Gerard Baden-Clay Appeals against Murder Conviction


SLAIN Queensland mother Allison Baden-Clay’s life insurance payout will go to a legal trust while her husband awaits the appeal of his murder conviction.

Today, the Federal Court ordered the sum of Allison’s TAL Life Limited policy — worth more than $412,000 in 2013 — be paid to the trust of solicitors representing her father, the estate’s executor.

It will be held in the trust account pending the final outcome of Gerard Baden-Clay’s pending appeal of his murder conviction.

The life insurance policy was jointly held by Allison, 43, and her husband, Gerard Baden-Clay.

It was one of two that were frozen after Baden-Clay was charged with his wife’s murder in June 2012.

Last August, funds from a Suncorp Life and Superannuation policy that was worth more than $347,000 in 2013 were ordered to be paid to Allison’s father’s representatives.

Allison’s parents, Geoff and Priscilla Dickie, are caring for the couple’s three daughters.

Baden-Clay, 44, tried to claim the insurance shortly after his wife’s body was found on a creek bank at Anstead in Brisbane’s west in April 2012.

After he was charged, the Federal Court became involved and froze the funds pending the outcome of criminal proceedings.

A former real estate agent, Baden-Clay was found guilty last July of murdering his wife at their Brookfield home in Brisbane and dumping her body.

Details of their marital breakdown, financial troubles and Baden-Clay’s infidelities were laid bare during the four-week trial.

Baden-Clay is serving a life sentence and will be eligible for parole in 2027.

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

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

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

(Robbo, owner and operator of aussiecriminals)

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

cop shop

update 20/07/14

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

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

And he was set to be a wealthy one too.

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

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

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


 

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

9 hours ago July 18, 2014

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

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

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

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

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

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

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

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

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

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

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

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

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

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

update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

Lawyers for Gerard Baden-Clay have filed an appeal against his murder conviction.

On Tuesday a Supreme Court jury found the 43-year-old Brisbane man guilty of killing his wife Allison in April 2012.

He was sentenced to life in prison, with a non-parole period of 15 years.

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

He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

“A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

“The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

“The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”


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

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

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

(Robbo, owner and operator of aussiecriminals)

 

Gerard Baden-Clay found GUILTY OF MURDER


update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

Lawyers for Gerard Baden-Clay have filed an appeal against his murder conviction.

On Tuesday a Supreme Court jury found the 43-year-old Brisbane man guilty of killing his wife Allison in April 2012.

He was sentenced to life in prison, with a non-parole period of 15 years.

He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

“A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

“The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

“The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”


 


got him1

A Slide show covering the tragic events that resulted in Gerard being found guilty of Murdering his wife Allison

This slideshow requires JavaScript.

I have included the Allison’s family’s Victim Impact Statements in the GBC MENU or feel free to access each family members page and make a contribution here

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

SENTENCE

Gerard Baden-Clay, on the night of 19 April 2012, you murdered your wife, Allison.

The killing was not premeditated. But it was violent. That night, you were under considerable stress.

Your financial circumstances were, as you confessed to police, dire. Your domestic circumstances were no better.

You had resumed your affair with Toni McHugh. You kept telling her that you loved her.

You led her to understand that you intended to leave Allison and to be with her.

That afternoon, you told Ms McHugh that Allison would be at the conference Ms McHugh was to attend in Brisbane the next day.

Allison knew nothing about the resumption of the affair.

You deceived her into believing that it had ended in September 2011.

If the two women were to meet the next day, the consequences could have been dramatic, as you realised.

Your unsuspecting wife was doing her best to maintain the marriage.

A relationship counsellor had devised a plan. It allowed for Allison to express to you her feelings about the affair in a brief session every second day.

You had agreed, reluctantly, to that.

The first session happened the night before Allison died; and it had turned into an interrogation.

Allison remained tormented by the affair. She pressed you for details. On the night she died, Allison again questioned you about the affair. All the pressures proved too much for you.

