private arrangements need to be made for their purchase”. The report says these arrangements allegedly involve cartel behaviour, including price fixing and threats of violence.

Police have warned that Mafia identities maintain control over the food supply chain via their ownership of farms, wholesale businesses and transport and freight firms.

Reception centres owned by Mafia bosses in Adelaide and Melbourne have been hired by unwitting police and politicians to hold functions.

An intelligence brief circulated to police across Australia in 2011 states: “The Calabrian Mafia … readily uses fruit trucks to transport cannabis to the Melbourne Fruit and Vegetable Market [from Griffith, NSW and other regional sites] to be further distributed. The trucks usually have the cannabis hidden among containers of fruit and vegetables.”

In 2003, NSW police confidentially warned that: “Investigations developed intelligence of IOC figures involved in both the Sydney fruit markets at Flemington and fish markets, as well as the Belconnen markets in Canberra”.

“[Wholesale food] markets continue to provide controlled linkages to the interstate trucking and transport industry. Again, elements of the transport infrastructure are controlled by families with connections to IOC elements. There is continuing intelligence of the exploitation of this type of freight for trafficking illicit commodities.

“The exploitation of the markets and interstate freight remains a significant area for environmental hardening and law reform.”

The revelation that Mafia figures banned from NSW and Victorian casinos over money laundering concerns are simply heading to the Gold Coast casino suggests another major weakness in anti-organised crime measures.

Police have previously warned that Mafia “identities were using casinos to launder funds through, with significant money movements through Jupiter’s Casino and Crown Casino Melbourne”.

Bikie war at Melbourne prison as 300 armed inmates tear down fences separating rival gangs during riot over a smoking ban


 – and fears grow over notorious tattooed enforcer locked in isolation

  • At least 60 prisoners at Melbourne’s Metropolitan Remand Centre rioting
  • Rioters seen covering their faces, bashing doors and carrying large sticks
  • Unrest believed to be protest against ban on smoking set to be introduced
  • Notorious Australian bikie enforcer Toby Mitchell being held at the prison 
  • Corrections Commissioner said the ‘perimeter of the prison is secure’ 
  • There have been reports of up to 100 inmates still rioting inside the prison 
  • Up to two fires are reportedly burning inside of the building 

Prison riot: Corrections Victoria regains control of Melbourne Remand Centre after police storm facility

Updated 48 minutes ago

Corrections Victoria has regained control of the Metropolitan Remand Centre in Melbourne’s west, after a 15-hour riot that started around noon yesterday ended overnight.

Heavily armed police carrying shields stormed the maximum security prison around 3:00am in a bid to quell the rioting prisoners.

In a statement, Corrections Victoria said it was a difficult operation conducted under the cover of darkness to protect prison staff, Victoria Police and prisoners.

I think it’s fair to say that I am deeply relieved that no-one was seriously hurt

Wade Noonan, Victorian Corrections Minister

Several prisoners were hurt in the riot and were treated by medical staff.

A wall was knocked down, fires were lit and windows were smashed during the violence, involving up to 300 inmates, some of who covered their faces and carried sticks.

The riot is widely believed to have been sparked by the imposition of a smoking ban which came into effect today at the remand centre at Ravenhall.

Two staff members suffered minor injuries but “these were not as a direct result of interaction with prisoners” the department said in a statement.

This morning five fire trucks returned to the centre after a fire alarm was triggered due to a minor fire at the premises.

A statement from the Justice Department said there was no risk to prisoner or staff safety.

Two ambulances were also seen going into the centre and Ambulance Victoria said one man was being treated for chest pain.

Ambulance officials could not say if it was it a prison staff member or an inmate.

About 200 staff were evacuated from the facility and all of the state’s prisons went into lockdown as a precaution.

A large number of prisoners were transferred to other facilities as authorities assessed the damage to the prison.

Corrections Victoria will hold an internal review to the handling of the riot and Victoria Police is also investigating.

Victorian Corrections Minister Wade Noonan called the incident “unacceptable” and “dangerous”.

“This behaviour will not be tolerated,” he said.

“I want to assure the Victorian people that there will be a thorough investigation into what caused this riot, how this major security breach happened and the response to it.

“This criminal behaviour will not be tolerated.

“I think it’s fair to say that I am deeply relieved that no-one was seriously hurt and this is in no small part due to the efforts of our brave men and women in Corrections Victoria and Victoria Police.”

Corrections Commissioner Jan Shuard said all prisons across the state would remain in lockdown for the time being.

