Gerard Baden-Clay found GUILTY OF MURDER

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update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

Lawyers for Gerard Baden-Clay have filed an appeal against his murder conviction.

On Tuesday a Supreme Court jury found the 43-year-old Brisbane man guilty of killing his wife Allison in April 2012.

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

He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

“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 blood was attributed 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.

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


 

got him1

A Slide show covering the tragic events that resulted in Gerard being found guilty of Murdering his wife Allison

This slideshow requires JavaScript.

I have included the Allison’s family’s Victim Impact Statements in the GBC MENU or feel free to access each family members page and make a contribution here

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

SENTENCE

Gerard Baden-Clay, on the night of 19 April 2012, you murdered your wife, Allison.

The killing was not premeditated. But it was violent. That night, you were under considerable stress.

Your financial circumstances were, as you confessed to police, dire. Your domestic circumstances were no better.

You had resumed your affair with Toni McHugh. You kept telling her that you loved her.

You led her to understand that you intended to leave Allison and to be with her.

That afternoon, you told Ms McHugh that Allison would be at the conference Ms McHugh was to attend in Brisbane the next day.

Allison knew nothing about the resumption of the affair.

You deceived her into believing that it had ended in September 2011.

If the two women were to meet the next day, the consequences could have been dramatic, as you realised.

Your unsuspecting wife was doing her best to maintain the marriage.

A relationship counsellor had devised a plan. It allowed for Allison to express to you her feelings about the affair in a brief session every second day.

You had agreed, reluctantly, to that.

The first session happened the night before Allison died; and it had turned into an interrogation.

Allison remained tormented by the affair. She pressed you for details. On the night she died, Allison again questioned you about the affair. All the pressures proved too much for you.

The prosecution suggested that you smothered Allison; and that looks likely.

But whatever the mechanism, your violent attack caused her death.

Her fingernails scratched your face – the act of a desperate woman struggling for life.

Those marks are only consistent with your guilt.

Your shameful conduct after murdering Allison bespeaks a profound absence of remorse.

You took her body to Kholo Creek.

There you disposed of her in an undignified way: dumping her over a ledge to leave her lying in mud, exposed to the elements, insects and wildlife.

Then you put in place – and persisted in – a deception plan.

You used a razor to cut yourself near where she had scratched you, trying to disguise the injuries she had inflicted in defending herself.

You drove around the streets of Brookfield pretending to look for her. You have insinuated that mental illness may have led to drug overdose or suicide.

And besmirching Allison’s memory in that way is thoroughly reprehensible.

You have no criminal history. But you are definitely not of good character.

You are given to lies and other deception: so much so that whatever you may say on any application for parole, 15 years or more hence, will need to be assessed with considerable scepticism.

The   community,   acting   through   the   Court,   denounces   your lethal violence.

The impacts on Allison’s family have been grave.

Their victim impact statements poignantly express their pain.

You took a devoted, loving mother from her three girls, blighting their lives.

Pursuant to s.159A of the Penalties and Sentences Act 1992, I declare the

762 days spent in pre-sentence custody from 14 June 2012 until today to be imprisonment already served under the sentence.

The law provides but one penalty for your awful crime. I impose it.

You are sentenced to imprisonment for life.

Baden-Clay defence offered manslaughter

Gerard Baden-Clay’s defence team made an application for the case to proceed as a manslaughter charge due to a lack of evidence showing intent to kill. Nine News

MAJOR YELLOW DAFFODIL  UPDATE 11.53 AM 15/07/14

After more than 22 hours of deliberations the jury has found Gerard Baden-Clay guilty of killing his wife Allison Baden-Clay, the mother of their 3 children.

To the relief of everybody, the jury has seen through his mountain of lies and secrecy, the double life, the excuses and false explanations. Gerard Baden-Clay was the one and only suspect from the very first day and was doggedly investigated by the dedicated QLD Police Service.

How this poor excuse for a human being has manged to fool so many for so long is astounding, but it all came crashing down this afternoon not long after the jury handed in their verdict after they deliberated for over 22h hours.

guilty

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

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

List of Trial Witnesses as they appear here

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

RESERVED FOR UPDATES AFTER VERDICT ANNOUNCEMENTS

The statement made outside court by a family Representative

Here is Allison Baden-Clay’s family’s full statement courtesy of our friends at the Brisbane Times

“Today, we, Allison’s family and friends, are relieved that we finally have justice for Allison.  The evidence presented at this trial has proven that Gerard Baden-Clay is responsible for the murder of his wife Allison.

It has been a long wait over the last two years, and this result today marks the beginning of our long journey towards healing, and finally allowing us to mourn and grieve for this beautiful woman.

Today is not a win for our family, for it will not bring our beautiful Allison back. However, it is the closure of another chapter in this journey for our family. We have lost Allison and nothing that has happened here will bring her back.  We as a family will grieve her tragic death forever, the memories tarnished by the fact that she was taken from us in such horrific circumstances.

We would like to thank the Queensland Police Service and the CIB officers involved in the investigation, the SES volunteers who searched night and day in all weather, the scientific experts and the Office of the Director of Public Prosecutions who have all worked tirelessly to ensure that we have justice for Allison.  We would also like to thank them for their compassion and support over what has been the darkest of times.

To all of our family and friends that have sat in the court each and every day supporting our beloved Allison, we thank you and hope that you too now find some peace from this result.

