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Justice Peter Applegarth ruled his orders on the evidence not be published until the verdict.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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Gerard Baden Clay- The Prisoner-The man…Updates


Previous threads can be found using the links below, One being very first and so on…

One (26/04/12) here Two (14/05/12)  here Three (17/05/12) here Four (20/05/2012) here Five  (23/05/12) here Six (26/05/12) here Seven (28/05/12) here Eight (30/0512) here Nine (02/06/12) here Ten (08/06/12) here Eleven (11/06/12) here  Twelve 13/06/12 here Thirteen 17/06/12 here Fourteen 20/06/12 here Fifteen 22/06/12 here Sixteen 24/06/12 here Seventeen 26/06/12 here

Update June 28, 2012

Gerard Baden-Clay has lost 13 friends on Facebook, including Premier Campbell Newman, since being arrested for murder of wife Allison

UNFRIENDED- A screenshot of Gerard Baden-Clay’s Facebook page.

However, he still has 372 Facebook friends, including federal Liberal MPs Jane Prentice and Julie Bishop.

A spokeswoman for Mr Newman said the Premier’s old Facebook profile, which has not been used since the election campaign ended, was shut down a couple of weeks ago.

“The closure of the profile means Mr Newman no longer has ‘Facebook friends’,” she said in a statement.

“Instead Mr Newman has a Facebook page, which anyone can like, with requests not requiring approval.”

Prisoners cannot access the internet, but many with Facebook accounts get their family or friends to update their profiles.

It’s been two weeks since Baden-Clay was moved to Arthur Gorrie Correctional Centre and he’s yet to be admitted to the typical 3m x 4m cell. He remains in the prison’s medical unit and The Courier-Mail understands he’s had multiple visits from a psychologist.

The only external visitors have been in a two-hour non-contact visit with father Nigel and sister Olivia Walton and about an hour with his lawyer Darren Mahony.

A Queensland Corrective Services spokesman said all prisoners had to be assessed to find out if they were a suicide risk before being imprisoned.

“Prisoner Baden-Clay underwent a medical assessment prior to undergoing an induction,” the spokesman said. “At induction, the prisoner would have been informed about his obligations, rights and entitlements.”

All prisoners are initially placed under observation before entering the mainstream prison system.

Baden-Clay is expected to be given protection status, which is only granted if they are assessed as “at risk of harm within the general prison population”, have an intellectual disability or if charges relate to “serious offences”.

Upon entry, prisoners are issued with prison uniform – a green T-shirt, shorts, tracksuit pants, jumper and joggers.

Baden-Clay is not required to work in prison, but will be encouraged to participate “in some type of meaningful activity”, such as cleaning or kitchen duties, horticulture work or maintenance.

“If a remand prisoner chooses not to work, they must be paid an unemployment allowance – this is $1.30 a week. In addition, a hygiene allowance of $9.55 is payable per week,” a QCS spokesman said.

“If employed, they are paid (depending on the job) from $2.80 to $8.45 per week.”

Baden-Clay reported his wife Allison missing on April 20 and her body was found 10 days later at Kholo Creek in Anstead – 14km away from her Brookfield home.

Update 27/06/12 8.30pm

Police noticed ‘scratches on Baden-Clay’

 

His defence counsel Peter Davis SC told the court during the bail application that these were from caterpillar bites.

When officers showed up to Gerard Baden-Clay’s home after he reported his wife missing, they couldn’t help but notice deep scratches on his face.

The 41-year-old father of three told them he cut himself with an old shaver but police were not convinced and notified a detective, court documents released on Tuesday show.

The marks on his right cheek appeared similar to fingernail scratches, the detective said in his affidavit submitted during Baden-Clay’s failed bail application in the Supreme Court in Brisbane last Friday.

“They are not straight or clean cuts normally made by a sharp razor blade,” the detective said.

A government medical officer also found the injuries were not consistent with a shaving injury but were instead consistent with fingernail marks.

Baden-Clay, a real estate agent, was arrested on June 13 and charged with murdering his wife Allison, 43, and interfering with her corpse.

Her body was found in a creek bed 10 days after he reported her missing from their Brookfield home, west of Brisbane, on April 20.

More scratches were noticed on his torso and neck during an upper body examination, the court documents say.

His defence counsel Peter Davis SC told the court during the bail application that these were from caterpillar bites.

He did not address the scratches seen on his client’s face.

Mr Davis also argued the police case against his client was weak, with no cause of death identified, no weapon found, and nothing to place his client outside his home on the night his wife disappeared.

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Inside the prison where accused wife-killer Gerard Baden-Clay will be held for up to three years

The Sunday Mail (Qld)

THIS is where accused wife-murderer Gerard Baden-Clay will live, possibly for up to three years, as the high-profile case goes through the legal process.

A toilet connected to a sink, a single bed, a mirror, TV, shelf and desk make up a 3m x 4m cell where prisoners spend 12 hours a day inside the Arthur Gorrie Correctional Centre.

A small window overlooks the nondescript, high-security, prison grounds. Locked prison blocks remain under constant surveillance; thick, secure, doors slam loudly; guards walk freely through long, caged walkways; inmates workout with whatever they can find, pumping chairs like dumbbells.

Morning headcount begins at 6.45am, before a cereal and bread breakfast, followed by gym and activities such as football, tennis and volleyball.

Prisoners can smoke outside of their designated common area, watch TV or make a phone call.

The dinner menu over a week includes sausages in a curry sauce, fresh crumbed chicken, braised lamb chops, beef stroganoff and roast lamb, with meals served from 4.30pm.

Prisoners are locked in their cells two hours later.

The Sunday Mail toured the facility last week, entering the compound where 865 prisoners on remand were processed upon arrival. The five-stage process includes an interview, strip-search and shower.

Some are granted protection status if they are assessed as “at risk of harm within the general prison population”, if charges relate to “serious offences”, if they are bikies or if they have intellectual disabilities. They receive new clothes, toiletries and bedding and then wait in a cell. They are photographed, fill out paperwork for an ID and talk a counsellor about their state of mind. Questions cover how they are likely to cope in prison, family and other external supports and what they are looking forward to when they are freed.

Doctors and nurses examine them in the medical centre. Some high-risk, at-risk prisoners stay in the centre, under continuous observation every 15 or 30 minutes, while lower at-risk prisoners stay in cells under camera observation unit in W Block.