The prosecution suggested that you smothered Allison; and that looks likely.

But whatever the mechanism, your violent attack caused her death.

Her fingernails scratched your face – the act of a desperate woman struggling for life.

Those marks are only consistent with your guilt.

Your shameful conduct after murdering Allison bespeaks a profound absence of remorse.

You took her body to Kholo Creek.

There you disposed of her in an undignified way: dumping her over a ledge to leave her lying in mud, exposed to the elements, insects and wildlife.

Then you put in place – and persisted in – a deception plan.

You used a razor to cut yourself near where she had scratched you, trying to disguise the injuries she had inflicted in defending herself.

You drove around the streets of Brookfield pretending to look for her. You have insinuated that mental illness may have led to drug overdose or suicide.

And besmirching Allison’s memory in that way is thoroughly reprehensible.

You have no criminal history. But you are definitely not of good character.

You are given to lies and other deception: so much so that whatever you may say on any application for parole, 15 years or more hence, will need to be assessed with considerable scepticism.

The   community,   acting   through   the   Court,   denounces   your lethal violence.

The impacts on Allison’s family have been grave.

Their victim impact statements poignantly express their pain.

You took a devoted, loving mother from her three girls, blighting their lives.

Pursuant to s.159A of the Penalties and Sentences Act 1992, I declare the

762 days spent in pre-sentence custody from 14 June 2012 until today to be imprisonment already served under the sentence.

The law provides but one penalty for your awful crime. I impose it.

You are sentenced to imprisonment for life.

Baden-Clay defence offered manslaughter

Gerard Baden-Clay’s defence team made an application for the case to proceed as a manslaughter charge due to a lack of evidence showing intent to kill. Nine News

MAJOR YELLOW DAFFODIL  UPDATE 11.53 AM 15/07/14

After more than 22 hours of deliberations the jury has found Gerard Baden-Clay guilty of killing his wife Allison Baden-Clay, the mother of their 3 children.

To the relief of everybody, the jury has seen through his mountain of lies and secrecy, the double life, the excuses and false explanations. Gerard Baden-Clay was the one and only suspect from the very first day and was doggedly investigated by the dedicated QLD Police Service.

How this poor excuse for a human being has manged to fool so many for so long is astounding, but it all came crashing down this afternoon not long after the jury handed in their verdict after they deliberated for over 22h hours.

guilty

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

RESERVED FOR UPDATES AFTER VERDICT ANNOUNCEMENTS

The statement made outside court by a family Representative

Here is Allison Baden-Clay’s family’s full statement courtesy of our friends at the Brisbane Times

“Today, we, Allison’s family and friends, are relieved that we finally have justice for Allison.  The evidence presented at this trial has proven that Gerard Baden-Clay is responsible for the murder of his wife Allison.

It has been a long wait over the last two years, and this result today marks the beginning of our long journey towards healing, and finally allowing us to mourn and grieve for this beautiful woman.

Today is not a win for our family, for it will not bring our beautiful Allison back. However, it is the closure of another chapter in this journey for our family. We have lost Allison and nothing that has happened here will bring her back.  We as a family will grieve her tragic death forever, the memories tarnished by the fact that she was taken from us in such horrific circumstances.

We would like to thank the Queensland Police Service and the CIB officers involved in the investigation, the SES volunteers who searched night and day in all weather, the scientific experts and the Office of the Director of Public Prosecutions who have all worked tirelessly to ensure that we have justice for Allison.  We would also like to thank them for their compassion and support over what has been the darkest of times.

To all of our family and friends that have sat in the court each and every day supporting our beloved Allison, we thank you and hope that you too now find some peace from this result.

Throughout this time, those in the close knit Brookfield community and those in the media and wider public have shown us empathy and compassion for which we are enormously grateful. More so, however, we have appreciated your efforts to protect the privacy of Allison’s daughters.