Throughout this time, those in the close knit Brookfield community and those in the media and wider public have shown us empathy and compassion for which we are enormously grateful. More so, however, we have appreciated your efforts to protect the privacy of Allison’s daughters.

Our primary concern has always been and remains the emotional and physical well-being of Allison’s three beautiful daughters.  We will help them to rebuild their lives and ask for your support, cooperation and privacy in order to do this.  We have a long way to go ensure that they will cope with a future without their mother.

Allison was a kind-hearted, generous woman, a loving wife and devoted mother whose legacy will continue if we all remember that life is precious and to take the time to be kind, smile at those who pass you by and live for today.

We, her family and friends, didn’t get a chance to say goodbye but Allison will always remain forever in our hearts.

Thank you”

Gerard Baden-Clay given life sentence for murder of wife Allison

Updated 1 minute ago

Former Brisbane real estate agent Gerard Baden-Clay has been given a life sentence after being found guilty of murdering his wife Allison in April 2012.

A Supreme Court jury has convicted the 43-year-old of killing the mother-of-three at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away.

Allison’s family shouted “yes” as the verdict was read out, while security asked for a short break because Baden-Clay was struggling to breathe.

Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15 years.

In a victim impact statement read to the court, Allison’s mother, Priscilla Dickie, said Baden-Clay had “betrayed” her daughter.

“We have all been robbed of Allison’s love,” she said. “The discovery of our darling daughter was absolutely devastating.

“The tragedy of it all is she had so much to offer.”

Allison’s father Geoff Dickie told the court he had been left “devastated by the murder of my precious, gifted and talented daughter”.

It was a case about sex, lies and murder that gripped the city of Brisbane for two years, and the ever-growing queues outside the Supreme Court were a testament to the public’s fascination with the sordid story.

In life, Allison Baden-Clay was a dancer, teacher, successful career woman, devoted wife and mother of three girls.

In death, she became well-known for all the wrong reasons.

Her disappearance in 2012 shocked the tight-knit affluent community of Brookfield. Well-wishers and concerned residents laid flowers at her home, not knowing what else to do.

At the same time, hundreds of police and State Emergency Service (SES) volunteers swung into action, combing surrounding suburbs for any trace of the missing woman.

“Please help us, because there are three beautiful little girls of Allison’s wanting to see their mother,” her father had pleaded.

Her mother urged: “Our lives will never be the same – we must, must find her – she’s so precious.”

Premier vowed resources to find Allison

Queensland Premier Campbell Newman vowed to commit whatever resources were necessary to finding her.

“I’m just very sad for the family and friends. It’s obviously just incredibly distressing,” he said at the time.

Timeline: Baden-Clay murder

However, from the moment Baden-Clay reported his wife missing on April 20, 2012, police knew this was no ordinary missing persons case.

He had told them she went for an early morning walk and never returned home.

But marks on his face alerted police that something more sinister may have happened.

Hours turned into days, and on April 30 a lone kayaker discovered what was later confirmed as Allison’s body on the muddy banks of Kholo Creek at Anstead, about 10 kilometres from the family’s home.

That day, police refused to say whether Baden-Clay was a suspect.

On June 13, however, he was arrested and charged with his wife’s murder.

Flowers and toys decorate a memorial for Allison Baden-Clay near Kholo Creek.

Photo: Flowers and toys decorate a memorial for Allison near the Kholo Creek location where her body was found in Brisbane’s west, June 23, 2014. (AAP: Dan Peled)

Crown case against Baden-Clay circumstantial

By its own admission, the crown’s case against Baden-Clay was a circumstantial one, but the accumulation of evidence was powerful.

A post-mortem examination failed to determine a cause of death due to decomposition, and apart from a chipped tooth and possible bruising, there were no fractures to Allison’s body.

A court photo shows marks on the face of accused murderer Gerard Baden-Clay.

Photo: Marks on the face of Gerard Baden-Clay. (Supplied)

But forensic pathologist Dr Nathan Milne believed Allison did not die from natural causes.

The crown said she died at the hands of her husband, the last person to see her alive.

At the time of her disappearance, Baden-Clay had marks on his face and body that drew the attention of police.

He had excuses for them, though: he had cut himself shaving in a rush; the marks on his neck were where he had crushed a caterpillar that had landed on him while he was watching one of his daughters compete in a cross-country race; and marks on his hand were from a screwdriver that slipped while he was helping renovate a friend’s house, but marks on his chest and shoulder could not be explained by him.

However, three forensic experts testified that marks on Baden-Clay’s face were likely fingernail scratches and Baden-Clay’s claim that they were from a razor was simply implausible.

They said marks on Baden-Clay’s body could also be from scratching, although they were less conclusive.

Then there was the dripping blood found in the boot of Allison’s four-wheel drive. DNA testing confirmed it was Allison’s.

Baden-Clay’s double life

The murder trial exposed a couple living very different lives publicly and in private.

On the face of it, the Baden-Clays were a successful family, running their own prestige real estate company.

But they were in deep financial trouble and Baden-Clay was having trouble paying off loans to friends.

In desperation, he had begged the state Member for Moggill, Dr Bruce Flegg, for a loan of up to $400,000, fearing he would go bankrupt without it.

Baden-Clay was also caught between two women: his wife and lover.

Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

Photo: (L to R) Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh. (Supplied/AAP)

In marriage counselling, Baden-Clay had professed to want a future with Allison, but at the same time was vowing to leave his wife on her birthday for former employee Toni McHugh.