On arrival, prisoners spend at least their first night in an induction unit and get a booklet outlining their daily routine.

The booklet also explains employment, protection status, medical requests, dental services, optometrist appointments, chaplaincy services, discharge as well as requests for a special diet.

Prisoners are allowed a total of 10 CDs and cassette tapes, sunglasses, a kettle, photo albums and photos.

They can receive socks and jocks, plastic hairbrush, singlets, court clothes and five magazines and books through the mail without a request form. Personal and legal visits are set down between 9am and 11am or 1.15pm and 3pm.

Prisoners receive an amenities allowance of $9.55 a week.

A Queensland Corrective Services spokesman said that jobs – including cleaning or kitchen duties, horticulture work in gardens or maintenance – pay $2.80-$8.50 a day.

Money from trust accounts can “buy up” items, including cigarettes, chocolate bars, lollies, chips, nuts, biscuits and two-minute noodles.

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

DETAILS have emerged in the murder case against Gerard Baden-Clay from affidavits relied on for his Supreme Court bail application.

The affidavits handed to the court for his Friday bail application included details of text messages Baden-Clay allegedly sent to his wife Allison on the morning he reported her missing where he repeatedly asked where she was.

As part of the investigation, Baden-Clay also provided police with an extensive curriculum vitae, revealing his past schooling and work history.

Details are reproduced below:

Gerard Baden-Clay

  • Born September 9, 1970, in Bournemouth, England.
  • He spent his younger years in Rhodesia (Zimbabwe)
  • Married to Allison June Baden-Clay (nee Dickie) on 23 August, 1997
  • His family (father Nigel, mother Elaine, sister Olivia and brother Adam) came to Australia in 1980 when he was 10 years-old after forming the view that it would be “safer to live in Australia”.
  • They initially lived in Melbourne, Victoria, for eight months before settling in Toowoomba in 1981.
  • Gerard completed primary school in Toowoomba at Gabbinbar State School.
  • He then went to Toowoomba Grammar School until 1987, completing year 12.
  • Obtained a tertiary entrance score of 900.
  • While at high school, he worked as a waiter at Squatters (a Toowoomba restaurant) and also undertook strawberry and potato picking in Lockyer Valley.
  • Represented Toowoomba in hockey in under 17 and under 21 divisions.
  • After school, he completed five years in a Bachelor of Business (majoring in accounting and computing) at the now University of Southern Queensland, formerly the Darling Downs Institute of Advanced Education.
  • At the same time, he spent three years with the Australia Army Reserve as a training officer.
  • While studying he supplemented his income chipping onions and picking potatoes in the Lockyer Valley and continuing to work as a waiter at the Squatters restaurant.
  • From 1991-93 he worked as an accountant in the Audit Division of KPMG Peat Marwick. For approximately 12 months, Gerard worked as a company accountant for Designer Workwear.
  • From 1994-97 he worked at Flight Centre, initially as a travel consultant for the first 24-hour division, managing his own outlet. Later, he worked as an office and recruitment systems manager.
  • At Flight Centre he met wife Allison and after marrying, they travelled overseas.
  • In London, he worked as a Financial Systems Consultant with Blockbuster International for six months while Allison worked with Dale Karnegie Training.
  • While overseas, he also worked in the Project Department of Kandersteg International Scouts Centre, Switzerland, as a volunteer for three months. Later, he worked as an assistant director of the International Scouts Centre for 12 months.
  • Gerard returned home with Allison in 1999 and went back to Flight Centre as the Global Systems and Communications Manager until the end of 2000.
  • After that, he worked at Raine & Horne at Kenmore for 10 months.
  • Gerard obtained his real estate agent’s licence during the period from late 2003 to early 2004.
  • He started as Principal and Managing Director of Century 21 Westside in 2004, where he remained until his arrest on June 13.

* Source: Gerard Baden-Clay affidavit dated June 21, 2012

Previous threads can be found using the links below, One being very first and so on…

One (26/04/12) here Two (14/05/12)  here Three (17/05/12) here Four (20/05/2012) here Five  (23/05/12) here Six (26/05/12) here Seven (28/05/12) here Eight (30/0512) here Nine (02/06/12) here Ten (08/06/12) here Eleven (11/06/12) here  Twelve 13/06/12 here Thirteen 17/06/12 here Fourteen 20/06/12 here Fifteen 22/06/12 here Sixteen 24/06/12 here Seventeen 26/06/12 here

Gerard Baden Clay gets Visitors-New Evidence Photos released


The more that is revealed about this case the more one could understand the huge hole Gerard Baden-Clay is in, how on EARTH could anyone explain the mountains of evidence piling up that to me personally, points to a very guilty man, who was planning this, carried it out, and even attempted to cover it up before it all happened. This is riveting stuff, and we are still only getting snippets of the thousands of pages already before the courts…
Previous threads can be found using the links below, One being very first and so on…

One (26/04/12) here Two (14/05/12)  here Three (17/05/12) here Four (20/05/2012) here Five  (23/05/12) here Six (26/05/12) here Seven (28/05/12) here Eight (30/0512) here Nine (02/06/12) here Ten (08/06/12) here Eleven (11/06/12) here  Twelve 13/06/12 here Thirteen 17/06/12 here Fourteen 20/06/12 here Fifteen 22/06/12 here Sixteen 24/06/12 here

BEFORE YOU CONTINUE, I ASK YOU VISIT THIS POST (PRESS ANYWHERE HERE) AND READ IT, AND ACKNOWLEDGE YOU HAVE DONE SO BY MAKING A COMMENT ON THAT POST

Please continue the conversion here in relation to Gerard Baden Clay, who is on remand in jail, after having be denied bail, for the alleged Murder of his wife Allison Baden-Clay

UPDATE 27/06/12

DETAILS have emerged in the murder case against Gerard Baden-Clay from affidavits relied on for his Supreme Court bail application.

The affidavits handed to the court for his Friday bail application included details of text messages Baden-Clay allegedly sent to his wife Allison on the morning he reported her missing where he repeatedly asked where she was.

As part of the investigation, Baden-Clay also provided police with an extensive curriculum vitae, revealing his past schooling and work history.

