Toni McHugh-Who are You? Go away now


Courtesy of Australian Women’s Weekly…

Toni McHugh: ‘My future with Gerard included his children’

Wednesday, July 30, 2014

The mistress of convicted wife-killer Gerard Baden-Clay believed she would eventually build a life with him and his three young daughters.

In an exclusive interview with The Australian Women’s Weekly, Toni McHugh has opened up about how she and the now convicted murderer had high hopes of setting up house together and getting shared custody of his children.

McHugh, who was engaged in a four year affair with Baden-Clay when he violently killed his wife of 14 years,  Allison Baden-Clay, says she always considered the couple’s children when they discussed a life together.

“The future I was planning with Gerard, it actually included them. It included Allison! I thought we would all get to the point where we all, you know, shared custody, like adults and got on,” she told The Weekly.

Related: Gerard Baden-Clay’s secret life of betrayal revealed

The former real estate salesperson also shared unsettling details about the moment she came close to Allison’s body.

“We drove over that bridge, and she was under there, and later that day, maybe around noon, we heard a woman’s body has been found, and I knew straight away – instantly – that it was Allison,” Ms McHugh said.

When asked whether or not she felt responsible for Allison’s untimely death, McHugh, who describes herself as ‘Australia’s Monica Lewinsky’ – the most famous White House intern in history, said ‘No’.

Related: Gerard Baden-Clay’s colleague tells: ‘I was working with a murderer’

“It is horrible to have it said that you are the motive (for murder),” she said.

“But no, I’m sorry, he wasn’t thinking about me. He was thinking about himself.”

While McHugh admits she’s still trying to come to terms with what’s happened, she is now planning to write a book about the case.

“I’m the only one who can tell this story,” she said.

Gerard Baden-Clay was sentenced to life in prison with a minimum of 15 years behind bars for killing Allison and dumping her body in Brisbane’s Kholo Creek.

Read more of this story in the August issue of The Australian Women’s Weekly. 

About these ads

Wear Yellow for Allison Baden-Clay Day August 1st 2014


On Friday 1st August it’s Wear Yellow for Allison Baden-Clay Day  This day is not about raising money. Instead Allison’s friends and family asks you to wear some yellow and perform an act of kindness (big or small) in memory of Allison.

If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

Donate to the Baden-Clay children | BSB: 084 737 | Account Number: 943 084 078.

http://wearyellowforallison.weebly.com/

I will also include information on how to send cards of support and condolences to Allisons family shortly

 

Gerard Baden-Clay Appeals against Murder Conviction


Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)

Just to lighten the mood, GBC needs reminding he was over confident before too! How wrong he was!

cop shop

update 20/07/14

GERARD Baden-Clay was wheeling and dealing behind bars to gain up to $2 million if he’d been acquitted of murdering his wife Allison.

The day before the remorseless killer was found guilty, he bragged to prison guards he would soon be a free man.

And he was set to be a wealthy one too.

Baden-Clay would have walked out to a media deal of at least $600,000, negotiated by his family as he awaited trial.

He also would have collected up to $1 million from his wife’s insurance policies and $440,000 from selling a Gold Coast investment property he had owned with his wife.

Behind the scenes, TV producers flew up to Brisbane to woo the Baden-Clays with huge sums of money if he walked and talked.


 

Allison Baden-Clay’s family make plea as Gerard’s lawyers launch appeal against murder conviction

9 hours ago July 18, 2014

WIFE-killer Gerard Baden-Clay is prolonging the agony of Allison’s family and friends, appealing his conviction just two days after being sentenced.

He claims the jury was “unreasonable” when they found him guilty of murdering his wife and that a “miscarriage of justice” had occurred.

The challenge will likely take more than six months to get to court.

Last night Allison’s family told of their anguish at the appeal.

“It’s been a difficult time for the family, just let her rest in peace,” one of Allison’s relatives said

Baden-Clay was condemned in court by Justice John Byrne for using his wife’s struggles with depression in an attempt to beat the murder charge.

Baden-Clay’s defence team of barrister Michael Byrne QC and solicitor Peter Shields filed the paperwork yesterday shortly before midday.

