GERARD BADEN-CLAY Hearing 3rd Feb 2014-UPDATED


04/02/14 UPDATE FOR DAY 2

ALLISON Baden-Clay went to see a family counsellor about her husband’s three-year affair with a staff member, a court has been told today.

Gerard Baden-Clay, charged with the Murder of his wife Allison Baden-Clay

Gerard Baden-Clay, charged with the Murder of his wife Allison Baden-Clay

The Brookfield mum also detailed her history of depression to the counsellor, the court was told at a pre-trial hearing.

The routine hearing is to resolve legal issues ahead of the Gerard Baden-Clay’s upcoming murder trial in the Brisbane Supreme Court.

Allison told the counsellor her husband Gerard’s attitude to the depression was that he was “over it” and that it had contributed to the affair, the court was told.

The court heard the counsellor later had a separate session with Gerard where he said he wanted to leave the affair in the past but reluctantly agreed to 15-minute discussions with his wife every second night.

Baden-Clay reported his wife missing on April 20, 2012. He has been charged with her murder and is due to face trial in June.

Relationships Australia counsellor Carmel Ritchie told the court the first session with Allison was at Spring Hill on March 27, 2012, and lasted about an hour.

Allison described herself as a mother of three who worked with her husband’s real estate agency four days a week, Ms Ritchie told the court.

She told the counsellor that after taking malaria medication on her honeymoon she had a “very severe reaction” and suffered chronic depression and “psychotic episodes”.

She had seen a psychologist during her second pregnancy and had been on and off medication ever since.

Allison said her husband had an affair for three years and at least partly blamed her depression, Ms Richie said.

Asked to describe her problems in a few words she told the counsellor: “Inadequate. Not good enough. Believe I let it happen. Gerard’s way is the right way. Gerard had an affair for the last three years. Parenting, Gerard criticises me. Fear that one day he will leave me”.

Allison told the counsellor she wanted to “work on me” and sort out issues with parenting, the court was told.

Allison found out about Gerard’s affair on September 14, 2011, Ms Ritchie said.

The affair started on August 27, 2008, four days after Gerard and Allison’s own anniversary, the counsellor said.

Ms Ritchie said Allison told her: “I confronted him. He is now honest and takes responsibility. He blames me for some of it, the depression.”

Allison said that two years ago on their anniversary she surprised Gerard by asking: “What’s wrong with us?”

She told the counsellor Gerard replied: “I’ve had enough. I want to leave.”

Allison said she put it down to a midlife crisis.

Allison said Gerard’s personality was “ambitious and leader like” and he had high expectations of her and the children, Ms Richie told the court.

She told the counsellor her father felt as though “he was controlling her”, the court was told.

In her case notes, the counsellor wrote her opinion that Allison was a “conflict avoider who has said yes too many times in the relationship”.

To Gerard, Allison was not the girl he married, while Gerard had changed to a “look after myself” attitude, the court was told.

Ms Ritchie said she told Allison at the end of the session she could bring Gerard to the next session if she wanted.

Allison said she did not believe Gerard would want to come.

However at the next appointment on April 16, 2012, both Allison and Gerard were in the waiting room.

Ms Ritchie told the court she took Gerard into her room on his own at first. She said she had planned to spend half the hour-long session with him and then see them both together, but the session with Gerard went for most of the hour.

“I was surprised to see Gerard there as well. That was because Allison thought he would not come,” Ms Ritchie told the court.

The session, at Kenmore, was four days before Baden-Clay reported his wife missing.

Ms Ritchie said she took a standard 60-second snapshot with Gerard, but he didn’t say much about himself personally, talking instead about his work and achievements.

The court heard that after further questions Gerard told the counsellor: “Allison does not trust me. She questions me. She says yes when she means no.”

He told the counsellor of Allison’s disappointment with her life and that he used to blame his wife for disappointments in his own life, the court was told.

He said he attended the session because Allison wanted him to.