An email trail between Ms McHugh and a secret account set up by Baden-Clay under the name Bruce Overland portrayed a tumultuous affair, and growing frustrations from Ms McHugh about her lover’s unfulfilled promises.

“Well you’ll have to forgive me that I feel disappointed when this happens. I’m sick of hiding,” Ms McHugh wrote on February 20, 2012.

“I’m sick of being second best and having to take the back seat … all so she doesn’t find out.

“Why should I believe things are going to be any different than the past[?]“

Ms McHugh wrote on March 27 she had looked at rental properties.

“It would be so much easier if you did just move in with me,” she said.

“She can get her own place and the week you have the children you move back to the house.”

I’m sick of being second best and having to take the back seat – all so she doesn’t find out.

Toni McHugh in an email to Baden-Clay

 

Baden-Clay wrote on April 3: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”

He also wrote an email on April 11 – referring to Ms McHugh as GG – their names for each other were Gorgeous Girl and Gorgeous Boy.

“This is agony for me too. I love you,” he said.

“I’m sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you. GB.”

Until April 2012, Baden-Clay had been able to keep his two worlds separate, but they were about to collide spectacularly.

On April 20, Allison and Ms McHugh were due to attend the same real estate conference.

In the witness box, Baden-Clay passed off his declarations of love to Ms McHugh as empty promises to appease a volatile, unstable and confrontational woman who was infatuated with him.

He portrayed himself as a philanderer, but no murderer: he had affairs with numerous women, but was never going to leave his wife.

Baden-Clay admitted he deceived Allison, Ms McHugh, his family and friends, and in return for his deception they gave him their loyalty.

“My intention was to end any relationship with Toni McHugh and solidify and continue my relationship with Allison for our future together,” he said in the witness box.

But the crown submitted Baden-Clay and Ms McHugh were very much entwined and his deceptive conduct showed what he was capable of.

Allison’s mental health raised at trial

The jury saw two faces of Allison. The defence painted a picture of a woman plagued by depression and unable to cope with the pressures of life.

They pursued the possibility that Allison could have taken her own life or wandered off into the night to her death.

According to testimony from Baden-Clay’s father, Nigel, and sister Olivia Baden-Walton, Allison was so incapacitated she could not get off the couch.

But her friends and family told a different story: she was a woman who was happy and feeling positive before she disappeared.

A GP, two psychologists and a psychiatrist who had treated Allison all said she was not a suicide risk.

Marriage counsellor Carmel Ritchie, who consulted with the couple just days before her death, also testified that Allison was hopeful for her future and wanting to make her marriage work.

One thing was clear, however: their marriage was in crisis. Allison’s journal revealed a woman tormented by self-doubt.

“I don’t want to be alone,” she wrote.

“I am afraid of being alone and lonely, maybe because I think I can’t handle it. I am afraid of failing – failing in my marriage and what people will think.”

Allison also had lingering questions about her husband’s affair with Ms McHugh. Some were answered, some were not.

Questions like how many times did they go to the movies together? How did they pay for hotels? Where did they have sex in her apartment? Sex in the family car?

“Did she ever say: ‘I feel bad because you’re married?’”

Three daughters left behind

The trial was the first time the public had heard the three Baden-Clay children speak about their mother’s disappearance.

Heartbreaking video recordings of police interviews with the girls, then aged 10, eight and five, taken on the afternoon their mother was reported missing showed their fear, distress and confusion at what was happening around them.

Baden-Clay wiped away tears while watching his daughters sob as they were quizzed by detectives.

Each described being put to bed by their parents. The middle girl remembered her mother singing Away In A Manger to her.

“Dad said mum had gone for a walk,” the eight-year-old said.

The youngest child said: “She was walking for a long time and we think she twisted her ankle.

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

The eldest recalled seeing her mum on the couch watching TV when she got up to get a glass of water.

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

She saw “scratches” on her dad’s face, but none of the girls heard anything during the night.

The families and supporters of the Baden-Clays have sat through each day of the trial listening to evidence almost too painful to bear.

They are bound by grief, but divided by loyalty.

The guilty verdict gives them an answer – wanted or not.

But one question remains, and only Baden-Clay can really answer how he murdered his wife.

Amidst the murky personal drama are three little girls who lost their mother and will now have to learn to live without their father.

A JURY has found Gerard Baden-Clay guilty of murdering his wife Allison.

The former Brookfield real estate agent, 43, pleaded not guilty in the Supreme Court at Brisbane at the opening of his trial six weeks ago.

A jury of seven men and five women delivered its verdict shortly after 11.50am today after deliberating for 21 hours before reaching a decision.

Justice John Byrne asked the jury to retire to deliberate on Thursday at 11.10am.

Jurors lined up across one side of the court as they were asked by the judge’s associate: “Do you find the defendant Gerard Robert Baden-Clay guilty or not guilty of murder?’’

The family of Allison Baden-Clay, including her parents Geoff and Priscilla Dickie, who are seated in the packed public gallery of court 11, cheered as the jury replied: “Guilty”.

The accused was seated in the dock and stood to talk to his lawyer Peter Shields as the judge discharged the jury and thanked them for their service.

Justice Byrne told the jurors he was grateful for their service.

brisbane times

Gerard Baden-Clay appeal likely: legal expert

Date
July 16, 2014 – 2:29PM
Gerard Baden-Clay's defence team Michael Byrne, QC, and Peter Shields (right).