The appeal claimed a miscarriage of justice occurred because the jury should have been directed the presence of Allison Baden-Clay’s blood in her car was only relevant if the jury was satisfied beyond reasonable doubt it could only have got there from an injury that occurred on the night she died.

It also argued the trial judge should have directed the jury that they needed to be satisfied beyond reasonable doubt Baden-Clay took his wife’s body to Kholo Creek in order to use it as “post offence conduct going to guilt’’.

Baden-Clay’s legal team also claimed the judge should not have told the jury they could consider whether he had “attempted to disguise marks on his face’’ by making razor cuts.

Lawyers are given one month to lodge an appeal. It would then be listed for hearing in the Court of Appeal.

Appeal notices are usually subject to significant refinement before written outline of arguments are lodged closer to the hearing date.

When the matter makes it to the court, Baden-Clay will appear before a panel of three judges. His lawyers will outline why they believe the trial failed and the Crown will respond.

If he is successful, he could be acquitted or the case could be tried again.

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.

An image of a bearded Gerard Baden-Clay that was tendered

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.”


Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)

 

Who wants to be a unpaid crime blog reporter/contributer?


Not real journo’s who still have a job, maybe cadets (but not good for resume…mmm)

Maybe old school scribes who wish they could stay in the game!

How about folks like me with no relevant qualifications but gives a toss about the crimes in their communities?

The pay-off is a verdict like today GBC cowardly wife killer.

People like me? You relate to how I write?

Hey cant spell well, 2 finger typer…So am I YES…Our stuff gets checked before we post.

Sounds like you?

GOOD keep reading

This site has had massive coverage lately (I cover non famous crimes too)

I’m thinking along the lines of a Co-ordinator in each state

That co-ordinator runs that states crimes and has authors who get the stories up.

What do you think?

Sound good, bad, troublesome, confusing?

All I want is to give the best coverage of what is going on in our communities.

The community expectations has/have?  outgrown my skills honestly…

Each state, minimum deserves better coverage. The good people email me why haven’t you covered this rape, or that kidnapping, or the death of a cousin in my indigenous community.

You could help us!

Gerard Baden-Clay-What jury didn’t hear


Information about Allison’s autopsy released

Previously suppressed evidence involving testimony from the pathologist who did the autopsy on Allison Baden-Clay has now been released.

Dr Nathan Milne could not determine a cause of death for Allison in 2012, but noted three injuries which he concluded could have been the result of blunt force from an assault.

They included an abnormality to the head which may have been a subdural haemorrhage, bruising on the chest wall and a chipped tooth.

Dr Milne’s report said it was open to conclude that Allison was smothered or strangled, possibly with her jumper.

But in a pre-trial hearing in February, the defence applied to have some of Dr Milne’s evidence excluded because it was speculative or prejudicial.

Justice Peter Applegarth ruled his orders on the evidence not be published until the verdict.

http://aussiecriminals.files.wordpress.com/2014/02/qsc14-156.pdf

July 16, 2014 – 6:15PM will be updated with bits highlighted by YELLOW

DETECTIVES bugged the flowers at Allison Baden-Clay’s funeral in an extraordinary bid to catch her husband confessing.

The lengths police went to in their investigation into Allison’s disappearance and death can now be revealed.

Police set the trap because they thought Gerard Baden-Clay might break down if he was alone with the coffin.

SPECIAL FEATURE: From dream life to suburban nightmare

KEY EVIDENCE: Cops knew this was face of a killer

DOUBLE LIFE: Baden-Clay’s asked woman to kill his wife

SHATTERED DREAMS: ‘I wanted to be Mrs Baden-Clay’

However the attempt failed when Baden-Clay arrived to the funeral late with his young daughters in tow. The bugging was one of a number of bids to trap Baden-Clay.

His every move was monitored during the investigation. Phone taps picked up conversations between him and Toni McHugh.

There were also reported sightings around the Kholo Creek area that may have indicated more than one person was involved but police could not substantiate them.

Gerard Baden-Clay at the funeral of Allison Baden-Clay.

