Luke Margaritis – World travelling teacher and convicted paedophile


When Luke Margaritis was 13, he had the excitement & joy of performing in the opening & closing ceremonies of the 1982 Commonwealth Games in Brisbane.
What made him want to take away excitement, joy & hope from other teens?

Read what this pig has been up to, BRISBANE folks may or may not know he USED to run a  cafe/coffee shop UNTIL HE WENT BACK TO PRISON. (Milk Espresso Bar & Tea House) Video a bit further down. If governments continue to do sweet F all we have to do it. 

Luke Margaritis - World traveling teacher & convicted paedophile

Luke Margaritis – World traveling teacher & convicted paedophile

 In 2002, he was a chaperone to Ducie High pupils as they practiced for Manchester 2002.

 In 1994, Margaritis took advantage of a 15-year-old student by giving him “a big cone” of marijuana before abusing him.

 In 1995, Margaritis plied a 13 year old boy with drugs & alcohol before abusing him.

 Both boys were students at St Edmund’s College.

 In 2010/2011, he moved to a little tiny town in Norseman Western Australia where he continued to teach disadvantaged students aged 12 – 16.

 In 2013, he opened a coffee shop in Brisbane called Milk Espresso Bar & Tea House.

This teacher has been all around Europe teaching, including Dulcie High.
If you or anyone you know have been abused by this man, Please contact your local police.

 

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Max Sica found Not Guilty of child’s rape and abuse


This case is one I have not been following since it went to trial, but I see it reported this morning that Sica has been found Not Guilty of the 21 sex offences that date back from 2004. Report from Courier Mail below… 

Interesting that it has been reported that “Sica has become the latest in a growing long line of infamous criminals to win judge only trials – including notorious pedophiles Dennis Ferguson and Roy Schloss.” 

While Judge only trials are rare and difficult to obtain, if a trend develops such as has been suggested, I would be surprised if there are not many more defendant’s in the future who try to argue for a judge only trial.

   

Convicted triple murderer Max Sica found not guilty of child’s rape, abuse

CONVICTED triple murderer Massimo “Max” Sica has been found not guilty of raping and repeatedly abusing a young girl over a four year period.

Sica – who is already serving a record 35-years in jail for the 2003 murder of the Singh siblings – is the latest in a growing list of reviled convicted criminals – including infamous pedophiles Dennis Ferguson and Roy Schloss – to be a acquitted after a rare judge only trial.

Brisbane District Court judge Michael Shanahan delivered the verdict to a stunned packed court – including Sica’s parents Carlo and Anna and his siblings – on Friday morning.

Judge Shanahan deliberated almost two weeks before handing down his verdict 21 sex offences – including child rape.

Sica received three life terms of imprisonment – an”d ordered to serve a minimum of 35-years – for the savage murder of the Singh siblings Neelma, 24, Kunal, 18, and Sidhi, 12.

Judge Shanahan, in his written 50-page decision, said medical evidence revealed the girl physically showed all the hallmarks of being a virgin and could not have been subjected to the sexual attack alleged.

“There is one fact … which causes me significant concern,” he said.

“Considering the medical evidence I cannot be satisfied beyond a seasonable doubt that the penetrative (sexual) acts occurred as described by the (girl).”

Judge Shanahan also commented on the girl’s “credibility”, saying her evidence raised a “number of issues of concern.”

“I am not satisfied beyond reasonable doubt that any of the counts have been proved … (and) verdicts of not guilty are entered to each of the counts.”

Sica, who stood ramrod straight in the dock of Court 31 for the verdict, breathed out deeply and smiled as he heard Judge Shanahan’s decision.

Outside court, Sica’s jubilant brother, Claudio, said: “Justice has finally been served, but not fully.”

“There was no other verdict that could have been given.”

Sica has become the latest in a growing long line of infamous criminals to win judge only trials – including notorious pedophiles Dennis Ferguson and Roy Schloss.

Sica was granted the judge-only trial after his lawyers convinced the court Sica’s notoriety would make it almost impossible to find and impartial panel of jurors anywhere in Queensland.

Sica early last month pleaded not guilty to 21 sex offences, including two counts of rape and one of maintaining a sexual relationship with the child between November 15, 2004 and September 10, 2008.

Then aged 35 to 39, he was also charged with nine counts each of unlawful carnal knowledge and indecent dealing of a child under 16.

The court had been told Sica allegedly had sex with the child, then aged between nine and 13, more than 100 times during the four-year period.

In July, a Brisbane Supreme Court jury found Sica guilty of the 2003 murder of the Singh siblings.

He was sentenced to three life terms, with a record minimum non-parole period of 35-years.

Sica has appealed those verdicts, with a two day hearing scheduled to start in the Court of Appeal in Brisbane on May 27.