Gerard Baden-Clay’s defence team Michael Byrne, QC, and Peter Shields (right). Photo: Claudia Baxter

 

Wife killer Gerard Baden-Clay will almost certainly appeal his conviction and sentence, a Queensland criminal law expert says.

Professor Heather Douglas from the University of Queensland says Baden-Clay’s legal team will be poring over transcripts of his 21-day trial to find grounds for an appeal.

Baden-Clay has 30 days to lodge an appeal, or apply for grounds to seek an extension of time to lodge an appeal, following his life sentence on Tuesday for the murder of his wife Allison in 2012.

“There’s a very good chance he will appeal,” Professor Douglas said.

“I haven’t been through the fine grain of the transcript, so it’s very difficult for me to suggest that there are clear-cut unambiguous grounds that are likely to lead to success, but certainly that’s what the defence lawyers will be doing now.

“They’ll be looking at every word and every direction, everything the judge said and everything that was presented in the trial.”

Under Queensland law, there are three avenues of appeal, one being error of law, as in whether the judge has made incorrect directions to the jury.

Another is if it can be shown the jury reached a “dangerous” verdict out of step with the evidence presented.

The third avenue is miscarriage of justice, which can cover a variety of scenarios including whether jurors have been found to undertake their own research outside the courtroom or if any evidence presented was prejudicial against the defendant.

Professor Douglas believes Baden-Clay’s legal team could pursue a miscarriage of justice appeal because one juror had downloaded overseas’ material on jury deliberations.

She said this might be enough grounds for an appeal application, but his lawyers would then need to prove, for the appeal to be upheld, that the juror’s action impacted on the defence’s case.

“No trial’s perfect,” she said.

“It may be possible for Baden-Clay’s defence team to identify errors in the trial or problems in the trial.

“That will get them through to the appeals stage where they can then appeal against the conviction.”

Professor Douglas said she was not familiar with the entire Baden-Clay trial but had been impressed by Justice John Byrne’s handling of the matter.

“Justice Byrne’s a very experienced trial judge … he’s been very conservative in what evidence he’s allowed into the trial,” she said.

“He has excluded some relevant evidence on the basis that it would be too prejudicial in the circumstances. I think he’s been very careful with his management of the evidence.”

 

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GBC Trial Day 19.5 (the weekend)

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Something to get the chat going for the weekend

Baden-Clay murder trial: Large crowds in court evidence of a healthy legal system, top barrister says

11/07/14

Gerard Baden-Clay

The murder trial of Gerard Baden-Clay has seen a ticketing system introduced to prevent overcrowding

The high level of public interest in the Gerard Baden-Clay trial is nothing out of the ordinary, and in fact makes for a healthy legal system, a top barrister says.

The former real estate agent’s murder trial attracted crowds to the Brisbane Supreme Court, with extra courtrooms opened for people who queued day after day to gain entry, and a ticketing system introduced to prevent overcrowding.

The Department of Justice and Attorney-General says these special arrangements for large-scale trials are made to ensure openness and transparency in the justice system.

This transparency is key to keeping Australia’s legal apparatus – everyone from police to barristers and judges – held to account, says Ken Fleming, QC.

Mr Fleming was the defence barrister for former Bundaberg surgeon Jayant Patel and has worked as a United Nations prosecutor on international war crimes trials.

“Everyone should be held accountable for what they’re doing, and the open scrutiny of it is a very important thing,” he said.

“You just can’t have things going on behind closed doors, because that engenders fear of the unknown.”

Mr Fleming says the “whole delivery of justice” depends on high levels of public interest, because people can see and understand the process.

Seeing mystery unravel part of appeal, barrister says

The courts are not, however, in danger of turning into another form of entertainment – rather, they always have been.

“You only have to think about the French Revolution and the guillotining in the forecourt of the Notre Dame,” Mr Fleming said.

Although some people may attend just to see a mystery unravel, he believes many also have a genuine interest in watching the ins and outs of the legal process.

There might be some prurient interest as well, but I think that’s not the major reason people are there.

Ken Fleming, QC

“You only have to look at some of the British television programs to see how we love a good murder mystery,” he said.

“There might be some prurient interest as well, but I think that’s not the major reason people are there.

“They just have a genuine interest in what’s going on.”

Glen Cranny, a defence lawyer and partner at Gilshenan and Luton Lawyers, also believes a high level of public interest is healthy for the criminal justice system generally.

“People might come for any number of reasons, and some might come for mawkish reasons,” he said.

“Nevertheless, I think the benefits of having an open and transparent system … far outweigh any perverse interest some people may get out of such proceedings.”

Public pressure witnesses face may discourage some: lawyer

Publicity and public interest in a case can also encourage other complainants or witnesses to come forward and give evidence, where they may have otherwise been unaware or not confident enough.

Rolf Harris‘s case in England, for example, involved people who were coming forward as complainants once they, I think, had the courage that there were protections and systems in place for their story to be told,” Mr Cranny said.

But this benefit has a flip-side: that very publicity could make people apprehensive about revealing their story.

“I think there is a tipping point where some people might think they could do without their face or name being splashed on TV as a witness, or as a complainant,” Mr Cranny said.

“They would be happy to be involved in the process in a low-key way, but don’t want to be engaged … in anything that might in some way feel like a circus to them.”