(I bet he didn’t miss a beat, getting all he has done in there either)

Details are reproduced below:

Gerard Baden-Clay

  • Born September 9, 1970, in Bournemouth, England.
  • He spent his younger years in Rhodesia (Zimbabwe)
  • Married to Allison June Baden-Clay (nee Dickie) on 23 August, 1997
  • His family (father Nigel, mother Elaine, sister Olivia and brother Adam) came to Australia in 1980 when he was 10 years-old after forming the view that it would be “safer to live in Australia”.
  • They initially lived in Melbourne, Victoria, for eight months before settling in Toowoomba in 1981.
  • Gerard completed primary school in Toowoomba at Gabbinbar State School.
  • He then went to Toowoomba Grammar School until 1987, completing year 12.
  • Obtained a tertiary entrance score of 900.
  • While at high school, he worked as a waiter at Squatters (a Toowoomba restaurant) and also undertook strawberry and potato picking in Lockyer Valley.
  • Represented Toowoomba in hockey in under 17 and under 21 divisions.
  • After school, he completed five years in a Bachelor of Business (majoring in accounting and computing) at the now University of Southern Queensland, formerly the Darling Downs Institute of Advanced Education.
  • At the same time, he spent three years with the Australia Army Reserve as a training officer.
  • While studying he supplemented his income chipping onions and picking potatoes in the Lockyer Valley and continuing to work as a waiter at the Squatters restaurant.
  • From 1991-93 he worked as an accountant in the Audit Division of KPMG Peat Marwick. For approximately 12 months, Gerard worked as a company accountant for Designer Workwear.
  • From 1994-97 he worked at Flight Centre, initially as a travel consultant for the first 24-hour division, managing his own outlet. Later, he worked as an office and recruitment systems manager.
  • At Flight Centre he met wife Allison and after marrying, they travelled overseas.
  • In London, he worked as a Financial Systems Consultant with Blockbuster International for six months while Allison worked with Dale Karnegie Training.
  • While overseas, he also worked in the Project Department of Kandersteg International Scouts Centre, Switzerland, as a volunteer for three months. Later, he worked as an assistant director of the International Scouts Centre for 12 months.
  • Gerard returned home with Allison in 1999 and went back to Flight Centre as the Global Systems and Communications Manager until the end of 2000.
  • After that, he worked at Raine & Horne at Kenmore for 10 months.
  • Gerard obtained his real estate agent’s licence during the period from late 2003 to early 2004.
  • He started as Principal and Managing Director of Century 21 Westside in 2004, where he remained until his arrest on June 13.

* Source: Gerard Baden-Clay affidavit dated June 21, 2012

Update on photographic evidence showing blood in Baden-Clay car coming…

UPDATE 27/06/12 HERE IS IS…CHECK OUT THESE DAMNING PHOTOS OF WHAT THE CROWN SAYS IS ALLISONS BLOOD IN THE BADEN-CLAY CAR

Gerard Baden-Clay’s affidavits handed to court claim he sent text messages to wife Allison on morning he reported her missing

June 27, 2012

DRAMATIC details have emerged in the murder case against Gerard Baden-Clay from affidavits relied on for his Supreme Court bail application.

The affidavits handed to the court for his Friday bail application include details of text messages Baden-Clay allegedly sent to his wife Allison on the morning he reported her missing where he repeatedly asked where she was.

According to the affidavitt filed by police and referred to in court on Friday, at 6.20am on April 20, 2012, Gerard Baden-Clay sent a text message to his wife Allison’s mobile phone saying:

“Good morning! Hope you slept well? Where are you? None of the girls are up yet! Love G”.

No reply was received from this text message, the court documents say.

The police affidavitt says at 6.41am on April 20, Gerard Baden Clay sent another text message to his wife Allison’s mobile phone saying:

“Al, getting concerned. Where are you? The app doesn’t say either? … I’m dressed and about to make lunches. Please just text me back or call! Love G”.

Again there was no reply received from this text message.

The documents also say the phone was allegedly used shortly after midnight to call his father’s phone via a “face time” call, which allows both parties to see each other and talk.

In an affidavit dated June 21 lodged in the Supreme Court in support of his bail application, Baden Clay said he was not a flight or suicide risk.

“There has never been any suggestion of flight,” he said.

“I have never considered it. I maintain my innocence and will be strenuously defending the charges.”

Baden Clay said in the affidavit he also had “no intention of self harm”.

“I note that no attempts of self harm have been made by me despite the intense media scrutiny, and the report of me as a person of interest as early as 23 April 2012,” he said in the affidavit.

“Over the whole of the period from 20 April 2012 I have not seen or been told anything to suggest that the police were looking at anyone else other than myself as a principal suspect.”

Baden-Clay, who was arrested on June 13, said the arrest occurred at his workplace when he was leaving to collect his children from school.

Baden-Clay was refused bail on Friday after Justice David Boddice said, after taking all factors into account, he considered he was a flight risk.

The documents reveal that several friends offered cash to the court as surety to help the 41-year-old get bail.

Ashgrove resident Dr Ifor Thomas, who once worked as a missionary doctor in Nigeria, offered $5000 to help secure Baden-Clay’s release.

“I am aware of the intense media scrutiny in this matter,” he wrote in his affidavit.

“I provide this surety understanding that my offer to provide the surety could be publicised in the print and television media.”

Peter and Tanya Cranna, of Grange, offered $50,000 surety.

Mr Cranna is the director of finance and infrastructure for the Churches of Christ, Queensland and his wife is a Care Connect case manager.

The Crannas said they offered the $50,000 knowing they would have to sell their house if Baden-Clay failed to appear.

During Friday’s bail hearing, prosecutor Danny Boyle claimed in the court Baden-Clay was more than $1 million in debt and stood to gain $967,000 from his wife’s life insurance policies and superannuation fund.

He alleged Baden-Clay told his mistress, Toni McHugh, he would leave his wife for her after he had “sorted out” his financial situation.

Police also allege Baden-Clay was having affairs with two other women – affairs Ms McHugh had not known about.

Peter Davis, SC, for Baden-Clay, described the Crown case as “weak”, saying there had been no cause of death ascertained from the post-mortem examination, no evidence as to where she was killed, what date or time she was killed and no evidence to show he had left his home on the night she disappeared.