She said the smoking ban probably was the reason for the riot but that the ban would still be enforced from today.

Ms Shuard could not put a dollar figure on the amount of damage inside the centre but said prison cells, windows and units were damaged.

She said work had already begun to assess the damage and make repairs.

All 802 prisoners were accounted for.

Ms Shuard said most prisoners returned to their cells on instructions from police and corrections officials.

Police used capsicum spray to subdue those refusing to cooperate.

“I would say by the time we got to the end of the exercise there was around 50 prisoners out and about that we had to bring back under control but that took a long time,” Ms Shuard said.

“The numbers decreased as the day went on.”

Most prisoners returned to cells voluntarily

Ms Shuard said they were enacting a prison recovery plan to fix the damage and secure the prisoners in their cells.

“So we’ll go to a restricted regime for a period of time and then when we assess its safe to do so we will start moving back to a normal regime but it’ll take a while,” she said.

“Those people that might be involved in these incidents don’t get the same freedom of movement that they would’ve had previously.

Every Victorian should be in no doubt that those who have acted in a criminal way will feel the full force of the law.

Daniel Andrews, Victorian Premier

“There are very restricted regimes for people that cause disruption to the prison system.”

Victoria Police Assistant Commissioner Stephen Leane said police took their time, planned the operation to regain control of the prison and then executed that plan.

“It took several hours to give the prisoners who didn’t want to be involved in any confrontation with police and corrections staff an opportunity to return to their cells.

“The vast majority of prisoners on the night returned to their cells and as they were confronted during the evening the remaining prisoners surrendered and were accounted for.”

Assistant Commissioner Leane said some of the inmates involved would probably face new criminal charges.

“I think there’s quite a few of them [who] will be thinking that they may be doing some more time than they weren’t planning on doing, yes,” he said.

Ms Shuard also promised a wide-ranging review of the handling of the incident.

“If criminal acts have occurred within our prison that would be a matter for Victoria Police to pursue any charges,” she said.

Mr Noonan praised prison staff, police and emergency workers for their “bravery in a difficult and dangerous situation”.

“I want to assure the Victorian people there will be a thorough investigation into what caused this riot, how this major security breach happened and the response to it,” he said in a statement.

Premier angry about riot, promises independent inquiry

Victorian Premier Daniel Andrews said what happened at the remand centre was “completely unacceptable” and that criminal behaviour would be investigated and prosecuted.

“We’ll investigate what went on and how it was allowed to happen,” he said.

“The circumstances around this will be fully and frankly investigated with independent oversight.

“We’ve got to learn from this and ensure that everything that can be done to avoid it ever happening again is done.”

Mr Andrews said “very significant damage was done” that will come at “considerable cost” to the Victorian taxpayer.

“Every Victorian should be in no doubt that those who have acted in a criminal way will feel the full force of the law,” he said.

Fiona Patten, the leader of the Australian Sex Party, urged the Government to overturn the smoking ban.

“It’s naive to think that when you erode the rights of an individual who has precious little freedom in the first place, they are going to just sit back and take it,” she said.

“Obviously they are going to feel further marginalised and this is exactly what has led to the trouble at the Ravenhall Maximum security facility.”

But the Premier promptly rejected that idea.

“It will not be changed. You don’t reward that sort of appalling behaviour by bringing about policy changes,” he said.

Heavily-armed police have stormed a maximum security prison after 300 criminals began rioting over a smoking ban.

Officers wearing vests, helmets and carrying shotguns charged the prison about 3:20pm in an effort to retake control, after riots broke out around 12.20pm on Tuesday. A police drone also hovered above the centre.

Inside the prison, water cannons were used to control prisoners, which included rival bikie gangs locked in a bitter war, according to Channel Seven.  

Dozens of riot police stormed the centre and continued into the night with heavily armed police monitoring the entrance at 11pm,The Herald Sun have reported.

Fires burned well into the evening inside the maximum security prison complex.

On the loose: About 300 criminals are rioting and guards have been overrun at a Melbourne prison, with more than 100 officers trying to stop 

On the loose: About 300 criminals are rioting and guards have been overrun at a Melbourne prison, with more than 100 officers trying to stop 

Dozens of riot police stormed the centre and continued well into the night with heavily armed police monitoring the entrance at 11pm

Dozens of riot police stormed the centre and continued well into the night with heavily armed police monitoring the entrance at 11pm

Corrections Commissioner Jan Shuard said ‘the perimeter of the prison is secure.’

Cheering and shouting was reportedly heard from inside the prison walls at 9.15pm.

