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

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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

 

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Gerard Baden-Clay Appeals against Murder Conviction

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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.

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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