Reputational issues should also be factored in, especially when a person’s conduct, while lawful, may not hold them in a good light.

“We’ve seen in a recent high-profile case … a lot of focus on extra-marital affairs and so on,” Mr Cranny said.

“There are people who are involved in those relationships, who haven’t broken the law, but have become very prominent just through their personal lives.”

Mr Fleming says that while public interest could make some people “a bit reluctant”, he had not seen any evidence of public attendance impacting on witnesses.

“It is on display and in a sense it’s theatre,” he said.

“But once people are resigned to the fact that they will be giving evidence, I don’t think too much stands in their way.”

Opening additional courtrooms and keeping the public away from “where the action is happening” also means witnesses are only faced with a very small and confined audience in the main court, Mr Fleming said.

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

List of Trial Witnesses as they appear here

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

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Meet Roger Hall- the spy camera toilet pervert


update 14/07/14 More to come he had dozens of cameras, heaps of pen cameras and other stuff, computers, hard drives, stacks of pen drives. Dirty bastard knew exactly what he was doing! Sentenced but back out on appeal today a BIG JOKE

THREE  well-concealed spy cameras. Seven seized computers. 19 hard drives. 84 data cards. Thousands of image files.

And a long list of victims who may never know their semi-naked bodies were secretly filmed in a cafe bathroom by Roger Hall.

Roger Hall gets a joke of a sentence.Disgusting filthy pervert

Roger Hall gets a joke of a sentence.Disgusting filthy pervert

The 61-year-old was jailed on Friday after pleading guilty to stalking, installing an optical surveillance device, making child porn, knowingly possessing child porn and visually capturing genitalia.

The Geelong Magistrates’ Court heard the married ­retiree hid three spy cameras in the unisex bathroom of a ­Geelong cafe where he was a customer and started systematically and obsessively documenting intimate images of strangers.

The name of the cafe has been suppressed to avoid damaging its reputation.

Hall, a regular customer at the cafe, filmed female staff members getting changed out of school uniforms, ­archived pictures of female genitalia, ­edited some videos to play in slow motion and even compiled images in files matching the victims’ names.

But despite the evidence Hall has maintained there was nothing sexual about his ­offending.

He claimed the cameras were set up to keep tabs on his elderly parents-in-law, who visited the cafe regularly, even though police prosecutor ­Senior-Sergeant Steve Iddles said almost every image was of women under 30.

And there were plenty of images for e-crime police to analyse.

Detectives evaluated just half of the seized items, which also included three pen cam­eras and 51 USBs, and uncovered 1111 video files and 303 images of people using the bathroom.

They also found 313 images and 151 videos of people in and around the cafe, which Hall used to match people’s faces to footage of them in the toilet.

Police also found 32 images of child pornography Hall had got from an external source.

The cafe owner, whose family members work at the cafe, said Hall’s crimes had a devastating affect on her personal relationships. “After this crime, I became very uncomfortable around my own husband and any other male,” she said in a victim ­impact statement.

“I get angry that I didn’t know what was happening so I could protect them from the ­violation I now feel.

“I now find myself not trusting anyone except for my family. I now look at most people and question what they are doing.”

As Hall sat in the front row, occasionally nodding at the evidence presented to the court and at other times staring at the floor and rocking, his wife of 29 years sat in the back row quietly crying.

When magistrate Ron ­Saines read out Hall’s sentence — 15 months in prison suspended after six — she burst into loud wails. As her husband was led into the dock she grabbed his hand and when she was led out of court she tearfully blew him a kiss.

Hall lived six decades without being in trouble with the law. He had held down a job and gained a university degree.

But, according to defence lawyer Michael Brugman, at some point “something broke in his mind”.

When handing down his sentence, Mr Saines said Hall was unlikely to reoffend, had pleaded guilty at the earliest opportunity, cooperated with police and expressed sincere remorse.

He also conceded his anx­iety and depression were likely to worsen in custody but said the courts had a responsibility to denounce his behaviour in the strongest possible terms.

The only option, Mr Saines said, was to send him to prison.

“The general view of people in the community, but particularly women, would describe the conduct of the accused as highly depraved and indeed revolting,” Mr Saines said.

“The law is clear the courts must hold protection of the public as the most important objective.”

Hall will remain in prison until January 2015.

Hundreds of people captured on spy cam in Geelong cafe’s unisex bathroom

Court

Roger Hall pleaded guilty to setting up a spy camera in a Belmont cafe’s toilet.

 

A MAN who hid three spy cameras in the unisex toilet of a Geelong cafe had captured thousands of images of people using the toilet and female staff getting changed, a court has heard.

Roger Hall, 61, from Grovedale, pleaded guilty at Geelong Magistrates Court yesterday to stalking, installing an optical surveillance device, producing child pornography, knowingly possess child porn and visually capture a person’s genitalia.

Prosecutor Senior-Sergeant Steve Iddles said a video camera was found under the basin in the toilet on May 9 last year.

A police search also ­uncovered two cameras strapped under a toilet cistern in the bathroom, which was used by staff and patrons.

When Hall, a cafe regular, attended the venue later that day he was questioned by police and made full admissions to owning the cameras.

But he said they were to keep an eye on elderly in-laws, who had recently had falls.

A search of his house and car led police to seize three pen cameras, six computers, 19 hard drives, 51 USB sticks, 82 data cards, 14 digital recording devices and a large number of DVDs and CDs.