‘We have worked very closely with our staff across the state in the implementation of this smoking ban and they have been a part of the process,’ she said.

‘This is very disappointing that this occurred today, we have done an enourmous amount of work to prepare for this, we obviously have contingency plans for all events within our prisons.’

Up to two fires are burning inside of the building and 100 inmates are yet to surrender.

Two loud bangs were heard from inside the prison around 6pm but it is unknown what was the cause, The Australian have reported.

Other reports say riot police are used tear gas inside the prison and a group of about 15 criminals forced their way into the control room in the late afternoon, according to The Age.  

Emergency services remain at the location including fire fighters and Victoria Police special operations armed with shields and helmets.

Footage by helicopters above the Metropolitan Remand Centre at Ravenhill in Melbourne’s west, shows people covering their faces, bashing doors and carrying large sticks and bats. Black smoke was also seen in the sky above the centre.

Port Phillip Prison, a mere four kilometres away, was also put into lock down following a fire at their facility, but it has since been contained.

Going in: Heavily-armed police have stormed a maximum security prison after 300 criminals began rioting over a smoking ban

Fight back: Officers wearing vests, helmets and carrying shotguns charged the prison in an effort to retake control

Cheering and shouting was reportedly heard from inside the prison walls at 9.15pm

Emergency services remain at the location including fire fighters and Victoria Police special operations armed with shields

Smoke can be seen rising from inside the prison's perimeters and up to 100 prisoners are yet to surrender

Notorious Australian bikie, former enforcer Toby Mitchell, is being held in isolation inside the facility

Notorious Australian bikie, former enforcer Toby Mitchell, is being held in isolation inside the facility

Notorious Australian bikie, former enforcer Toby Mitchell, is being held in isolation inside the facility. Mitchell, an infamous member of the Bandidos gang, has survived two shootings – one in which he was shot five times in the back.

‘Police are currently responding to a disturbance at a correctional facility on Middle Road Ravenhall just before 12.30pm,’ a Victoria Police statement read.

‘We will thoroughly review how this came about, how we responded to it and what we might need to do in the future,’

Police workers from the Critical Incident Response Team are seen outside Ravenhall Prison

Pushing back: Riot police at the Ravenhall Prison in Melbourne

Dangerous situation: Critical Incident Response team members patrol outside the centre

Dark: Smoke billows from the Ravenhall prison into the sky

‘Staff have been evacuated as a precaution. The inmates remain contained within the grounds and a number of police units are currently on scene including the Air wing.’ 

Prisoners are also reportedly lighting fires and destroying other property. 

The centre has beds to house 723 people. 

Corrections Victoria released a statement on Tuesday afternoon saying prisoners breached the ‘secure inner perimeter’ at the centre.

Ready to go: An officer with a shotgun stands outside the prison before riot police stormed the centre

Heavily armed: Officers gather outside the remand centre as prisoners riot inside

Load up: Riot police prepare to enter the prison 

Load up: Riot police prepare to enter the prison 

Riot breaks out at Ravenhall prison over smoking ban

‘All staff have been accounted for and there are no reports of staff injuries at this stage,’ the statement read.

‘Police have secured the perimeter. There is no threat to public safety.’

It is believed the riot has been caused by a Victorian government plan to ban smoking in prisons, which is set to start on Wednesday. 

‘The smoking ban will occur tomorrow,’ the Corrections Commissioner said.

However, according to reports, the canteen at Ravenhill stopped selling tobacco on June 15.

Heavy duty: A police armoured-vehicle arrives at the prison

High alert: Hundreds of officers and guards are at the scene of the Ravenhill facility in Melbourne's west

The remand centre is located in Ravenhall, west of Melbourne's CBD

Footage captured by Channel Seven shows people covering their faces, bashing doors and carrying large sticks and bats

Gerard Baden-Clay Appeal 7th August 2015

Featured


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

http://aussiecriminals.com.au/?s=alison+baden+clay&submit=Search

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

Reserved for appeal hearing and discussion


Appeal begins for Gerard Baden-Clay

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“And he’s panicked,” Mr Copley said.

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

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

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

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

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

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

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

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

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

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

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

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

“He stayed in the marriage.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

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

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

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

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

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

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

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

Michael Copley QC, representing Gerard Baden-Clay

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr Copley then moved on to financial pressures.

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

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

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

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

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

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

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

More on this story:

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

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

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

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

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

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

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

    April 20, 2012

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

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

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

    April 22, 2012

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

    April 23, 2012

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

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

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

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

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

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

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

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

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

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

    April 24, 2012

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

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

    April 26, 2012

    A prayer vigil is held for Allison.