High-profile sex offender Dennis Ferguson spotted selling RSPCA biscuits in Sydney CBD


This creepy dirty sleazy slime ball has been caught out yet again. Shifty, sneaking and very very cunning.

He was NOT Fund Raising. He was FUN RAISING for himself. Sitting there checking out all the kids going by who get up close and personal when their unsuspecting parents come forward to support a well respected charity, the RSPCA.

Where are the checks on the snake belly’s we call paedophiles?  He uses his middle name instead of his first and he slips through the cracks???

I was flabbergasted to read this in the paper. let me assure you, they are out there doing this, he got busted by journo’s recognising his well known disgusting face. Imagine all the other slime-balls out there creeping and slithering around our community FUN RAISING for themselves!

Also, on a side note, check out his digs, not a bad apartment building for a career pervert who does not work. Guess who would be paying for his bachelor pad folks?

A timely reminder of my other site here http://aussiepaedophiles.wordpress.com/

THE grey-haired man named Ray held up a tin of kangaroo-shaped biscuits, trying to raise cash for the RSPCA.

Paedophile Dennis Ferguson was spotted selling biscuits and other items fund-raising for the RSPCA in Sydney

But this was no ordinary charity seller. It was Australia‘s high-profile sex offender Dennis Ferguson.

The Daily Telegraph yesterday spotted the 64-year-old convicted paedophile selling merchandise to the public at Circular Quay under the name Ray Ferguson.

His stall offered various animal-shaped shortbread biscuits, pens, stickers and badges for the RSPCA.

Passers-by would not have suspected anything untoward about the older man trying to make a dollar for charity.

But when approached yesterday, he confirmed he was Dennis Ferguson, using his middle name for charity work.

Ferguson was jailed for 14 years for sexually assaulting three children aged six, seven and eight in a Brisbane motel in the late 1980s.

Soon after release, he was caught wandering through a primary school in Parramatta – against his parole conditions – and sent back to jail.

“What’s the big deal? So I made a boo boo in the past, that’s over,” Ferguson said yesterday.

The RSPCA last night said it had no idea the man named Ray who signed up as a fundraiser for the “family-focused brand” was a child sex offender, and it would seek to revoke his volunteer permit.

“The RSPCA is associated with puppies and kittens which appeal to children, and our brand is family-focused,” a spokeswoman said.

“We would not want people thinking they can’t trust our volunteers.”

It is not the first time Ferguson has signed up for charity work under an alias since his release.

In 2010, he was found selling children’s toys in Kings Cross on behalf of Diabetes Australia, without proper authority.

As a result, police obtained an order requiring Ferguson to notify the Child Protection Authority before engaging in charity work that would put him in contact with children.

Ferguson refused to say yesterday whether he had notified police about his charity work. “They know about me, that’s all I will say,” he said.

Police said details of people on the Child Protection Register could not be made public.

Dennis Ferguson

Dennis Ferguson

Born Dennis Raymond Ferguson
5 February 1948 (age 64)
Charge(s) Kidnapping, sodomy, gross indecency, indecent dealing and carnal knowledge
Conviction(s) Child sexual abuse
Penalty 14 years (1989–2003)
15 months (2003–2004)
Status Released

Dennis Raymond Ferguson (born 5 February 1948) is an Australian man convicted of child sexual abuse. In 1988, he kidnapped and sexually abused three children, and was sentenced to 14 years’ imprisonment. Ferguson was forced on numerous occasions to relocate his residence from various locations around Australia, due to public hostility and news media attention

Criminal history

According to court records, Dennis Ferguson’s pre-1987 criminal history contains “many convictions for false pretences, various assaults on children and indecent assaults on females”, including five convictions for child molestation.In 1987 Ferguson was imprisoned in Long Bay Jail after being convicted on multiple fraud charges.

After being released from Long Bay Jail in July 1987, Ferguson, then aged 40, and his 23-year-old male lover, Alexandria George Brookes, abducted three children, two boys and a girl, from Sydney. Ferguson had previously got to know the children’s father, who was a fellow inmate in Long Bay Jail, and Ferguson was told that the children had previously been sexually abused. Ferguson and Brookes flew the children to Brisbane, and sexually assaulted them in a house in the Brisbane suburb of Kedron. The following night, Ferguson and Brookes moved the three children to a motel in the suburb of Ascot, where they again abused the children. Police arrested Ferguson and Brookes at the motel, where they found Ferguson naked with the children. Ferguson told police, “I can help you. Pornography. Kiddy porn, I can get you kiddy porn.”Ferguson claimed he was innocent, accusing one of the boys he molested of committing the crimes, but a jury found him guilty of all counts of abduction and assault of the three children. He was sentenced to 14 years’ imprisonment, by a judge who noted there was no chance he would be rehabilitated