Gerard Baden-Clay at the funeral of his wife Allison. Photographer: Liam Kidston Source: News Limited

Detectives searching for a breakthrough went far and wide in the investigation. Photos of Baden-Clay’s scratches were sent to the UK’s Serious Organised Crime Agency for advice and plant cuttings from the Baden-Clay residence were sent to South Australia.

Experts in Western Australia were consulted to eliminate death by drowning, and maggots were sent to Wollongong to determine their age.

A caterpillar expert was consulted about the marks on Baden-Clay’s neck and chest and a Queensland botanist played a key role in examining the leaves found in Allison’s hair.

Eventually detectives swooped on the Baden-Clay family in the days before his arrest in a final bid to extract more evidence.

A car similar to Allison Baden-Clay’s silver Captiva was recorded on CCTV at the Kenmore roundabout on the night she went missing.

Detectives could not identify the vehicle on the grainy footage so selected a range of vehicles with similar shapes and drove them to the roundabout at the same time of night to see if they matched.

They also stopped motorists on the chance a shift worker who regularly drove past might have seen one of the Baden-Clay cars or witnessed anything else relevant.

The exercises did not yield any significant evidence.

But ultimately it was the evidence on Baden-Clay himself the day he reported his wife missing that convicted him. The scratches on his face marked him as a murderer

GBC was looking for women on the world’s largest sex, dating and swingers site on New Year’s Eve 2010

“Looking for discrete (sic) sex,” Gerard Baden-Clay typed.

“Married but don’t want to be – looking for some sex on the side!”

It was New Year’s Eve 2010, and Gerard was starting early with a resolution to escape his suburban life. The wife he no longer loved. The mistress who wanted him to herself.

A long-time-married, long-time-cheating husband with much-forgotten marriage vows


 

Baden-Clay murder: Police won’t rule out reports Allison’s coffin was bugged in bid to catch killer

Updated Wed 16 Jul 2014, 7:50pm AEST

The hearse leaves the church

Photo: Queensland Police say “wide and varied strategies” were used to catch Allison Baden-Clay’s killer. (ABC/Supplied)

The former head of the Queensland Police homicide squad is not ruling out reports that Allison Baden-Clay’s coffin or flowers were bugged at her funeral in a bid to catch her killer.

Former real estate agent Gerard Baden-Clay was yesterday sentenced to life in prison after being found guilty of murdering his wife in 2012.

He reported her missing 10 days before her body was found on the bank of Kholo Creek in Brisbane.

Detective Superintendent Brian Wilkins, who headed the investigation into Allison’s murder, told 612 ABC Brisbane’s Steve Austin that police were immediately suspicious of Baden-Clay because his face was scratched and “things did not add up”.

He also said “wide and varied strategies” were used to gather evidence.

Austin: I’m interested in what “wide and varied” means. We’ve read that you went to such lengths as bugging either the flowers or the coffin of Allison Baden-Clay at the funeral in the hope of getting some sort of under-the-breath or private confession from Mr Baden-Clay, is that true?

Wilkins: I’m not in a position to talk about methodologies that we utilise. As I said the investigation is in relation to a very, very serious crime and the police will use whatever lawful tactic that we have to gather evidence to sustain a conviction and place a person before the court.

Austin: It’s been reported in today’s Courier-Mail newspaper – is that report accurate or inaccurate? About the bugging of elements of the funeral of Allison Baden-Clay.

Wilkins: As I said a vast array of investigative strategies are used and those investigative strategies are utilised in a lawful fashion and I don’t want to go into specific methodologies that were utilised.

 

Information about Allison’s autopsy released

Previously suppressed evidence involving testimony from the pathologist who did the autopsy on Allison Baden-Clay has now been released.

Dr Nathan Milne could not determine a cause of death for Allison in 2012, but noted three injuries which he concluded could have been the result of blunt force from an assault.

They included an abnormality to the head which may have been a subdural haemorrhage, bruising on the chest wall and a chipped tooth.

Dr Milne’s report said it was open to conclude that Allison was smothered or strangled, possibly with her jumper.

But in a pre-trial hearing in February, the defence applied to have some of Dr Milne’s evidence excluded because it was speculative or prejudicial.

Justice Peter Applegarth ruled his orders on the evidence not be published until the verdict.