Mr Davis also questioned police claims that the blood found in the vehicle was Allison’s, and rejected claims by the Crown that Allison was murdered, put in the car and dumped.

“The post-mortem doesn’t support that,” he said, and that it was a luminol test only and not her blood.

Mr Davis said the only injury revealed a chip to her bottom left eye tooth.

“There are no cuts or wounds from which she could bleed,” he said.

The following timeline has been compiled from police and forensic investigations of Mr Baden-Clay’s iPhone submitted to the court:

April 12, 2012

Police allege Mr Baden-Clay inquired about one of Mrs Baden-Clay’s life insurance policies but was given no information as he was not a policy holder.

April 17, 2012

Police allege the Baden-Clay financial adviser made a “further query” on a life insurance policy held by Mrs Baden-Clay.

April 18, 2012

At 10.08pm, police allege Mr Baden-Clay searched “taking the fifth”, which led to results including ‘self incrimination’, which he accessed through Wikipedia.

April 19, 2012 (the day, police allege, Mrs Baden-Clay was killed)

Mr Baden-Clay and his alleged mistress, Toni McHugh, have a conversation in the afternoon about their relationship’s future.

About 6.30pm, Mrs Baden-Clay leaves her local Kenmore hairdresser. The hairdresser told police Mrs Baden-Clay was having her hair done because she planned to attend a real estate conference the following day. Police said the hairdresser told them “it was unusual from conversations she had with the deceased about having her hair done for the event that she would go walking or exercising prior to attending the conference”.

About 8.30pm Mr Baden-Clay’s phone was removed from the charger.

Mr Baden-Clay told police he and Mrs Baden-Clay had a conversation but would not say which exact topics were discussed.

Mr Baden-Clay had also told police he and Mrs Baden-Clay had been attending counselling services over his infidelity, which had ceased. He said the counsellor had advised they talk about the infidelity and relationship issues for 15 minute blocks at night.

April 20, 2012 (the day Mrs Baden-Clay was reported missing)

Mrs Baden-Clay was due to attend a real estate conference, which her husband’s mistress, Toni McHugh, was also to attend.

About 12.30am: Police allege Mr Baden-Clay made a Face Time call to his father, Nigel Baden-Clay, which lasted 1.23 minutes. The time of the phone call was divined by converting the time stamp of the phone call from 2.30.25pm (UTC+0) and converted into Queensland time by adding 10 hours.

1.48am: police allege Mr Baden-Clay’s phone was returned to the charger.

Mr Baden-Clay told police he woke up at 6.15am.

6.20am: Police allege Mr Baden-Clay sent a text message to Mrs Baden-Clay saying: “Good morning! Hope you slept well? Where are you? None of the girls are up yet! Love G”

6.41am: A second text message was reportedly sent saying “Al, getting concerned. Where are you? The app doesn’t say either? [Two children] now up. I’m dressed and about to make lunches. Please just text me back or call! Love G”.

7.09am: Police allege Mr Baden-Clay searched the term ‘self incrimination’ on the internet.

7.14am: It is alleged Mr Baden-Clay accessed the Queensland Police Service home page.

7.15am: Mr Baden-Clay called triple-0.

8.30am: Uniformed police arrive at the home in response to the triple-0 call

9.34am: Police allege Mr Baden-Clay searched ‘psychiatrists Brisbane West’ on his phone.

9.54am: Police commenced the investigation into Mrs Baden-Clay’s disappearance.

10.14am: Triangulation of Mrs Baden-Clay’s phone showed the handset was possibly in a four-kilometre radius to her home.

3pm: A second triangulation of Mrs Baden-Clay’s phone returned the same result. A crime scene was declared at the Baden-Clay home and yard.

Mr Baden-Clay was asked to give a formal statement as part of the missing person investigation.

Police said he obtained legal advice and declined to be formally interviewed.

Police had noticed scratches on Mr Baden-Clay’s right side cheek, which were photographed by scenes of crimes officers.

Mr Baden-Clay told the officer the scratches were caused by an old shaver.

In the documents, police said they appeared to be scratches “similar to scratches made by fingernails as they are not straight or clean cuts normally made by a sharp razor blade”.

Mr Baden-Clay’s parents, Nigel and Elaine, gave “brief statements” to police.

The investigators allege Mr Nigel Baden-Clay did not mention the Face Time call from his son’s mobile phone.

Police investigators maintain that neither Mr Nigel Baden-Clay or Mrs Elaine Baden-Clay had consented to further interviews with police.

April 21, 2012

Mr Baden-Clay voluntarily attended the Indooroopilly Police Station with his lawyers and voluntarily provided a DNA sample and allowed police to take photos of his body.

Scratches and abrasions on his chest, torso and neck were photographed.

April 22, 2012

Mr Baden-Clay was involved in an accident on the way to Indooroopilly police station. Police allege there no brake marks at the scene and Mr Baden-Clay refused to answer questions about the crash.

They allege the crash was staged to “mask injuries or to cause self-injury”.

Police examine the Baden-Clay’s Holden Captiva SUV, which they had owned for eight weeks.

They allegedly found a “blood smear” in the rear of the vehicle and a strand of blonde hair.

Investigators alleged that the smear was “a contact smear” and resulted in “a further droplet of blood falling below the smear onto the floor of the vehicle”. Police allege the blood was identified as Mrs Baden-Clay’s, but examinations into the hair were continuing.

Ms McHugh spoke with police and gave a statement about her relationship with Mr Baden-Clay.

She said the relationship began soon after she started working at Mr Baden-Clay’s real estate agency in 2008. She said both her relationship and employment ended in October 2011, but recommended in December 2012.

Ms McHugh told police she was still in a relationship with Mr Baden-Clay and he had promised he was going to leave Mrs Baden-Clay. Ms McHugh said Mr Baden-Clay had told her he had told his wife this.

April 30, 2012

Mrs Baden-Clay’s body was found by a canoeist at Kholo Creek.

Police allege Mr Baden-Clay contacted his financial advisor who made a “further query” with one of the life insurance providers.

May 1, 2012

One of the life insurers was advised “of a pending claim on that policy” by Mr Baden-Clay’s financial advisor. Mrs Baden-Clay’s body was yet to be formally identified.