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

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

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

    April 27, 2012

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

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

    Emergency crews widen their search area.

    April 28, 2012

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

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

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

    April 30, 2012

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

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

    Investigators wait for formal identification.

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

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

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

    May 1, 2012

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

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

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

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

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

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

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

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

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

    May 2, 2012

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

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

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

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

    May 10, 2012

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

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

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

    May 11, 2012

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

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

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

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

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

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

    The cause of her death remains unknown.

    May 18, 2012

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

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

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

    May 25, 2012

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

    May 29, 2012

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

    June 13, 2012

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

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

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

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

    June 14, 2012

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

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

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

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

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

    June 22, 2012

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

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

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

    June 24, 2012

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

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

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

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

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

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

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

    September 3, 2012

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

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

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

    September 5, 2012

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

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

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

    December 14, 2012

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

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

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

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

    February 6, 2013

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

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

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

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

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

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

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

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

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

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

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

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

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

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

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

    His lawyer says he is determined to clear his name.

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

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

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

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

    December 19, 2013

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

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

    February 3-4, 2014

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

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

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

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

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

    June 2, 2014

    The pre-trial hearing continues.

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

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

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

    June 10, 2014

    The murder trial begins.

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

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

    July 9, 2014

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

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

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

Appeal date set August 7 2015 for Gerard Baden-Clay over murder of wife Allison


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May 19, 2015

Gerard Baden-Clay will appeal his conviction over his wife Allison’s murder in August.

The Queensland Court of Appeal has confirmed the year’s most hotly anticipated hearing will take place on August 7.

A jury convicted the former prestige real estate agent of his wife’s murder following a high profile trial last year.

Police photograph of Gerard Baden-Clay.Police photograph of Gerard Baden-Clay. Photo: Supplied

He was sentenced to life in prison with a non-parole period of 15 years.

Mrs Baden-Clay’s body was found under the Kholo Creek Bridge 11 days after her husband reported her missing on April 19, 2012.

Gerard Baden-Clay has always maintained he is innocent of his wife’s murder.

Following a 21 day trial in the Supreme Court of Queensland last year, Baden-Clay was found guilty of killing his wife at their home in the leafy western Brisbane suburb of Brookfield.

Her body was dumped about 14 kilometres away, on the banks of Kholo Creek at Anstead.

Baden-Clay’s trial heard he was embroiled in an affair with his long-time mistress Toni McHugh and was under significant financial pressure, owing hundreds of thousands of dollars to friends, family and ex-business partners at the time of his wife’s disappearance.

His murder conviction marked a dramatic fall from grace for the former real estate agent, who prided himself on his lineage as the great-grandson of famed Scouts movement founder Lord Robert Baden-Powell.

His lawyers lodged an appeal two days after the guilty verdict was returned.

Baden-Clay claimed he was the victim of a “miscarriage of justice”, in the appeal papers lodged by his solicitor Peter Shields.

He has appealed his conviction on four grounds, including that the verdict of murder was “unreasonable”, because the jury was incorrectly directed about evidence relating to blood found in the boot of Mrs Baden-Clay’s four-wheel-drive.

“A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of the blood was attributable to an injury sustained to the deceased’s body on the evening of 19 April 2012, or the morning of 20 April 2012,” the application reads.

Baden-Clay has also claimed that presiding judge Justice John Byrne misdirected the jury about the injuries which appeared on his face on the morning he reported his wife missing, as well as evidence relating to the discovery of Mrs Baden-Clay’s body on the banks of Kholo Creek at Anstead.

“The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt,” the application says.

“The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by marking razor cuts.”

The prosecution alleged Baden-Clay cut his right cheek with a razor in a failed attempt to disguise the scratch marks his wife had left on his face while fighting for her life.

Baden-Clay has maintained the injuries on his face were shaving cuts, but four forensic experts told his trial the abrasions were more consistent with fingernail scratches.

Baden-Clay’s trial, and his eventual conviction, was one of the biggest news events of 2014.

The father-of-three wept and shook violently after the seven men and five women of the jury delivered their guilty verdict.

His three young daughters with Allison, who are now being cared for by her parents, were not in court to hear the jury foreman declare their father guilty of their mother’s murder.

In February, it emerged the three girls remain unable to access their mother’s dual life insurance policies, collectively valued at nearly $800,000, until their father exhausts his legal avenues to have his conviction overturned.

 

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