While in jail he refused to take part in rehabilitation programs, and attempted to obtain police photographs of his victims under the Freedom of Information Act. An order was obtained requiring Ferguson to report his whereabouts to police after fellow inmates reported plans by him to molest the eight-year old daughter of the family with whom he would reside after being released

In 2003, New South Wales Police surveillance located Ferguson in Parramatta Public School. Ferguson was forbidden from entering schools, and claimed he was distributing cleaning products for groups needing to raise funds. A court convicted him under the NSW Child Protection Offenders Registration Act, and he was sentenced to a further 15 months’ prison in the John Morony Correctional Centre. He was released in December 2004.

The following year, in November 2005, Ferguson was charged with sexually assaulting a 5-year-old girl at her home in the Queensland town of Dalby. In a rare legal move, the judge granted Ferguson a bench trial (without a jury), as he considered Ferguson would not receive a fair trial by jury, due to the enormous amount of media coverage. The judge found that while the girl had been molested while Ferguson and fellow convicted child sexual abuser Allan Guy had been at her house, it could not be proved beyond reasonable doubt that Ferguson had been responsible, rather than Guyand that he should be released. The girl had clearly identified ‘Dennis’ as the perpetrator of her abuse.

Relocation

After being released from jail in 2004, Ferguson was forced to move from numerous locations in Queensland, due to public pressure and media attentionAngry residents forced him to flee the towns of Bundaberg, Toowoomba and Murgon. In February 2005, he settled in Ipswich with another pedophile, but was again found by neighbours and the media. There were reports of rocks being thrown at his house. A judge awarded Ferguson $2,250 in compensation from an invalid Ipswich pensioner who pleaded guilty to threatening to kill himOther protests have been more peaceable.

In July 2008, he moved to a rural property near Miles, Queensland, but after word of his location spread, cars began to arrive at the property, and the police were called after 60 people began chanting anti-Ferguson slogans.

In 2009, he moved into a public housing apartment in the Sydney suburb of Ryde where he was given a five-year lease. Some residents of the area were outraged at Ferguson’s presence, after news organisations revealed where he was living- near a primary school and playgrounds.Angry males shouted on the street, and police found a Molotov cocktail near Ferguson’s apartment building; Ferguson claims that one man broke into his house and assaulted him ]By 2010, neighbours had forced him to leave Ryde

New South Wales Police attempted to obtain a court order banning Ferguson from public pools and parks,after he began frequenting a pool during primary school children’s swimming lessons.While the safety order was denied by a judge, they did succeed in obtaining an order requiring him to notify the child protection authority before engaging in charity activities that would put him in contact with children, a precaution that was prompted after he was spotted selling children’s toys for a charity for which he had registered using his middle name, Ray.[19][21] Ferguson had been selling them without a legally mandated permit and police approval.

A program set up by the government agency Centrelink to reunite missing persons was suspended indefinitely in September 2009, after it was discovered that Ferguson had accessed the service to reunite with his 1987 criminal accomplice, Alexandria George Brookes.

Legislative changes

In September 2009, in response to public anger at Ferguson living in the Ryde area, the Government of New South Wales under Premier Nathan Rees moved to introduce legislation to allow the government to evict child sex offenders from public housing. Critics dubbed the legislation the Dennis Ferguson Act, and said it was created as a result of the state government caving in to vigilantism.

Time to ‘let Ferguson live in peace’

Posted Sat Mar 7, 2009 1:32pm AEDT

Queensland Police Commissioner Bob Atkinson says convicted paedophile Dennis Ferguson will be monitored daily after he was acquitted of a child-sex charge in Brisbane yesterday.

In a judge-only trial, the 61-year-old was found not guilty of molesting a five-year-old girl in her western Darling Downs home in 2005.

Commissioner Atkinson says it is time to let Mr Ferguson live in peace.

“He has to live somewhere that people would trust us to monitor him to keep a close watching brief on him,” he said.

“We will do that on a daily basis … hopefully people will just allow things to move forward now and not be concerned.”

http://www.abc.net.au/news/stories/2009/03/06/2509851.htm

Ferguson acquittal sparks calls for paedophile separation

Posted Fri Mar 6, 2009 7:38pm AEDT
Updated Fri Mar 6, 2009 8:04pm AEDT

A child safety group wants the Queensland Government to keep known paedophiles away from each other, after today’s acquittal of Dennis Ferguson on a child sex charge.

The 61-year-old convicted paedophile had been accused of molesting a five-year-old girl in her Dalby home in 2005.

Mr Ferguson had gone to the property with fellow convicted paedophile Allan Guy.

He faced a judge-only trial in Brisbane after a court ruled it would be difficult to find an impartial jury.