Police allege Mr Baden Clay “urgently sought a death certificate for the deceased”.

May 21, 2012

A death certificate for Mrs Baden-Clay was issued. Police allege Mr Baden-Clay lodged claims with each of Mrs Baden-Clay’s policies and “further asked that these claims be expedited”.

June 13, 2012

At 3pm, Mr Baden-Clay was arrested at the Toowong Towers car park. Police allege the scratches on Mr Baden-Clay’s face have scarred and have been “partially obscured by beard growth”.

He is charged with murder and interfering with a corpse.

June 14, 2012

A government medical officer advises police a shaving cut is “usually a epidermal nick and is not likely to scar given that they don’t break the dermis. A non-intimate forensic order is requested to shave the relevant part of Mr Baden-Clay’s face, examine and take photograph of the injuries”.

Mr Baden-Clay faces court for the first time.

The police investigation into Mr Baden-Clay’s financial situation allegedly revealed he owed more than $1 million to friends, family, associates and financial institutions.

Police allege that $290,000 of the debt was due to be paid back by June 30, however they allege their inquiries “have failed to identify any legitimate means of salvaging his debt or finances prior to July 2012 in order to meet his commitment to (Ms) McHugh without a large influx of funds from these insurance policies”.

Among the debts listed were:

  • $275,000 owed in “gentlemen’s agreements” with three friends.
  • $200,000 to to a friend in a contracted agreement due for payment on 30 June, 2012.
  • $90,000 to another friend in a contracted agreement due for payment on 30 June, 2012.
  • $75,000 to a business associate.
  • $15,000 in outstanding franchise fees to Century 21 Australia.
  • $45,000 credit card debt.
  • $58,000 to his parents. (identified through a financial analysis ordered by police).

Gerard Baden-Clay receives first visitors in Arthur Gorrie Correctional Centre since his arrest for alleged murder of wife Allison

by: Alison Sandy

June 26, 2012 12:00AM

THE family of Gerard Baden-Clay have visited him for the first time since he was charged with the murder of his wife Allison.

Baden-Clay’s father Nigel and sister Olivia Walton had a non-contact visit yesterday morning with the 41-year-old accused murderer at Arthur Gorrie Correctional Centre in Wacol.

They were separated by a glass wall.

Queensland Corrective Services confirmed their meeting lasted two hours – from 9am to 11am – and it was the first time anybody had been to see Baden-Clay since his arrest almost two weeks ago, except for his lawyer, Darren Mahony.

Baden-Clay lost his bid for bail last week after the judge ruled him a flight risk.

Baden-Clay was in ‘dire financial position’, police allege

AMY REMEIKIS
26 Jun, 2012 04:09 PM

Accused murderer Gerard Baden-Clay, who owed more than $1 million, made claims on his wife’s insurance policies, totalling $960,000, according to police documents.

Former Century 21 Westside saleswoman Toni McHugh had an affair with Gerard Baden-Clay

His mistress Toni McHugh allegedly told police that Mr Baden-Clay had told her he would “sort out his financial situation and they would be together by 1 July 2012″.

Police allege that Mr Baden-Clay used the pseudonym ‘‘Bruce Overland’’ in emails to Ms McHugh after his wife’s disappearance.

The 41-year-old real estate agent has been charged with the murder of his wife Allison.

The documents formed part of the prosecution case against his application for bail in the Supreme Court last week. He was remanded in custody.

Mr Baden-Clay reported his 43-year-old wife missing through a triple-0 call on April 20.

Ten days later, the mother-of-three’s body was found by a canoist in a Brisbane creek about 14 kilometres from the Baden-Clay home in Brookfield in Brisbane’s west.

Earlier this month, Mr Baden-Clay was arrested and charged with Mrs Baden-Clay’s murder and interfering with her body by moving her to the location where she was found.

In documents submitted to the court, police investigators wrote “extensive financial investigations reveal that the defendant is in a dire financial position with debts of over $1,000,000″.

The document went on to reveal: “a significant amount of this debt was immediately due by 30 June 2012.”

“The defendant stands to gain a significant amount of money from life insurance policies for the deceased. Investigations indicate recent inquiries regarding these accounts made by the defendant prior to the disappearance of his wife.”

Police investigations revealed Mrs Baden-Clay’s three life insurance policies totalled $960,000 and Mr Baden-Clay had made a claim on all three policies.

An affidavit from Mr Baden-Clay, submitted by his legal team and presented to the court, revealed the defendant intended to “strenuously contest the charges levelled against” him.

In the document, Mr Baden-Clay says his business was ‘‘suffering serious financial stress after the Brisbane floods’’ and he had borrowed about $350,000 from friends and family to support the business.

He was aware police had considered him a suspect from April 23, when an article appeared in The Courier-Mail quoting police as naming him as a “person of interest”.

Mr Baden-Clay’s affidavit made mention of the “extensive” media attention directed at himself and his family.

“Notwithstanding the scrutiny, the suggestion of me being the prime suspect and the widespread nationwide speculation throughout the community and in the press I remained prioritising the care and support of my children endeavouring to provide stability and structure in an extraordinarily difficult time,” the document read.

Hundreds of pages of media reports, written and broadcast about the Baden-Clay case, were included in the documents submitted to the court.

Mr Baden-Clay’s mistress Toni McHugh, who was named in court as having a long-term relationship with Mr Baden-Clay, was mentioned in the documents as having told police their affair began in 2008.

Police allege Ms McHugh said their relationship ended in October 2011, when Mrs Baden-Clay discovered the affair, but resumed in December of that year.

Ms McHugh allegedly told police Mr Baden-Clay would “sort out his financial situation and they would be together by 1 July 2012″.

Police allege that Mr Baden-Clay stayed in contact with Ms McHugh after Mrs Baden-Clay’s disappearance, using a pseudonym “Bruce Overland” in emails.

Investigators contend that the pseudonym was used by the pair and submitted an email from April 3, 2012 at 5.40pm where Mr Baden-Clay, allegedly as Bruce Overland, wrote: “I have given you a commitment and I intend to stick to it. I will be separated by July 1″ and went on to “state his love” for Ms McHugh.

Police investigations allegedly found Mr Baden-Clay had “extra-marital affairs with at least three women” since 2008.