He wanted to “build a future” with his wife and to leave the affair behind him and thought discussing the affair with Allison was a regression, Ms Ritchie told the court.

“He wants to get on with life. Wipe it clean,” the counsellor said she wrote in her notes from the session.

“He needs to accept seven or eight months is very early days yet and to ‘steel’ himself for the long haul.”

Ms Ritchie told the court she advised Baden-Clay he could not ignore his wife’s feelings about the affair.

“I spoke about the fact he did have to sit and listen to Allison’s feelings about the affair.

“I told him that he can’t put this in the past because for Allison that past is very much in the present.”

Gerard did not want to take the advice.

“Isn’t that regression? Isn’t that living in the past?” he asked.

They went back and forth until “eventually he agreed”.

Ms Ritchie said she told Gerard to listen to Allison for 10 to 15 minutes every second night. She said she “always” limited such talks because they were “highly emotional”.

Gerard’s role was to “simply listen … absolutely not be defensive” and at the end to express remorse if that was how he felt.

Ms Ritchie told the court she went outside to get Allison from the waiting room and apologised for taking so long with her husband.

“Her face broke into a smile and she said ‘I’m over the moon you have spent this time with him’.”

Ms Ritchie said when she was back in the room with both Baden-Clay and his wife she went over the plan for the 10 to 15-minute talks, which were to continue until the next session in a week or two.

“I saw her say to Gerard ‘I am over the moon that you have spent this time’. But it was a defensive, hurt way that she was saying it.”

Asked in court about Allison’s mood, she said: “I think she was very pleased to introduce me to Gerard. She was smiling.”

Ms Ritchie added that Gerard discussed his roles in the school P&C and the local chamber of commerce.

“For Gerard, his image in the community is very important…He believes he is a valuable member of society,” the counsellor said she wrote in her notes.

The next session was never booked, with Baden-Clay reporting his wife missing on the Friday of that week.

Barrister Michael Byrne QC, for Baden-Clay, put to the witness that Allison’s depression and early panic attacks went back to taking the malaria medication during her honeymoon and to her pregnancy with the couple’s first child, who was born in 2001.

Mr Byrne said between Allison’s discovery of the affair and the first session with the counsellor Baden-Clay had “reached the point where he was honest and was taking responsibility”.

“His attitude to the affair is to wipe it clean and get on with life. What she’s saying to you there was put the past behind them put the affair out of life and move on as a couple,” Mr Byrne said.

Ms Ritchie agreed Allison wanted to move on as a couple.

03/02/14 Not much to report from today’s hearing, day 1 of 2

ACCUSED wife murderer Gerard Baden-Clay returned to court in Brisbane on Monday for legal argument ahead of his upcoming trial.

Scratches on the accused, Gerard Baden-Clay.

Scratches on the accused, Gerard Baden-Clay.

The routine hearing to determine which evidence can be put before a jury is scheduled to run for two days in the Brisbane Supreme Court.

Dressed in a dark suit and wearing a tie, the 43-year-old former real estate agent watched proceedings from the dock.

The court heard from the pathologist who carried out Allison Baden-Clay’s post-mortem examination.

Legal argument centred on the admissibility of parts of his evidence, and that of medical experts who assessed scratches and other marks found on Baden-Clay following his wife’s disappearance.

The couple’s former family counsellor is expected to give evidence in court for the first time when the hearing resumes on Tuesday.

Mrs Baden-Clay, 43, was reported missing by her husband on April 20, 2012.

Her body was found 10 days later on the banks of a creek in Brisbane’s west.

The last court related update is as follows from back in December 2013.

The many GBC posts can be found here or here http://aussiecriminals.com.au/tag/gerard-baden-clay/

A family counsellor can be called to give evidence at the murder trial of Brisbane man Gerard Baden-Clay, a judge has ruled.

The Relationships Australia counsellor had argued her conversations with Baden-Clay, 43, and his slain wife Allison, were confidential.