Case was difficult to prove due to circumstantial evidence

Detective Superintendent Wilkins says cases based on circumstantial evidence are more challenging to prove when there are no witnesses and no admissions.

He says police were pleased with the verdict but were taken aback by the intense public interest in the case.

“I’ve been in the police for many years and involved in hundreds of homicide investigations and certainly it was the largest media contingent and certainly the largest public interest I’ve seen,” he said.

“I was involved in the Daniel Morcombe investigation. That had significant media and public interest, but it was nowhere near the media and public interest that we’ve recently viewed.”

Bruce Morcombe, whose 13 year old son Daniel was abducted and murdered in 2003, says it is crucial the Baden-Clay children are now given support.

“We feel so sad about those children – the extended family, particularly the children,” he said.

“You know they’ve not only lost mum but they’ve lost Dad as well. We hope and pray and whatever we can do within the Daniel Morcombe Foundation to support those kids we will do that for sure.”

There is no word yet on whether Baden-Clay will appeal against his conviction, but he has a month to do so.

Lawyer Justin Quill told the ABC that an appeal against the sentence is unlikely because of Queensland’s mandatory sentencing laws.

However, he said there is likely a number of grounds upon which his lawyers can appeal against the conviction.

“Those grounds could be the exclusion of particular pieces of evidence. It could be taking the judge to task on the precise wording of the charge or the answers to the questions. The answers to the questions are crucial,” he said.

GERARD Baden-Clay was visited by his parents as he spent his first day as a convicted murderer at Wolston Correctional Centre yesterday.

Nigel and Elaine Baden-Clay arrived at the jail about 2.30pm to visit their son, who sources said spent his first night alone inside the prison’s “jelly room”.

His parents arrived with a large envelope and stayed at the jail for about an hour.

After arriving on Tuesday night, Baden-Clay would have been strip searched, given new clothes, photographed for identification, interviewed and assessed by psychologists.

COURT MOVE: The evidence Baden-Clay didn’t want jury to hear

Convicted murderer Gerard Bayden-Clay's parents Nigel and Elaine Bayden-Clay visit their

Convicted murderer Gerard Bayden-Clay’s parents Nigel and Elaine Bayden-Clay visit their son in Wolston Correctional Centre, Wacol. Photographer: Liam Kidston.

He was allowed to phone his parents where he was reportedly emotional before being placed in a cell to undergo observation, where he will be monitored by nurses and psychologists.

Baden-Clay’s prison number.

Baden-Clay’s prison number.

Baden-Clay’s prison number.

Depending on his risk level he will continue to be monitored or watched remotely by camera before his final placement at the prison, which is filled with high-profile prisoners and sex offenders.

“They usually keep them in a safe area until they can assess their state of mind,” a prison source said.

“He would be considered a risk of self-harm or harm from others, originally.

“I think you can probably understand a lot of media attention can be positive or negative in the prison community.

“Jelly room – it’s a prison term – if someone is unstable and wobbly like jelly, that’s where they go.”

Upon arrival Baden-Clay would have been given an induction booklet describing the prison’s daily schedule and information about employment and medical services.

Family shares heartbreak of Allison’s loss 3:01

He would be entitled to work in the prison and receive a small daily wage of between $4.50 and $7.50 per day.

Jobs in jails include laundry, timber, metal, textiles, assembly and packing, painting and powder-coating work.

“Prisoners have the potential to earn up to $52.50 per week for work in a range of prisoner industries or other roles, such as cleaning prisoner common areas,” a Queensland Corrective Services statement said.

“Prisoners may purchase a small range of approved items from the prisoner canteen, including magazines and newspapers, food items, clothing and toiletries.”

Prison meals are generally served from about 4.30pm and morning headcount is conducted at about 6.45am.

Baden-Clay’s small cell would have a single bed, sink, toilet, shower and TV


 

The public’s fascination with Baden-Clay 1:56

The murder of Allison Baden-Clay reveals a sordid tale with young lives left in tatters.

“They don’t wear their own clothes, there are a lot of limits,” the official said.

“It’s a fairly austere life at the best of times.”

The Baden-Clay family gathered at the family home at Kenmore yesterday and were visited by defence solicitor Peter Shields.