I got an SMS too, just today from Gerard….It is about as genuine as the one he sent to the wife he allegedly killed


 

Gerard Baden-Clay denied bail in case against him for murder of wife Allison


Lawyers and supporters of Gerard Baden-Clay leave Brisbane’s Supreme Court after hearing that he had been denied bail on a charge of murder.

Bail denied 22/06/12

GERARD Baden-Clay has been denied bail because of the “real risk of flight” – the chance he might flee – while awaiting a possible life sentence.

“Flight is a real possibility,” Justice David Boddice said today, announcing his decision over a bail application heard in Brisbane’s Supreme Court.

He said it was a concern that a person could be kept in custody for up to three years without having been convicted of committing an offence.

“Delay is obviously a matter of considerable importance,” he said.

He said Baden-Clay had substantial ties to the community, including his business and his three daughters.

However, he said those factors must be balanced against the fact Baden-Clay was facing life in prison.

Earlier, the court heard that Baden-Clay’s mistress had insisted he warn his wife on the night of April 19 that both women would be at the same real estate conference the following day.

It was that same night, police have alleged, that Allison was murdered.

In outlining the facts of the case, Justice Boddice said Baden-Clay reported his wife missing on the morning of April 20, 2012.

It is alleged Baden-Clay said he had gone to bed at 10pm the night before but had no idea whether she joined him because he is a heavy sleeper.

He allegedly told police he called them at 7.15am because Allison had been due to leave for a real estate conference that morning at 7am.

Justice Boddice said Peter Davis SC, for Baden-Clay, described the Crown case as “weak”, saying there had been no cause of death ascertained from the post mortem, no evidence as to where she was killed, what date or time she was killed and no evidence to show he had left his home on the night she disappeared.

But Justice Boddice rejected that claim, saying the circumstantial case had many factors that “if accepted by a jury” would make for a strong argument.

He said those included:

  • Baden-Clay was the last person to see his wife alive.
  • He had injuries to his face that he claimed were from shaving, but a forensic analysis concluded to the contrary. The analysis showed the marks were scratches.
  • He told police that he was a heavy sleeper and had no idea whether his wife had come to bed but forensic analysis from his mobile phone showed it had been unplugged from its charger at 8.45pm on April 19 and reconnected at 1.48am on April 20. Police also found evidence of a “face time” call between Baden-Clay and his father Nigel’s number shortly after midnight.
  • Allison’s blood was found in the rear of Baden-Clay’s car, consistent with “her body being moved by being placed in the rear of the car”.
  • Baden-Clay was suffering severe financial difficulties and was due a large insurance payout on his wife’s death.
  • He contacted the insurance company after a body was discovered but before it was identified as being his wife. Baden-Clay demanded an urgent copy of Allison’s death certificate and then made an immediate claim on the policy.
  • He had been having an affair with another woman and told police it was long over but evidence presented by police alleged it was ongoing and that Baden-Clay had planned to leave his wife for his mistress by July 1.
  • Entries in Allison’s journal on April 18 and 19 talked of the affair and a hand drawn map of Ms McHugh’s home was allegedly done by Baden-Clay – proving, the crown alleged, that they had been speaking about his relationship with another woman.

“I do not accept the contention that the crown case is a weak case,” Justice Boddice said.

He said despite having many links to the community, the risk of flight was too great.

Earlier, The Courier Mail reported that blood was found in the rear of Gerard and Allison Baden-Clays’ family car that was confirmed to be hers, according to a police affidavit submitted to a Supreme Court bail application hearing this morning.

But Peter Davis SC, for Mr Baden-Clay, disputed this, saying it was a luminol test only and not her blood.

Mr Davis said the only injury suffered by Allison as revealed in the post mortem was a chipped tooth. He asked why there would be blood in the car if she had no injuries.

At this morning’s bail application hearing for Mr Baden-Clay, it was also claimed police recovered a journal kept by his wife where she wrote about her husband’s affair with Toni McHugh on April 18.

They say in their affidavit that this would have led to an argument between the two of them but Mr Davis said that was an assumption only.

Baden-Clay’s counsel has not yet responded to these allegations.

The prosecutor Danny Boyle claimed the Crown did not need to provide evidence showing it was Allison’s blood in the car at this stage of the proceedings.

The Crown relies on the facts as outlined in submissions, Mr Boyle argued.

He alleged the financial gain from Allison’s death went to the motive for her murder.

He also alleged Mr Baden-Clay had a “deadline” of July 1 for when he intended to separate from his wife.

He claimed in Allison’s journal there was a diagram of Ms McHugh’s house, drawn by Mr Baden-Clay, as part of their counselling.

Mr Baden-Clay allegedly told police his affair with Ms McHugh had ended some time before Allison’s disappearance, “when in fact the relationship was continuing when she went missing”, the prosecutor argued.

He said Ms McHugh would give evidence at a trial.

The Crown said its case against Baden-Clay relied on several points:

  • His relationship with his wife was unstable and “his intention for a future with Ms McHugh”.
  • He was in dire financial trouble and stood to benefit greatly from Allison’s death.
  • He had the opportunity, being the last person to see her alive.
  • The deceased’s blood was allegedly found in the boot of Gerard’s car.
  • Mr Baden-Clay told police the mark on his face came from shaving but a forensic examination concluded that was not the case, and that it was a scratch.

Mr Davis has asked for a non publication order until the court’s ruling on the bail application was handed down.

The court broke for lunch and was due to continue the hearing from 1pm.

The police are objecting to Mr Baden-Clay getting bail because they say he could interfere with potential witnesses.

Mr Davis said his client should have bail so he can continue caring for his children.

He said Mr Baden-Clay had no valid passport at the moment.

Mr Davis said there has been no cause of death, no evidence putting him at Kholo Creek, no sightings of the car and no evidence of a time of death.

A large crowd has again turned out for accused wife killer Gerard Baden-Clay’s second attempt at applying for bail.

Yesterday’s hearing was shut down after just five minutes when a security threat was phoned in to the Supreme Court.

Mr Baden-Clay has been charged with murdering his wife Allison, 43, at their Brookfield home on April 20 and interfering with her corpse at Kholo Creek on the same night.

He has not appeared in court this morning, but his sister Olivia Walton has attended.

Mr Davis SC has indicated his client will seek to gain a suppression order.