In handing down her verdict, chief judge Patsy Wolfe said while the Crown had failed to prove Mr Ferguson was the perpetrator, the evidence suggested the girl was molested and Guy was responsible.

Mr Ferguson broke down in the dock and buried his head in his arms.

Outside the court, Carol Ronken from the child safety group Bravehearts said known paedophiles like Mr Ferguson and Guy should be stopped from banding together.

“We’re really concerned that he’s been able to liaise and hang around other sex offenders,” she said.

She also called on police to pursue Mr Guy.

Meanwhile, Queensland police have warned people not to harass Mr Ferguson, who has been run out of three Queensland communities in the past.

Deputy police commissioner Kathy Rynders says officers will monitor Mr Ferguson daily but it is unclear how long the surveillance will last.

She says Mr Ferguson will have to tell police his address.

His lawyer, Terry Fisher, says Mr Ferguson now wants to be left alone.

“It is my client’s hope that the conclusion of this trial will afford him the opportunity to live without constant media harassment and public intrusion,” he said.

‘Children need protection’

Police officer Heather Steinberg, who is running as an independent candidate in the Brisbane seat of Redlands, says the public should be concerned about today’s acquittal.

She says the Police Minister must ensure the community is safe.

“The children out there need to be protected,” she said.

“[Police Minister] Judy Spence said to us as a community we need to teach our children how to protect themselves from this type of situation.

“What’s the Government done about it? Absolutely nothing.”

http://www.abc.net.au/news/stories/2009/03/06/2509206.htm

Ferguson not guilty on child abuse charge

By Jason Rawlins

Posted Fri Mar 6, 2009 11:14am AEDT
Updated Fri Mar 6, 2009 1:39pm AEDT

Notorious Queensland paedophile Dennis Ferguson broke down in the dock after being found not guilty of molesting a child.

At a judge-only trial, Mr Ferguson was accused of going to a five-year-old girl’s home on the western Darling Downs in south-east Queensland in 2005 and molesting her.

He had been at the Dalby home to talk to the girl’s mother about a sales business and was with another convicted paedophile Allan Guy and his wife.

Brisbane’s District Court Chief Judge Patsy Wolfe handed down her verdict at around 10am AEST.

Judge Wolfe said the evidence pointed to the girl having been molested but she said the Crown had failed to prove the identity of the person responsible.

She also said the girl’s description of where the offence took place and who was involved pointed to Guy being the perpetrator.

Mr Ferguson broke down in the dock and buried his head in his arms.

His lawyer Terry Fisher says Mr Ferguson now wants to be left alone.

“It is my client’s hope that the conclusion of this trial will afford him the opportunity to live without constant media harassment and public intrusion,” he said.

The verdict has prompted calls for the real offender to be pursued.

Outside Brisbane’s District Court, child advocacy group Bravehearts spokeswoman Carol Ronken called on police to pursue Guy.

“There should be an investigation into Allan Guy – whether or not he is a party to that,” she said.

Ms Ronken also wants the Queensland Government to prevent Mr Ferguson associating with other paedophiles.

Queensland Treasurer Andrew Fraser says police will continue to monitor Ferguson but he will not be accommodated at taxpayers’ expense.

“As I understand the matter, now that he’s been found not guilty by the judge, Mr Ferguson is no longer in the custody of the state,” he said.

“I understand from police that they will be monitoring his movements and they’re able to provide further comment on that.

“I don’t propose to comment on the operational matters of police.”

http://archive.sclqld.org.au/qjudgment/2009/QDC09-049.pdf

 

http://www.austlii.edu.au/au/cases/qld/QDC/2008/224.html

Queensland District Court Decisions

Ferguson v. Watterson [2008] QDC 224 (19 September 2008)

Last Updated: 23 September 2008

DISTRICT COURT OF QUEENSLAND

 

CITATION: Ferguson v Watterson [2008] QDC 224
PARTIES: DENNIS RAYMOND FERGUSON

(applicant)

v

NOEL BOYD WATTERSON

(respondent)

FILE NO/S: 40 of 2008
DIVISION: Civil
PROCEEDING: Application for criminal compensation
ORIGINATING COURT: District Court Ipswich
DELIVERED ON: 19 September 2008
DELIVERED AT: Ipswich
HEARING DATE: 2 September 2008
JUDGE: Richards DCJ
ORDER: The respondent is ordered to pay the applicant the sum of $2,250 by way of compensation
CATCHWORDS: Criminal compensation – where other factors have contributed in a significant way to an injury
COUNSEL: Mr P E Smith for applicant