Sen-Sgt Iddles said police in the e-crime squad assessed only half the content and still found 1111 videos of people using the toilet as well as hundreds of images and other videos from around the cafe.

“Nearly all of the file subjects were female and appeared to be aged between 15 and 30 years of age,” he said.

“In a number of the files the subject was a child aged as young as three or four.

“In many instances the subject’s genitalia can be clearly seen.”

Sen-Sgt Iddles said as a result of viewing the material one officer with 20 years’ ­experience had to seek counselling and take time off work.

Defence lawyer Michael Brugman said Hall was deeply ashamed of his behaviour.

“He has wanted to be given an opportunity to say he is sorry and express his remorse,” Mr Brugman said.

“He has come to understand and believe that something broke in his mind.”

He said his client, who has been married for 29 years, had undiagnosed mental health ­issues but was now receiving medical help.

Magistrate Ron Saines ­adjourned the matter for sentencing on July 11.

Sex abuse royal commission: Prosecutor defends using question of 12-year-old’s breasts in legal advice in Scott Volkers case


Updated 10 hours 41 minutes ago

A senior NSW prosecutor has defended using the question of whether 12-year-old girls have breasts to back up her finding that there was little chance former Olympic swimming coach Scott Volkers would be convicted of sex abuse charges.

In 2002 Volkers was charged with a range of sexual abuse offences relating to three young female swimmers – Julie Gilbert, Kylie Rogers and Simone Boyce – but those charges were later dropped.

A royal commission into child sex abuse is currently examining how sports bodies and top prosecutors handled the allegations.

Queensland Police reopened the case against Mr Volkers in December 2002.

In December 2003, Queensland‘s Director of Public Prosecutions (DPP) sought the advice of the NSW DPP as to whether the new brief of evidence supporting the allegations had reasonable prospects of conviction.

The NSW DPP, Nicholas Cowdery QC, tasked deputy senior crown prosecutor Margaret Cunneen SC with preparing the advice.

In her advice, Ms Cunneen questioned whether the charges against Mr Volkers had a reasonable chance of success because it was legitimate to ask – following Ms Gilbert’s assertions that Mr Volkers had massaged her breasts – whether 12-year-old swimmers even had breasts.

At the royal commission on Thursday, Ms Cunneen said that was still a valid question for a jury to consider.

“If a defence counsel could raise a doubt that there was any palpable breast tissue, through the clothing of course, then we’d be in trouble trying to say that she had breasts,” she said.

On Tuesday, Ms Gilbert told the ABC’s 7.30 program Ms Cunneen’s questions regarding her allegations were deeply hurtful.

Advice based on whether jury would accept evidence: Cunneen

The counsel assisting the commission, Gail Furness SC, also asked Ms Cunneen whether it was fair to say she does not resile from her original advice to the Queensland DPP regarding any conviction being unlikely.

“I take it from the terms of [your] statement Ms Cunneen that you don’t resile in any way from the advice you gave in 2004 in relation to Mr Volkers?” she said.

Ms Cunneen answered that she stands by the advice.

Scott Volkers

“Bearing in mind it was 2004 and that maybe [there are] some considerations in relation to juries being more amenable in 2014,” she said.

“We were probably only two-thirds of the way through the evolution, in terms of public knowledge and acceptance of child sexual assault cases then.

“But no, I don’t resile from the advice at all.”

She told the commission the credibility of the three alleged abuse victims was not in question, rather she was questioning whether a jury would accept their evidence.

“Sexual assaults are harder to prove than murders and robberies because it so often comes down to one word against another,” she said.

“The judge would tell [the jury] ‘probably is not enough, the gravest suspicion is not enough, you have to be satisfied beyond reasonable doubt that that happened’.”

Volkers was exempt from holding blue card: inquiry

Earlier, the commission heard Mr Volkers was exempt from holding a blue card in Queensland, despite the fact his application was rejected.

He applied for the blue card – which is needed for working with children – along with about 60 other employees from the Queensland Academy of Sport in mid-2008.

The royal commission heard Mr Volkers’ application was the only one to be issued with a negative notice and his application for a blue card was rejected.

The director of Queensland’s blue card system, Michelle Miller, told the inquiry the recommendation to reject Mr Volkers’ application was handed down before it was decided he was exempt from the requirement to hold a blue card because he was a government employee.

On Wednesday, Swimming Queensland chief executive Kevin Hasemann agreed to review Mr Volkers’ status as a life member of the organisation and a Hall of Famer.

Mr Hasemann admitted to the commission he did not investigate the allegations against Mr Volkers before employing him.

The hearing continues.

Todd Carney is a disgusting PIG ban him for life-photo


3 MILLION DOWN THE DRAIN TODD…

(It is all over the net now, after the main media played it down for the NRL no doubt, so the original image I posted on weekend way down the thread is mainstream. I like this one I made better now!)

3MLLIONDOWNTHEDRAIN

The NRL is investigating a disturbing photo which  threatens the career of Cronulla star Todd Carney after it was published online on Saturday night

Like those engaging in disgusting acts before him  in Rugby league, they are not needed in the game. Idiots like Carney are NOT bigger than the game and he needs to go. His so-called career is peppered with idiotic behaviour, and can no longer be put down to youth or the booze.

It is a sick act, taken and shared by a sick friend of his (unless he was SO WASTED Joe Blow took the picture without Carney even knowing, great night out Todd wasn’t it.