Earlier, police with sniffer dogs conducted another security sweep of the courts complex after yesterday’s lockdown.

Our Fly on the Wall in court revealed what really happened in there today though

So I arrived about 9.45am. Olivia and GBC’s representation then arrived and we both stood outside the court. I stood two feet from Olivia and friend before going in. She was pretty non-descript and I can’t form an opinion either way. I think she knew he did it, but wasn’t involved. Danny Boyle and the rest of the DPP team showed up.

We shuffled inside and sat and waited while the cases before were dealt with (callover).

Basically, it went as follows.

SC argued his point first, rebutting the submissions made by the DPP.

Some of the facts:

1. The children WERE home at the time.
2. GBC lied to police about his affair being over.
3. T .McHugh made a statement saying it was still ongoing and he had until 1 July to leave Allsion.
4. ABC had a journal, and she had written in it in the days leading up to the murder. GBC had hand drawn a pic of McHugh’s house in the journal.
5. ABC and GBC were undergoing counselling.
6. T. McHugh was also attending the SAME conference on Friday as ABC, T McHugh wanted GBC to tell this to Allison. It is alleged this is when an argument ensued.
7. No visible signs of trauma on the body (no cut off hands), besides a chipped tooth.
8. ABC had two life insurance policies, enquiries about the policy were made twice on or about 17th April. Once by ABC – she was aware of said policies. It is thought that they were struggling with the premiums and the call was made to roll them into one or to this effect.
9. GBC hired his lawyer on day 3 after being made aware he was a suspect.
10. ABC’s Blood was found in the back of the 4wd.
11. On the day a body was discovered at Kholo Creek, GBC contacted Insurance company and initiated a claim. This was BEFORE she was formally identified.
12. DPP believes the car crash was stage to hide the scratches. GBC claims the scratches on his face was caused by shaving, however forensics say they are not consistent with shaving injuries, but of scratches.
The ones on his chest… wait for it, he claims came from a caterpillar.

Here’s the nail in the coffin though peeps…………

Gerbil claimed he was a heavy sleeper and was asleep from 10pm to 7am the night she went missing. Lo and behold, Gerbil’s mobile phone was removed from his phone charger at approximately 8.30pm. He phoned Nige at approx. 12.30am, it was a video call that lasted approx. 1.23 secs. GBC’s phone was then reconnected to the phone charger at 2.30am.

But wait, there’s more. Searches on his computer found, that in the couple of days prior to the murder, Gerbil had done an internet search on “acting incriminating”. He also did another search, on “acting incriminating” just prior to phoning police on the morning he reported her missing. morning.

I am really pleased I went, to clear up some of the innuendo going around.

It is clear the motive is financial gain and the affair and new life planned with Toni. Toni has sold him out to save her own skin. I am just waiting for Nige to get arrested as an accessory now.

There was nothing mentioned that it was premeditated and meant to happen in July though, as if Toni had said this in her statement, it would have been submitted to court today and it was not.

They have no COD, it looks like suffocation. The judge wasn’t taking any of the SC’s sh!t either.

IMO, no way in hell will bail be granted. .

Previous threads can be found using the links below, One being very first and so on…

One (26/04/12) here Two (14/05/12)  here Three (17/05/12) here Four (20/05/2012) here Five  (23/05/12) here Six (26/05/12) here Seven (28/05/12) here Eight (30/0512) here Nine (02/06/12) here Ten (08/06/12) here Eleven (11/06/12) here  Twelve 13/06/12 here Thirteen 17/06/12 here Fourteen 20/06/12 here

Evacuations at Brisbane Supreme Court during Baden Clay-update Bail DENIED 22/06/12


PRECAUTIONS-Police dogs check the courtyard at the Brisbane courts complex this morning

Previous threads can be found using the links below, One being very first and so on…

One (26/04/12) here Two (14/05/12)  here Three (17/05/12) here Four (20/05/2012) here Five  (23/05/12) here Six (26/05/12) here Seven (28/05/12) here Eight (30/0512) here Nine (02/06/12) here Ten (08/06/12) here Eleven (11/06/12) here  Twelve 13/06/12 here Thirteen 17/06/12 here Fourteen 20/06/12 here

A QUICK TIMELINE UPDATE FOR THOSE CATCHING UP

Bail DENIED 22/06/12

Thursday, April 19: Gerard Baden-Clay allegedly claims he last saw his wife Allison watching Channel Nine’s The Footy Show in their living room about 10pm.

Friday, April 20: Mr Baden-Clay phones police to report his wife missing about 7.30am. Police establish a command post at the Brookfield Showgrounds to co-ordinate an extensive search for the mother-of-three.

Sunday, April 22: Gerard Baden-Clay crashes a borrowed car into a bus terminal at Indooroopilly Shopping Centre.

Wednesday, April 25: Detectives interview a former female colleague of Mr Baden-Clay for three hours at Indooroopilly police station.

Thursday, April 26: Police search Mr Baden-Clay’s Century 21 Real Estate office in Taringa.

Sunday, April 29: Mr Baden-Clay attends church with his three daughters and then spends one hour at Indooroopilly police station receiving an update from police on the search for his wife.

Monday, April 30: Police reveal a body has been found by a canoeist under the Kholo Creek bridge at Anstead about 11am. Investigators are for information about the movements of the Baden-Clays’ cars – a white Toyota Prado and a silver Holden Captiva – between 8pm on Thursday, April 19, and 6am on Friday.

Tuesday, May 1: Police confirm the body discovered is that of Allison Baden-Clay.

Friday, May 11: Allison Baden-Clay’s funeral is held in Ipswich and attended by hundreds.

Wednesday, May 30: Police receive toxicology reports from Brisbane’s John Tonge Centre, but remain tight lipped about the results.

Monday, May 28: Mr Baden-Clay relocates his new business to the Toowong Tower.

Friday, June 2: Police interview a female associate of Mr Baden-Clay in Sydney.

Wednesday, June 13: Gerard Baden-Clay is charged with his wife’s murder and improperly interfering with her body about 6.30pm.

Thursday, June 14: Gerard Baden-Clay faces court for the first time. He is remanded in custody until July 9. He is taken from Brisbane Watchhouse to Arthur Gorrie Correctional Centre. His lawyers lodge an application for bail on behalf of their client in the Supreme Court.