“I won’t be making any comment. It’s difficult for everyone but I won’t be making any comment and neither will the family,” Mr Shields said.

“No I won’t be (saying how they’re feeling). I think sometimes some things just call for a dignified silence.”

brisbanetimes.com.au reporter

Police suspected Gerard Baden-Clay murdered his wife “very early in the piece” while Allison’s family will “grieve her tragic death forever”.

The murder trial of Gerard Baden-Clay may have never heard from the convicted killer if a ruling at a critical point of the case went the other way.

The seven men and five women of the jury were unaware Mr Baden-Clay’s defence team tried to have the murder charge against the former real estate dismissed the day before he stepped into the witness box.

But we were

The application could have changed the entire course of the trial.

The jury was also unaware that Mr Baden-Clay, a former prestige Brisbane real estate agent, secretly sold the Gold Coast home he owned with his wife to fund his legal battle from his prison cell.

The prosecution spoke of Mr Baden-Clay’s behaviour in the days and weeks after his wife’s disappearance, but could not speak of his time behind bars so as not to prejudice the jury.

Evidence heard during his failed bail application and his pre-trial hearing was also withheld from the jury at the trial.

The jury heard the Baden-Clays purchased a Paradise Point investment property.

But, it was not told that Mr Baden-Clay arranged, from his prison cell in the Arthur Gorrie Correctional Centre, for the investment property to be sold three months after being arrested for his wife’s murder.

The jury was also unaware Mr Baden-Clay remained in custody for the duration of the trial, having been deemed too great a flight risk and denied bail by the Supreme Court in 2012.

The Baden-Clays’ beach shack on Abalone Avenue was owned by the couple’s company World of Top Step Pty Ltd, of which Mr and Mrs Baden-Clay were both directors.

Mr Baden-Clay also applied, from his prison cell, to the Australian Securities and Investments Commission to have his late wife removed as director and secretary of WOTS. what a loving grieving husband, protecting his few dollars

The sale was revealed in Supreme Court documents relating to the control of Mrs Baden-Clay’s estate in September 2012.

Her father Geoff Dickie was awarded interim control of his late daughter’s estate in 2012, after arguing her assets should not be sold off or proceeds divided before her husband faced trial.

The grieving father, who with his wife is now caring for his three granddaughters, said he did not know the full value of his daughter’s estate.

“I did not know the full extent of the assets and liabilities of the estate because most documents relating to Allison’s financial affairs are held by the police,” he said in his affidavit.

Mrs Baden-Clay’s will was made in 1997, just before her marriage to Mr Baden-Clay and before she had any children.

In it she lists her future husband as the sole executor and benefactor of her will and appoints Mr Dickie as the executor if Mr Baden-Clay could not fulfil the obligations.

Mr Dickie will have to re-apply to take control of his daughter’s estate, although Mr Baden-Clay has been found guilty of her murder. amazing isn’t it?

The jury was also unaware of additional evidence raised in Mr Baden-Clay’s bail application relating to the forensic examination of his mobile phone, which his defence team successfully explained away.

Crown prosecutor Todd Fuller, QC, described Mr Baden-Clay’s mobile phone as his “lifeblood’’ given he was a real estate agent.

Two days before reporting his wife missing, Mr Baden-Clay Googled “taking the fifth” at 10.08pm.

Police alleged the search led to results including “self incrimination”, which he accessed through Wikipedia.

The trial heard Mr Baden-Clay watched a television program with his parents on the night of April 18, 2012, after he and his wife returned from taking a drive to the Mt Coot-tha lookout to discuss his infidelity.

The court was not told that program was The Good Wife on Channel 10.

Mr Baden-Clay claimed he searched the web for the American legal term to help explain it to his mother.

Indeed, police were able to verify that that night’s episode of The Good Wife made numerous references to the term.

Police said the forensic examination of Mr Baden-Clay’s phone showed he Googled “self incrimination” on April 20, just minutes before he dialled triple-0 to report his wife missing. He only accessed the page for three seconds.

Mr Baden-Clay said he did not search the internet for the term, but rather the web-page from his previous search “simply reloaded”. yeah we believe that

Similarly, the initial forensic examination showing Mr Baden-Clay made a FaceTime call to his father about 12.30am on April 20 was found to be incorrect.