Is this who we want our boys looking up to? NO bloody way!

Hey folks here is a comment from his manager/agent  David Riolo

picture of player urinating in his mouth should not have been a sackable offence by Cronulla Sharks

really.pngReally, what, we should make a calendar of all the players and ecelebrate this?…What a stupid statement….Of course he is PISSED he will no longer get a cut of the 3 million dollar contract his client just lost…

UPDATE 4.25pm

Cronulla Board members decided this afternoon to terminate his $650,000-a-year contract effective immediately, despite having three years remaining

UPDATE TONIGHT 5.50PM

See following a statement issued by CEO Steve Noyce on behalf of the Cronulla Sharks

The Cronulla Sharks Football Club has today after careful consideration and lengthy deliberation, including discussions with senior NRL management, made a decision to terminate Todd Carney’s NRL playing contract effective immediately.

At the Sharks we are committed to building a successful club, a club with strong values and a club which sets and respects high standards in all aspects of its operations and activities.

When Todd was first signed to the Sharks he was made well aware of his responsibilities both on and off the field, to himself, the club and to the game in general, however the photograph that appeared last night on social media does not meet the values and standards the club is looking to uphold and take into the future.

As with any difficult decision, whilst you can’t change the past, it is important to put measures in place that can deliver positive outcomes both in the present and into the future.

The club and the NRL will be committed to working with Todd, his family and his management in implementing appropriate counseling and support, with the start of this process to begin tonight. 

Cronulla’s Todd Carney in trouble again after picture on social media appears to show him engaging in unsavoury act

The lewd picture has surfaced just one day after Carney starred in Cronulla’s epic comeba

The lewd picture has surfaced just one day after Carney starred in Cronulla’s epic comeback against Brisbane on Friday night. Source: News Corp Australia

Cronulla five-eighth Todd Carney’s future in the NRL is again under threat following the appearance of a disturbing image on social media.

The image published on Twitter on Saturday night shows Carney standing at a urinal and he appears to be engaged in an unsavoury act.

It is the latest incident in Carney’s colourful career which has been marred by alcohol-related issues.

The 28-year-old NSW representative and 2010 Dally M medallist was banned from playing in the NRL in 2009 due to repeated alcohol-related incidents when he was at Canberra.

Carney joined Cronulla in 2012 after being sacked by the Sydney Roosters for breaking a club-issued alcohol ban in 2011.

He linked with the Roosters following a year playing rugby league in regional Queensland.

This latest incident comes after Carney starred for the battling Sharks in their thrilling 24-22 comeback win over Brisbane on Friday night.

TODD Carney is facing the fight of his career after a shocking lewd picture of the NRL player went viral on social media overnight.

The image, which is yet to be authenticated, allegedly shows Carney in the toilets of Sutherland shire nightclub Northies urinating into his own mouth, an act also known as ‘bubbling’.

His club has issued a stern ‘please explain’ warning, and according to the Daily Telegraph the 28-year-old now faces the sack over the shocking picture.

While Todd Carney is yet to officially comment on the photo, the subject got a fiery response on Sunday Triple M, with co-host Paul Kent blasting Carney as “a p***ed idiot at the trough acting like a goose.”

Also known as ‘gargoyling’, bubbling is an internet craze that is particularly prevalent within the skating community.

One skater, Troy West, told Vice that it’s part of an Aussie skater’s everyday life, and was something that was even passed down to him from his father.

The craze is apparently starting to pick up in Europe too, with West claiming he was ‘bubbling’ in both Austria and Italy with other skaters while touring.

“Why?” you might ask.

“To provoke reactions from laymen,” of course.

It wouldn’t be the first time Todd Carney has landed in hot water for his off-field indiscretions.

In 2009 he was banned from playing in the NRL after repeated alcohol-related incidents while playing for Canberra.

He spent the season playing with the Atherton Roosters in the Cairns competition before joining the Roosters the following year.

After two seasons with the Tricolours, Carney was released from the final year of his contract after he broke a team-imposed alcohol ban.

That same year, Carney was caught up in another scandal after nude pictures of him were found of a second-hand phone in Canberra.

Louise Hallam was shocked after finding the pictures of the footballer stored on the phone.

Carney admitted he had used a device to take explicit pictures of himself in front of the bathroom mirror and had forwarded the photos to a girl he met on Facebook months after she exchanged a lewd photograph of herself.

Originally published as What on Earth was Todd Carney thinking?

The pic is included way down the page, and consider yourself warned you will be shocked

He is standing at the mens urinal weeing a stream of urine up into his mouth/face.

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Todd Carney the PISS HEAD

Todd Carney the PISS HEAD

Disgraced star Todd Carney has flushed away his NRL career after Sharks terminate his contract

CRONULLA Sharks star Todd Carney’s agent claims the disgraced NRL player did not drink his own urine in a picture that ultimately ended his career.

“It’s a setup, like when people stand in front of the Leaning Tower of Pisa,” Carney’s agent David Riolo told 2UE this morning.

“Todd’s paid a very, very heavy price for a photo that he didn’t want out there or upload himself. It was supposed to be kept between mates.

“The person who took the photo contacted me this morning by text and said, ‘My phone got lost’ – supposedly – and that’s how the photo got out. It was meant to be a joke.

“He’s now got a photo of himself gone worldwide in not a very pleasant setting that’s going to be on the net for his family and everyone to see for future generations. That in itself is a very big price to pay.”