Thursday, June 21: Gerard Baden-Clays lawyers attend court for Bail Application but building is evacuated within minutes admin a bomb threat scare. Rescheduled for tomorrow 10am Friday June 22, 2012

UPDATE MIDDAY 22/06/12 HEARING SET TO RESUME AT 1PM QLD TIME

BLOOD was found in the rear of Gerard and Allison Baden-Clays’ family car that was confirmed to be hers, according to a police affidavit submitted to a Supreme Court bail application hearing this morning.

But Peter Davis SC, for Mr Baden-Clay, disputed this, saying it was a luminol test only and not her blood.

Mr Davis said the only injury suffered by Allison as revealed in the post mortem was a chipped tooth. He asked why there would be blood in the car if she had no injuries.

At this morning’s bail application hearing for Mr Baden-Clay, it was also claimed police recovered a journal kept by his wife where she wrote about her husband’s affair with Toni McHugh on April 18.

They say in their affidavit that this would have led to an argument between the two of them but Mr Davis said that was an assumption only.

Baden-Clay’s counsel has not yet responded to these allegations.

The prosecutor Danny Boyle claimed the Crown did not need to provide evidence showing it was Allison’s blood in the car at this stage of the proceedings.

The Crown relies on the facts as outlined in submissions, Mr Boyle argued.

He alleged the financial gain from Allison’s death went to the motive for her murder.

He also alleged Mr Baden-Clay had a “deadline” of July 1 for when he intended to separate from his wife.

He claimed in Allison’s journal there was a diagram of Ms McHugh’s house, drawn by Mr Baden-Clay, as part of their counselling.

Mr Baden-Clay allegedly told police his affair with Ms McHugh had ended some time before Allison’s disappearance, “when in fact the relationship was continuing when she went missing”, the prosecutor argued.

He said Ms McHugh would give evidence at a trial.

The Crown said its case against Baden-Clay relied on several points:

  • His relationship with his wife was unstable and “his intention for a future with Ms McHugh”.
  • He was in dire financial trouble and stood to benefit greatly from Allison’s death.
  • He had the opportunity, being the last person to see her alive.
  • The deceased’s blood was allegedly found in the boot of Gerard’s car.
  • Mr Baden-Clay told police the mark on his face came from shaving but a forensic examination concluded that was not the case, and that it was a scratch.

Mr Davis, SC, has asked for a non publication order until 2.30pm today when the matter would be argued further.

TAKE TWO- Gerard Baden-Clay’s sister Olivia Walton arrives for the bail hearing on Friday morning

POLICE have conducted a security sweep of Brisbane’s Supreme Court ahead of the bail application of accused murderer Gerard Baden-Clay, after a bomb threat closed down the courts yesterday.

Police with sniffer dogs conducted another inspection of the courts complex after yesterday’s lock-down.

The bail application is set down for 10am.

The Max Sica murder trial, whose summing up was also interrupted by the bomb hoax yesterday, will resume on Monday.

Chief Justice Paul de Jersey yesterday blasted the security scare: “It’s absolutely disgraceful, if this is a hoax, that the proceedings of the state’s highest court can be disrupted in this dreadful way.”

More to come…

update 22/06/12

SWEEP-Gerard Baden-Clay’s father Nigel watches as police search his vehicle at his Kenmore home last night

DETECTIVES investigating the alleged murder of Allison Baden-Clay returned last night to her in-laws’ home where they conducted further searches of their property.

The Courier-Mail can reveal the car owned by Gerard Baden-Clay’s parents was searched. Police rifled through the boot and back seat of the couple’s silver Holden Statesman about 6pm.

After Nigel and Elaine Baden-Clay walked their dog, they were intercepted by five detectives who spent about an hour with them, mostly inside the house, only coming out briefly about halfway through with Mr Baden-Clay to search the vehicle before leaving about 6.20pm.

The couple’s daughter, Olivia Walton, was the only family member to attend the bail application hearing, which had to be rescheduled yesterday after a bomb threat. The hearing will continue today.

Gerard Baden-Clay courtroom cleared

Crowds mill about Brisbane‘s Supreme Court after it was evacuated in a security scare that interrupted Gerard Baden-Clay bail hearing.

June 21, 2012 4.29pm Update

THE Supreme Court bail hearing of Gerald Baden-Clay has been delayed until Friday due to a security threat that forced the building to be evacuated.

Justice Paul De Jersey told the media there would be no more court sittings today and business would resume tomorrow morning.

June 21, 2012 3:17PM

THE bail application for accused murderer Gerard Baden-Clay has been interrupted and the courtroom cleared.

Five minutes into the proceedings in the Supreme Court in Brisbane, Justice Glenn Martin asked for the packed court to be cleared.

Supporters of Baden-Clay and the media were asked to leave the Queensland Law Courts building.

Baden-Clay’s legal team have also left the building and are waiting in the forecourt outside.

The Brisbane man is accused of murdering his wife Allison, who he reported missing on April 20, and whose body was found on the banks of a creek 10 days later.

A hearing to determine whether Gerard Baden-Clay will be granted bail on a charge of murder is being heard today by the Supreme Court in Brisbane.

Court Evacuated- Confusion reigns

2.10pm: Gerard Baden-Clay’s sister Olivia Walton has arrived at Brisbane Supreme Court with his legal team for the accused killer’s bail hearing.

Olivia Walton arrives at Brisbane Supreme Court to support her brother Gerard Baden-Clay’s bail application

Ms Walton did not speak to waiting media on her way into court, nor did his barrister, Peter Davis SC.

2.20pm: Dozens of people have crowded into court five of the Supreme Court to hear the bail application of Gerard Baden-Clay who was last week charged with murder and interference with a corpse following the death of his wife Allison.

The public gallery and press bench are full, with at least 30 more people standing by the doors.

Baden-Clay’s sister is sitting in the front row with a friend. There is no sign of his parents.

2.35pm: Baden-Clay’s barrister Peter Davis SC has told the court of extraordinary allegations made against his client, who has undergone two forensic examinations.

The court has now been closed the media with no explanation as to why.

2.40pm: Security has instructed members of public and media in Baden-Clay’s bail hearing to leave via fire escape.

2.50pm: Media continue to wait for information on when the court will reopen.

 

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