However, Supreme Court judge James Douglas on Thursday ruled counsellor Carmel Ritchie will be required to give evidence at a pre-trial hearing next year.

The ruling means the crown can call Ms Ritchie as a witness during the trial, which has been set down for June next year.

The counsellor spoke with Mrs Baden-Clay on March 27, 2012, and with Baden-Clay and his wife separately on April 16, 2012.

Baden-Clay sat in the dock during Thursday’s brief hearing.

Mrs Baden-Clay was reported missing on April 20 last year, and her body was found on the banks of a creek in Brisbane’s west 10 days later.

Baden-Clay was arrested in June 2012 and charged with murder.

He maintains he is innocent.

In an earlier court hearing, Relationships Australia’s barrister George Kalimnios had argued the Family Law Act prohibited Ms Ritchie giving evidence, and could claim privilege on the grounds of public interest.

But in his written judgement on Thursday, Justice Douglas said both arguments were misconceived, and there were no grounds to claim privilege.

“Even if such a privilege existed separate from the Act, the balance is decisively in favour of permitting access to the evidence for the purposes of Mr Baden-Clay’s trial on the charge of murder.”

Matters before the Court 3rd Feb 2014

reserved

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Baden-Clay due to face trial in June for the murder of his wife, Allison


 Allison

Courier Mail

 A SUPREME Court judge has described a counsellor’s attempts to avoid testifying at the murder trial of Gerard Baden-Clay as “bizarre”.

Justice James Douglas was commenting on submissions from the counsellor’s barrister that her sessions with Baden-Clay and his wife, Allison, were confidential.

“I regard the proceedings of the criminal courts of Australia as very significant proceedings,” Justice Douglas told a pre-trial hearing.

“I would have thought it would require very strong words to prevent evidence being called.

“To construe an act like this, to say evidence isn’t admissible when somebody’s on trial for murder, is quite frankly, in my mind, bizarre.

“A person on trial for the most serious crime really should be able to call evidence or have evidence called that is relevant.

“To construe the act this way, to try to say it’s actually in the public interest not to, I find very odd.”

Baden-Clay, who is due to face trial in June for the murder of his wife, sat silently in the dock for yesterday’s hearing. Clean-shaven and dressed in a dark suit, he was flanked by security guards and did not have his usual family support.

He reported his wife missing from their Brookfield home last April and her body was discovered under a bridge 10 days later.

Justice Douglas has been asked to rule on whether evidence from Relationships Australia counsellor Carmel Ritchie was admissible in the trial.

Barrister George Kalimnios, for Relationships Australia, argued the counsellor could legally keep her sessions with the Baden-Clays confidential.

But the prosecution and defence yesterday both told the court they wanted the evidence to be included and argued it was admissible.

Prosecutor Glen Cash, for the Director of Public Prosecutions, told the court police executed a search warrant on Relationships Australia Queensland on May 11 last year.

Baden-Clay had a session with Ms Ritchie on April 16 last year, just four days before he reported his wife missing from the Brookfield home. His wife had a separate session with Ms Ritchie immediately after his, and had a previous session on March 27.

Mr Cash told the court any public interest in confidentiality was overwhelmed by the need for access to the full evidence for the murder trial.

Concerns about discouraging openness in counselling sessions had to be put behind the interests of allowing the trial, he said.

Concerns about effects on future counselling sessions could be “overstated” as counsellors could only be called to give evidence in a very small number of cases, he said.

Michael Byrne QC, for Baden-Clay, said a murder trial had far greater public interest than confidentially for counselling sessions.

Justice Douglas said he would make his decision known at a future date.

Outside court, Baden-Clay’s solicitor Peter Shields said: “There won’t be any comment at all until the end of the trial.”

Source:  http://www.couriermail.com.au/news/gerard-badenclay-appears-in-court-for-pretrial-hearing-to-decide-whether-counsellor-should-testify/story-e6freon6-1226730693253

UPDATE (Thanks to JJE).