The claims come as the Sharks this morning cancelled their planned training session.

Carney had two warnings about poor behaviour this year before the embattled club sacked him over a social media photo scandal.

A vulgar picture of Carney urinating in his own mouth at a Cronulla nightspot went viral over the weekend — forcing Sharks directors to tear up his $3 million contract in a phone hook-up on Sunday.

The photo was taken two Saturdays ago in the men’s toilets at Northies after the team’s thrashing by Manly. The photo will not be printed because of its lewd nature.

VIDEO: VIRAL PIC MEANS CARNEY HAD TO GO

COMMENT: THE SHARKS HAD NO CHOICE BUT TO SACK CARNEY

MONDAY BUZZ: BLOG WITH PHIL ROTHFIELD ALL DAY MONDAY

TIMELINE: STRIFE AND TIMES OF TODD CARNEY

It has emerged the wayward five-eighth had been hauled before club management twice this year over drink-related behaviour incidents. In one case he had been with another man who was charged with assaulting two teenagers in Cronulla mall.

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Cronulla Sharks CEO Steve Noyce says Todd Carney’s behvaiour was not up to the high standards set by the club.

A senior club official confirmed the Sharks had tried so hard to sign former Tigers superstar Benji Marshall because Carney was unlikely to see out his contract.

It was the second time Cronulla boss Steve Noyce, the former Roosters chief executive, has had to sack Carney.

The Daily Telegraph understands club chairman Damian Keogh consulted Blues State of Origin skipper Paul Gallen and coaching staff.

NRL 360 host Paul Kent weighs in on Todd Carney’s sacking, stating the fallen star may have no other option than playing overseas.

We’re trying to improve the club commercially and the culture is very important,” Mr Keogh said.

“We’ve made a decision to only sign players in future who can contribute to that.

“Unfortunately Toddy can be a really lovely young bloke but he has well-documented issues with alcohol that have led to a number of problems.”

On Sunday evening the Sharks released a statement saying Carney did not meet “the values and standards the club is looking to uphold and take into the future.”

The club has promised to implement appropriate counselling and support to Carney and his family.

Jim Doyle, the head of the NRL integrity unit, supported the Sharks’ decision to dump the troubled Carney and said that he had tarnished the image of the game.

“The overwhelming majority of NRL players are great role models who do such good work on and off the field,” Doyle said.

“But those who want to bring the game into disrepute are on notice that their behaviour will not be tolerated and the Sharks should be commended for taking such a strong stand in this instance.”

Carney still had three years left to run on his $650,000-a-year contract meaning he is almost $2 million out of pocket.

The shocking image of Carney at the urinal in the toilets at local Cronulla nightclub Northies emerged on social media on Saturday night and went viral with Todd Carney trending on Twitter.

Todd Carney was one of the stars in the Sharks win over the Broncos.

Todd Carney was one of the stars in the Sharks win over the Broncos. Source: Getty Images

THE CROWD: FOX SPORTS NRL commentator Warren Smith says if the Sharks had not sacked Carney they may as well have shut up shop.

Even Carney’s biggest supporter, suspended coach Shane Flanagan, refused to stand by the troubled five-eighth this time.

Todd Carney spent a year in Atherton after being banned by the NRL.

Todd Carney spent a year in Atherton after being banned by the NRL. Source: News Limited

Rugby league immortal Andrew Johns told Channel Nine’s Sunday Footy Show that Carney should not be sacked over the latest incident.

“Surely they couldn’t sack him for that,” Johns said.

“It’s silly … it’s stupid (but) he is only doing it to himself.”

Todd Carney in training with the Kangaroos.

Todd Carney in training with the Kangaroos. Source: News Limited

The Sharks had only just found some on-field joy, coming back from a club-record 22-point deficit to defeat the Broncos 24-22 in Brisbane on Friday night.

The Sharks had gone the previous three games without scoring a point and Carney was awarded three Dally M points as best on ground.

This is the latest incident to impact Carney’s career.

The 2010 Dally M medallist was banned from playing in the NRL in 2009 after repeated alcohol-related incidents while playing for Canberra.

Cronulla's Todd Carney scores a try.

Cronulla’s Todd Carney scores a try. Source: News Limited

That year he played with the Atherton Roosters in the Cairns competition before joining the Roosters in 2010.

After two seasons with the Tricolours, Carney was released from the final year of his contract after he broke a team-imposed alcohol ban.

Carney joined the Sharks in 2012 — the same year he made his State of Origin debut for New South Wales.

Todd Carney

Age: 28

Rep honours: 1 Test for Australia (2010), 3 games for NSW (2012)

  • - Makes NRL debut for Canberra Raiders in 2004 where he spent five seasons before having his contract torn up and was de-registered by the NRL after repeated offences involving alcohol.
  • - Spent the 2009 season playing with the Atherton Roosters in the Cairns competition before joining the Roosters the following year.
  • - In 2010 won the Dally M Medal for Player of the Year and led the Roosters to a grand final appearance against St George Illawarra.
  • - Roosters release Carney from the final year of his contract in 2011 following a string of alcohol related incidents which included a drink-driving charge and breaking a team imposed drinking ban.
  • - Joined the Sharks in 2012, the same year he made his State of Origin debut for New South Wales.
  • - In late 2013 agreed to a five-year deal that would keep him at Cronulla until the end of the 2018 season.