Mr P Boustead for Crown Law

No appearance for the respondent

SOLICITORS: Fisher Dore for the applicant

No appearance for the respondent

[1] The applicant is a sixty year old man who has previously been convicted of sexual offences against young children. He was released from prison in New South Wales on 15 December 2004 and returned to Queensland in December 2004 initially living in the Brisbane area with friends. From December 2004 to January 2005 he moved to Ipswich and was living with a friend in temporary accommodation.
[2] During the days leading up to this offence he and his friends had been subjected to an extreme amount of harassment from the media who had in turn engendered public support to hound the applicant out of town. On 1 February 2005 he was helping friends move to rental accommodation in Murgon. He was the subject of further abuse on that day in Murgon and was told by the police he would be safer if he left and he returned to Ipswich. When they arrived back at Ipswich there were members of the media and a crowd of people outside the premises waiting for them. The applicant could not see what was going on as he was under a blanket in the rear of the vehicle but he was told that Mr Watterson was in the crowd and that Watterson did not like him.
[3] Because of the hostility of the crowd outside the house they drove immediately to the Yamanto Police Station. When they arrived the media was there as well. His friends went into the police station while he stayed under the blanket in the car. They requested assistance from the police and then they went back to the Ipswich address driving around to the back of the premises. The media and the respondent were still there. The car was stopped and as he lay under the blanket he heard many people yelling things like, “Get out you filthy kid fucker”, “You’re dead”, “We don’t want you here.” He became scared that if he got out of the car people would hurt him. He heard the back door of the car being opened by the applicant and he heard the applicant and others yell at him, “Get out of here!”.
[4] Things quietened down a bit and he eventually left the car and entered the house. As he went to the house he heard more abuse and people yelling that he was dead and that they would get him. The respondent was one of those who yelled at him saying, “No sleep tonight Mr Ferguson, the black fellas in Murgon never got you but I will”. He was scared that people would break in and injure him and that the media were inciting the crowd.
[5] When the police arrived the yelling and the rock throwing stopped. He remained in the house all night and throughout the next day he was worried that Watterson would break in and injure him or burn the house down. He was especially concerned once he saw television footage of Watterson threatening him and trying to get him out of the car. He was taken away from the house the next day.
[6] On 19 October 2005 the respondent pleaded guilty to one charge of making threats, contrary to
s 359 of the Criminal Code.
[7] Mr Ferguson applies for compensation under the
Criminal Offence Victims Act 1995. The Act came into force in December 1995 and was established to provide compensation for an applicant’s injury consequent upon a personal offence committed against the applicant[1]. The scheme was introduced to ensure compensation for all victims of crime. It does not provide that compensation be awarded only to victims who are good citizens. The explanatory notes of the Act when introduced into parliament in Bill form provides insight into the purposes of the criminal compensation scheme:

 

“The principle reforms are:

(b) court applications will be dealt with informally;

(c) amounts will be assessed according to a “compensation table” with the objective of simplifying the process and reducing the inconsistencies in the awards made.

 

The system for compensation is intended to provide some measure of compensation in a summary way to the victim of a crime without the delay, cost and formality of a civil action for damages, for example, for assault or trespass.”

[8] It would be a very rare case that a victim of crime would be denied compensation altogether. In Hohn v King [2004] QCA 254 the court discussed this proposition at paragraph 100:

 

“The behaviour of the victim of the crime is relevant and is one of the matters to be taken into account. However, the legislation is not in terms limited to “good citizens who are the innocent victims of criminal behaviour”. Crime, its causes and incidents, is more complex than such an attitude would suggest. Demographically, the group responsible for the majority of assaults, young people, particularly young males aged 15 to 24, is the same group most likely to be victims of assault. As s 25(7) recognises, criminal offending does not only occur in a world neatly divided between the innocent and guilty, the good and the bad, but one which contains many shades of grey. Compensation awarded to victims of crime does not depend on a simplistic approach but takes into account all the relevant factors including any behaviour of the applicant which contributed, whether directly or indirectly, to the injury.”

 

[9] The first question in this case is whether the offence of making threats under the Criminal Code is a personal offence as defined in the Criminal Offence Victims Act[2] Compensation is only payable for offences committed against the person of someone. This phrase was considered in detail in RZ (by his litigation guardian) v PAE (2007) QCA 166 at paragraph 45:

 

“For an offence to be an “offence committed against a person of someone”, it is not necessary that there be actual contact with the body of the person. To return to an earlier example, the offence of robbery is frequently committed by pointing a weapon at victims and threatening them with violence in order to obtain property with no actual physical contact with the person or body of the victims. Such victims are commonly awarded compensation under the Act because the offence to which they were subjected is planning an indictable offence committed against the person of someone within s 21 of the Act. An attempted robbery involving threats alone is no less an indictable offence committed against the person of someone than a like offence involving some actual bodily contact.