Developments on the BC case in court this morning.  Mr Business-As-Usual was in court today, represented by the very capable Mr Shields.  The counsellor has been ordered to appear as a witness.  Although not mentioned in the relevant CM or BT articles, it has been said previously that BC’s legal team were not opposing the counsellor giving evidence…  I wonder if that is the case now… (keep in mind his legal team has changed).  A glance at the ruling and reporting indicates this is still the case. And previously the counsellor – through her barrister – has argued that the sessions were ‘confidential’…  Thankfully this judge has sensibly ruled otherwise

Reveal all, I say…  Reveal all and let everyone see for themselves…

http://www.brisbanetimes.com.au/queensland/badenclay-counsellor-can-give-evidence-20131219-2zmld.html

Federal Election – 7th September, 2013


It would be nice to have Free Speech, Rupert Murdoch:

Wait a minute

As quoted on Youtube:

The TV networks appear to be allowing Rupert Murdoch to again manipulate how people think and vote as he allegedly has an agenda.

A Former Officer’s Experiences at H.M. Prison, Pentridge.


Pentridge prison 1

Main entrance of former H.M.Prison Pentridge i...

Main entrance of former H.M.Prison Pentridge in Melbourne. (Photo credit: Wikipedia)

 

 

 

Experiences and history of a former officer’s experience at H.M. Prison Pentridge.

HM Prison Pentridge was an Australian prison built in 1850 in Coburg, Victoria. The first prisoners arrived in 1851. The prison officially closed on 1 May 1997.

Pentridge was often known by the nickname “The Bluestone College”, “Coburg College” or the “College of Knowledge”. The grounds were originally landscaped by renowned landscape gardener Hugh Linaker.  Since decommissioning, the prison has been partly demolished to make way for a housing development. Large buildings have been built and a 16 floor modern apartment block is being planned.

The site is split in two with the northern prison being developed by Valad Property Group and the other areas by Pentridge Village. The National Trust has expressed strong concerns about the nature of the Heritage Victoria-approved Master Plans which involve peppering the walls with holes and building high-density high-rise between the historic divisions.

Pentridge prison 2

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Special Treatment involved for an Accused Killer: GBC enlists Defense Team allegedly using family contacts on Grants Committee – Part 11


Dear Allison

Dear Allison – Imagine how her children feel.

Should Gerard Baden-Clay, accused wife killer, be given special treatment?

Gerard Baden Clay allegedly has family working for Legal Aid Qld, according to searches in ThePeerage.com which links families.  Gerard Baden-Clay, through a relative who allegedly works for the Grants Committee of Legal Aid, has enlisted one of Brisbane’s most high-profile criminal defense teams to represent him at his upcoming murder trial.

http://thepeerage.com/p6368.htm

Genealogy Royal Noble Peer Duke Count Lord Baron Baronet Sir Database Family Tree Europe Nobility

http://www.legalaid.qld.gov.au/publications/Reports/annual-report/annual-report-archives/2009-10/Documents/LAQ-annual-report-2009-10-part-4.pdf (Please refer to Grants’ Committee – page 20).

Grants staff members Amy McClelland, Leanne Lester,
Brett Newsome, Erin Ames, Rachael Broadhurst, John Cuthbert,
Aditya Reddy, Kirsty Poljak, Daniel Coates, Emma Bennet,
and Alex Baden-Powell.

GBC will be represented by solicitor Peter Shields and barrister Michael Byrne QC as he fights the murder charge in the Supreme Court.

Peter Shields michael byrne cropped

Mr Shields                                        Michael Byrne QC

Mr Shields, a former police officer, is one of few accredited criminal specialist solicitors in Queensland.

Did Gerard Baden-Clay’s lawyers discontinue to represent Baden-Clay to enable family contacts, through Legal Aid’s Grant System, giving Gerard Baden-Clay, an accused wife killer, free representation, while using our Tax Dollars?