Mr Baden-Clay’s pre-trial hearing heard police investigators realised Mr Baden-Clay’s iPhone 3GS was not capable with making FaceTime calls.

”There was a false positive in the tests,” police computer analyst Neil Robertson said.

The jury was privy to the evidence, but not the legal argument when Justice John Byrne aired his concerns about the defence case during the trial.

Once the Crown closed its case against the accused on the 10th day of the trial, Mr Baden-Clay’s defence team lodged an application for the murder charge to be dismissed.

Barrister Michael Copley, QC, made the application for “no case to answer for murder” on behalf of Mr Baden-Clay, saying evidence of a struggle between the accused and his wife did not confirm she was “fighting for her life”.

Justice Byrne said he had three concerns about drawing such conclusions, although he was careful to couch his responses in hypothetical terms.

“She was involved in a physical altercation with him. She did not survive that. Why is it not in all the circumstances open to the jury to infer that she did not survive it, because he proceeded with his intention to kill her?” he asked.

Mr Copley said: “Because … all the evidence goes to show is that there was an argument, there was arguably a fight, she responded physically towards him, and she is dead. That is all the evidence shows.” this was on the 10th day of the trial folks, I was furious not being able to share this

Justice Byrne replied: “But what if what happens is this: after she scratched him, she fell forward bumped her head and died of a cerebral haemorrhage, I mean, his conduct afterwards looks pretty odd.

“On the Crown hypothesis, he deals with her body in the most undignified fashion, going to some trouble to hide it.

“If all that has been is an altercation of not much substance that happened to go wrong … why would he not have immediately called an ambulance?”

Justice Byrne noted there was no evidence to suggest Mrs Baden-Clay had fallen and hit her head on bricks or cement. She suffered no significant head injuries and no bone fractures, according to the report of forensic pathologist Dr Nathan Milne.

“What he did involved disposing of the body in an undignified way … and he then engages in serious subterfuge,” he said. our learned Judge was on the ball

Justice Byrne said the injuries on Mr Baden-Clay’s face were more consistent with fingernail scratches, on the evidence from forensic experts. Mr Baden-Clay maintained the injuries were shaving cuts.

“He lies about the scratches and does more than that, he uses the razor blade to create the appearance some hours later of scratches on the face in that area,” he said.

“He then lies to the police about these things and maintains the deception.

“Why wouldn’t the jury say, given a moment of panic … all that happened thereafter is inexplicable.”

Justice Byrne turned his attention to the pressures in Mr Baden-Clay’s life at the time of his wife’s disappearance – his ongoing affair with his long-time mistress Toni McHugh and the financial stress relating to his real estate business.

The court had heard Ms McHugh and Mrs Baden-Clay were due to come face-to-face for the first time at a real estate conference on the same day Mr Baden-Clay reported his wife missing, April 20, 2012.

“All in all he had every reason to be under the severe strain that may have caused him in anger and resentment to engage in violence that resulted in her death,” Justice Byrne said.

“But the critical question for the present is whether the post-offence conduct … and the prolonged nature of the deception that followed could justify the inference to kill or to cause grievous bodily harm.

“Not merely, for example, a panic reaction to an unintended and an unwished-for death.

“In this context, it’s necessary to bear in mind that there was a deal of post-death conduct engaged in; lies to the police about the facial scratches, as well as the children and family members. In all probability, lies about having been asleep that night and about his wife having left the bed at some stage during the evening.

“In my opinion, given all the circumstances, its open to the jury to be satisfied that the only reasonable inference on all the evidence is that the accused not only unlawfully killed his wife, but killed her intending to cause her death.”

Justice Byrne dismissed the application, allowing the trial to continue.

Had the application been successful, Mr Baden-Clay would have only had to answer to the lesser charge of manslaughter.

Mr Baden-Clay was convicted of killing his wife at their home in the affluent western Brisbane suburb of Brookfield on April 19, 2012, and dumping her body on the banks of Kholo Creek, 14 kilometres away.

He was sentenced to life imprisonment to serve a minimum of 15 years without parole.

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