 

Although the respondent’s offence against the appellant child did not involve physical contact with or a threat of physical contact with the child’s person or body, it was certainly not an offence against property. The respondent proposed that the child let the respondent “suck his dick”, an act which, had it been carried out, would unquestionably have involved the child’s person or body. It is not suggested (nor could it sensibly be) that, had the attempted offence actually been committed, it would not have been “an offence committed against the person” of the child. The respondent desisted before committing the principle offence and in committing the offence of attempted indecent treatment of a child did not make physical contact with the child but the thirteen year old heard the forty six year old respondent’s graphic proposal to procure the child to commit the indecent act permitting the respondent to suck the child’s penis; the child apprehended the proposal knowing something of the respondent’s criminal history for like offences and offences of serious violence; the child understandably became upset. In these circumstances the respondent’s attempt to unlawfully procure the applicant child to commit an indecent act was offence against the child’s personal body and “an offence committed against the person” of the appellant child under s 21 of the Act.”

[10] That interpretation of those words is consistent with the remedial nature of the Act:

 

“To provide compensation to injured victims of crime against the victim’s person.”

[11] Whilst taking into account the actual language of and the meaning open on the words of s 21, they should not be construed narrowly if that would prevent the discharge of the legislative purpose of the Act; Khoury v Government Insurance Officer (NSW) [1984] 165 CLR 622 at 638. The words of that section make it very clear that this offence is an offence against the person of someone and in fact Mr Boustead for the Crown has not challenged that interpretation of the Act. It is clear that the act of threatening to kill Mr Watterson was a threat to be taken seriously and one that would constitute an assault by threat.

[12] He is therefore entitled to compensation under the Act. It is clear from the facts of the matter that he did not contribute to the offence. He did not commit any act on that day to incite the crowd to violence or threats. He remained hidden from the sight of the crowd during the day and the only incitement to the crowd was the fact that he had previously committed offences and been released from custody at the completion of his term of imprisonment. At the time of the offence he was simply endeavouring to move into a house as an invited guest.
[13] The applicant in his affidavit says that he was especially scared of the respondent breaking in because he had seen him on the television and he thought he was the ring leader in all the threats and rock throwing in the house over the two day period that this harassment took place.
[14] The applicant was interviewed by Dr Michael Beech, a psychiatrist on 30 May 2008. Dr Beech has provided a report in relation to this application. Dr Beech notes that in January 2005 the applicant was the first person placed on the Child Protection Offender Register and from that stage he began to experience harassment from the media. He was unable to keep his appointments with Dr Rosevear, his psychiatrist, as the media would stake out the doctor’s room. He was also unable to associate with friends so his support network was curtailed. At that stage he had physical symptoms including feeling generally nervous, headaches, dizziness and palpitations. He would suffer blackouts and his memory would lapse. He had been to Murgon to help his friend move from Ipswich and while he was there a reporter and cameraman came to the house. He chased them away and then the reporter called the police. The police arrived as did neighbours who in effect forced the police into removing him and he was taken back to his Ipswich address where there were media and a crowd outside.
[15] Dr Beech refers to his symptoms as follows:

 

“His physical health remained compromised. He said that his sleep was disturbed by initial insomnia and was broken throughout the night. He had distressing dreams of being accosted and attacked in public. His eating was disturbed and his weight fluctuated. He became fearful of going out in public. He said he was very wary when out of the house. He would only travel to Brisbane during broad daylight for arranged visits. He would go directly to the visit and return straightaway to Miles. When he visited Brisbane, he would change the place where he was due to stay overnight on short notice to avoid detection. He would stay at places where he knew there was good security. This went on for sometime.”

 

[16] The history of Mr Ferguson’s harassment is complicated. On multiple occasions during previous incarcerations he has been attacked by prisoners. Some have been convicted of grievous bodily harm and there have seven incidents of serious assault. He has been knocked out and badly beaten during the attacks. He still has continuing intrusive memories of some of these attacks and they make him anxious. As a result in prison he is anxious and easily startled. He now fears that he will also be attacked in the community as well as in the prison.
[17] There are also events from his childhood which he would not discuss with Mr Beech but they are apparently unsettling memories. Dr Beech saw a report from Dr Rosevear which has not been put before this court but it indicated that he has counselled the applicant on many occasions.
[18] In 2003 a report indicated that he showed signs of Post Traumatic Stress Disorder consistent with the fact that he had been repeatedly bashed and attempts were made on his life in prison. There was also history of child abuse which had not been resolved. In a further report in 2005, Dr Rosevear stated he continued to see Mr Ferguson in relation to his stress. He had phoned him on many occasions because he could not attend due to fear of public harassment. He had considered suicide and he believed that Mr Ferguson displayed evidence of chronic Post Traumatic Stress Disorder.
[19] Dr Beech opines that his chronic Post Traumatic Stress Disorder would likely have arisen from earlier events including prison assaults. He describes anxiety prior to the 2005 incident, avoidance and thoughts of persecution and in 2003 was noted to be nervous, hyper-vigilant and had difficulty concentrating. He said there is also a history of abuse noted by Dr Rosevear and intrusive memories that are highly suggestive of Post Traumatic Stress Disorder that goes back to childhood. He had past episodes of depressed mood with features consistent with either a major depressive episode or an adjustment disorder. He says:

 

“In my opinion, the incident in 2005 is likely to have added to burden of morbidity that Mr Ferguson had already suffered up until that time. The incident was one of many traumatic and frightening events that had occurred in his life. It happened when he was already anxious about previous bashings and feared a conspiracy to harm and prevent his allegations of negligence proceeding. He already feared for his safety. It is likely I believe that his anxiety had been further aroused by the events in Sydney and heightened by the events in Murgon. He had by the time he arrived back in Ipswich become fearful of public harassment.

 

These pre-existing circumstances I believe made him vulnerable to further anxiety and distress when he was threatened in Ipswich. They were further aggravated by his poor eyesight, being covered by a blanket, being accosted by a crowd, and being trapped in a car. To this sense of helplessness was added his belief that the crowd was being incited and that there was no help at hand…

 

I believe however that it has added to his PTSD and exacerbated and expanded it. He described continuing anxiety and recollections of the event. It has now made him more anxious about being in the community generally, more so than before. Prior to his return to custody, his avoidance was increased. It is likely to worsen again if he is released into the community.”

[20] He was unable to quantify the damage done by the 2005 events. More particularly he is unable to quantify the damage done by Watterson.
[21] It is said that the events of 2005 led to the exacerbation of his Post Traumatic Stress Disorder. However, the harassment was occurring on an almost daily basis and not just at the Ipswich address. Even on the day in question the harassment was produced not only by this respondent but by others present including the media. The resultant mental and nervous shock cannot all be placed on the shoulders of this respondent.
[22] In Say & AZ; Ex parte AG 2006 QCA 462, Holmes JA discussed the difficulties in trying to apportion compensation where there was more than one cause. Her Honour stated there at paragraph 23:

 

“Where there is a single state of injury produced by a number of factors, some or all of which warranted a reduction in the award, the court must do its best to make allowance for their contribution although the evidence may not lend itself to any precision. Often a broad brush approach, or the kind adopted by Thomas JA in Sanderson v Kajewski will be necessary. The exercise may be one of discounting, or fixing another percentage on the compensation scale to allow for the role of other factors, rather than necessarily a strict process of apportionment. In that exercise, it is legitimate to consider the nature of the other contributing factors. Given that the Act scheme is to require an offender to compensation his or her victim, it would be reasonable to suppose that contributing causes entirely independent of the respondent will be given considerably more weight than those merely reflecting part of the continuing of offending. Whether there ought to be any discount to reflect the fact that other behaviour of the respondent has contributed to the applicant’s state of injury will depend on all the circumstances, which may include the nature of that behaviour, how closely stipulated it was to the relevant offences and the relationship of victim and offender in which it occurred. The basis on which any reduction or compensation is made must have of course been clearly identified”.

[23] Because an apportionment is impossible to do clearly in this case, a broad brush approach will have to be applied. Whilst one of a crowd, the respondent was at the forefront of the harassment, the one opening the car door and the one making death threats which were clearly audible to the applicant. Further he was later on television reinforcing the nature of those threats and his intention to carry out the threats if given a chance. He was, in effect, the public face of the harassment over the two day period and a person who lived in close proximity to the house in which Ferguson had sought refuge.
[24] Of course, there was also the stress occasioned by the harassment that occurred in Sydney and Murgon with which Mr Watterson was not at all tied.
[25] The applicant clearly suffers from severe Post Traumatic Stress Disorder and would be entitled to an award of 30% of the scheme maximum if this were the only cause of his disorder. However, taking into account the fact that there were many other incidents of harassment and trauma caused to the applicant both before and since these events, that award would have to be discounted considerably.
[26] In my view, the award should be reduced to 3 % of the scheme maximum and I order that the respondent pay the applicant the sum of $2,250 by way of compensation.


[1] S19(1)(a)

[2] s21 of the Act


 

UPDATE-Gerard Baden-Clay will return to court on September 3 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

A MAGISTRATE said he was “flabbergasted” that police would need four to five months to scour Gerard Baden-Clay’s finances – a process set to delay court proceedings.

The Money trail will take months to unravel

Prosecutor Danny Boyle told Magistrate Chris Callaghan they would be unable to give Baden-Clay’s defence team the full brief of evidence because an investigative accountant would need until mid November to analyse bank accounts and insurance policies.