Should GBC be receiving special treatment?

Grub

Grub

(Source:  http://www.legalaid.qld.gov.au/publications/Reports/annual-report/annual-report-archives/annual-report-2010-11/our-systems-and-processes/PublishingImages/grants_2010_mHR_fmt.png)

Special Treatment involved for an Accused Killer: GBC enlists Defense Team allegedly using family contacts on Grants Committee


Dear Allison

Dear Allison – Imagine how her children feel.

Should Gerard Baden-Clay, accused wife killer, be given special treatment?

Gerard Baden Clay allegedly has family working for Legal Aid Qld, according to searches in ThePeerage.com which links families.  Gerard Baden-Clay, through a relative who allegedly works for the Grants Committee of Legal Aid, has enlisted one of Brisbane’s most high-profile criminal defense teams to represent him at his upcoming murder trial.

http://thepeerage.com/p6368.htm

Genealogy Royal Noble Peer Duke Count Lord Baron Baronet Sir Database Family Tree Europe Nobility

http://www.legalaid.qld.gov.au/publications/Reports/annual-report/annual-report-archives/2009-10/Documents/LAQ-annual-report-2009-10-part-4.pdf (Please refer to Grants’ Committee – page 20).

Grants staff members Amy McClelland, Leanne Lester,
Brett Newsome, Erin Ames, Rachael Broadhurst, John Cuthbert,
Aditya Reddy, Kirsty Poljak, Daniel Coates, Emma Bennet,
and Alex Baden-Powell.

GBC will be represented by solicitor Peter Shields and barrister Michael Byrne QC as he fights the murder charge in the Supreme Court.

Peter Shields michael byrne cropped

Mr Shields                                        Michael Byrne QC

Mr Shields, a former police officer, is one of few accredited criminal specialist solicitors in Queensland.

Did Gerard Baden-Clay’s lawyers discontinue to represent Baden-Clay to enable family contacts, through Legal Aid’s Grant System, giving Gerard Baden-Clay, an accused wife killer, free representation, while using our Tax Dollars?

Should GBC be receiving special treatment?

Grub

Grub

(Source:  http://www.legalaid.qld.gov.au/publications/Reports/annual-report/annual-report-archives/annual-report-2010-11/our-systems-and-processes/PublishingImages/grants_2010_mHR_fmt.png)

Gerard Baden-Clay Committal Hearing Thread Part V


Kholo Creek Bridge

PLEASE REST IN PEACE ALLISON, WE ARE WITH YOU, WE MISS YOU.

Summary of first 3 days of committal hearing (courtesy of The Courier Mail)

Witnesses testify at committal hearing of Gerard Baden-Clay, charged with murdering wife Allison

Day two: committal hearing of Gerard Baden-Clay over death of wife Allison

Day three: committal hearing of Gerard Baden-Clay over death of wife Allison

____________________________________

Witness Statements/Reports (courtesy of a fellow kind poster who has very generously allowed them to be available to all)

Phillip Geoffrey Broom – former business partner

Jocelyn Anne Frost – former business partner

Associate Professor David Wells – Head, Clinical Forensic Medicine – Victorian Institute of Forensic Medicine

Constable Kieron Ash – first responder

Neil Cameron Robertson – Investigative Computer Analyst - in his element analysing the 100 phones and 50 computers/iPads

Senior Sergeant Narelle Elizabeth Curtis – second responder

Record of Interview – Transcript

000 Call – Transcript

Forensic Procedure Order

Hydrology Report

Autopsy Report

____________________________________

Previous Committal Hearing Post

Gerard Baden-Clay Committal Hearing – 11 March 2013

____________________________________

Baden-Clay’s Sister Speaks (courtesy of 7 News)
http://www.youtube.com/watch?v=rwVR76UPaDQ]

Update 20/03/13 Newly Released images taken the day Gerard Baden Clay reported his wife missing