Baden-Clay, 41, who did not appear today, is charged with murdering his wife Allison on April 19 and dumping her body on the banks of a creek.

An earlier court hearing was told Baden-Clay is $1 million in debt and stood to gain about that from his wife’s life insurance and superannuation policies.

Mr Boyle said police were also waiting on computer and phone examinations, as well as post mortem results.

“The post mortem tests are outstanding … the forensics pathologist was away last week and this week until Wednesday,” he said.

A recent court hearing heard police still do not have a cause of death.

Police have so far taken statements from 330 people and still have another 50 to 100 to go.

“The investigative accountant is still to come,” Mr Boyle said.

“The accountant has indicated that it will be mid November.”

Magistrate Callaghan said he was shocked it could take so long.

“You’re joking, aren’t you,” he said.

“I can’t believe for a minute that it’s going to take five months for an accountant to look into the finances of one person.”

Mr Boyle said the records were “voluminous”.

Magistrate Callaghan ordered that the brief of evidence be handed to the defence by no later than August 20, except for the accountant’s statement.

The matter will return to court on September 3 for a committal mention.

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Gerard Baden-Clay-How does the Puzzle look on MOTIVE?


Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…

This high profile case has captured the imagination of everybody it seems. From the day Allison went missing,  the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail

So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.

I think any ONE aspect taken in isolation could be seen to be suspicious.

But as one links all the pieces together they start to paint a much bigger picture.

Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.

Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?

Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.

The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS

MOTIVE

that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

PLEASE KEEP ALL DISCUSSION ON THIS THREAD TO THIS SUBJECT ONLY

I will use my discretion and delete irrelevant comments

MOTIVE thread

OPPORTUNITY thread

MEANS thread

Gerard Baden-Clay-How does the Puzzle look on OPPORTUNITY?


Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…

This high profile case has captured the imagination of everybody it seems. From the day Allison went missing,  the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail

So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.

I think any ONE aspect taken in isolation could be seen to be suspicious.

But as one links all the pieces together they start to paint a much bigger picture.

Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.

Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?

Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.

The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS

OPPORTUNITY

Did Gerard have the opportunity to murder his wife? Could of someone else done it? Was he/she  helped in anyway?

PLEASE KEEP ALL DISCUSSION ON THIS THREAD TO THIS SUBJECT ONLY

I will use my discretion and delete irrelevant comments

MOTIVE thread

OPPORTUNITY thread

MEANS thread


Gerard Baden-Clay-How does the Puzzle look on MEANS?


Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…

This high profile case has captured the imagination of everybody it seems. From the day Allison went missing,  the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail

So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.

I think any ONE aspect taken in isolation could be seen to be suspicious.

But as one links all the pieces together they start to paint a much bigger picture.

Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.

Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?

Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.

The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS

MEANS

If he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken?

PLEASE KEEP ALL DISCUSSION ON THIS THREAD TO THIS SUBJECT ONLY

I will use my discretion and delete irrelevant comments

MOTIVE thread

OPPORTUNITY thread

MEANS thread

Gerard Baden-Clay-How does the Puzzle look?


Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime…

This high profile case has captured the imagination of everybody it seems. From the day Allison went missing,  the suspicious behaviour of her husband, to the search, The discovery of her body, The funeral, The investigation, The media, and Arrest which came from nowhere and then the Bail application, the Bomb Threat, then Bail was denied and now GBC is on remand in Jail

So here we are many months later and what do we have. We obviously have a highly circumstantial case of Murder against Gerard Baden-Clay at the moment.

I think any ONE aspect taken in isolation could be seen to be suspicious.

But as one links all the pieces together they start to paint a much bigger picture.

Means, Motive, and Opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi, which can prove the accused was not able to commit the crime as he or she did not have the correct set of circumstances to commit the crime. Ironically, motive is not an element of many crimes, but proving motive can often make it easier to convince a jury of the elements that must be proved for a conviction. Furthermore, a showing of the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged.

Motive, that being the massive financial debt, the affairs and the promise to leave his wife to his mistress, Toni McHugh.

Opportunity, did Gerard have the opportunity to murder his wife. Could of someone else done it? Was he helped in anyway?

Means, if he did murder her, How did he go about it. How was she killed?, where was she killed?, When did it happen?, Where was she taken? The list goes on.

The pieces of clues to this puzzle are significant and reach wide. We are going to have a go at documenting them right here folks UNDER THE FOLLOWING HEADINGS

MOTIVE thread

OPPORTUNITY thread

MEANS thread

This thread you are reading has comments CLOSED

The RED THREADS above will come online at 6AM Friday 29/06/12

Robbo

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