Our primary concern has always been and remains the emotional and physical well-being of Allison’s three beautiful daughters.  We will help them to rebuild their lives and ask for your support, cooperation and privacy in order to do this.  We have a long way to go ensure that they will cope with a future without their mother.

Allison was a kind-hearted, generous woman, a loving wife and devoted mother whose legacy will continue if we all remember that life is precious and to take the time to be kind, smile at those who pass you by and live for today.

We, her family and friends, didn’t get a chance to say goodbye but Allison will always remain forever in our hearts.

Thank you”

Gerard Baden-Clay given life sentence for murder of wife Allison

Updated 1 minute ago

Former Brisbane real estate agent Gerard Baden-Clay has been given a life sentence after being found guilty of murdering his wife Allison in April 2012.

A Supreme Court jury has convicted the 43-year-old of killing the mother-of-three at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away.

Allison’s family shouted “yes” as the verdict was read out, while security asked for a short break because Baden-Clay was struggling to breathe.

Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15 years.

In a victim impact statement read to the court, Allison’s mother, Priscilla Dickie, said Baden-Clay had “betrayed” her daughter.

“We have all been robbed of Allison’s love,” she said. “The discovery of our darling daughter was absolutely devastating.

“The tragedy of it all is she had so much to offer.”

Allison’s father Geoff Dickie told the court he had been left “devastated by the murder of my precious, gifted and talented daughter”.

It was a case about sex, lies and murder that gripped the city of Brisbane for two years, and the ever-growing queues outside the Supreme Court were a testament to the public’s fascination with the sordid story.

In life, Allison Baden-Clay was a dancer, teacher, successful career woman, devoted wife and mother of three girls.

In death, she became well-known for all the wrong reasons.

Her disappearance in 2012 shocked the tight-knit affluent community of Brookfield. Well-wishers and concerned residents laid flowers at her home, not knowing what else to do.

At the same time, hundreds of police and State Emergency Service (SES) volunteers swung into action, combing surrounding suburbs for any trace of the missing woman.

“Please help us, because there are three beautiful little girls of Allison’s wanting to see their mother,” her father had pleaded.

Her mother urged: “Our lives will never be the same – we must, must find her – she’s so precious.”

Premier vowed resources to find Allison

Queensland Premier Campbell Newman vowed to commit whatever resources were necessary to finding her.

“I’m just very sad for the family and friends. It’s obviously just incredibly distressing,” he said at the time.

Timeline: Baden-Clay murder

However, from the moment Baden-Clay reported his wife missing on April 20, 2012, police knew this was no ordinary missing persons case.

He had told them she went for an early morning walk and never returned home.

But marks on his face alerted police that something more sinister may have happened.

Hours turned into days, and on April 30 a lone kayaker discovered what was later confirmed as Allison’s body on the muddy banks of Kholo Creek at Anstead, about 10 kilometres from the family’s home.

That day, police refused to say whether Baden-Clay was a suspect.

On June 13, however, he was arrested and charged with his wife’s murder.

Flowers and toys decorate a memorial for Allison Baden-Clay near Kholo Creek.

Photo: Flowers and toys decorate a memorial for Allison near the Kholo Creek location where her body was found in Brisbane’s west, June 23, 2014. (AAP: Dan Peled)

Crown case against Baden-Clay circumstantial

By its own admission, the crown’s case against Baden-Clay was a circumstantial one, but the accumulation of evidence was powerful.

A post-mortem examination failed to determine a cause of death due to decomposition, and apart from a chipped tooth and possible bruising, there were no fractures to Allison’s body.

A court photo shows marks on the face of accused murderer Gerard Baden-Clay.

Photo: Marks on the face of Gerard Baden-Clay. (Supplied)

But forensic pathologist Dr Nathan Milne believed Allison did not die from natural causes.

The crown said she died at the hands of her husband, the last person to see her alive.

At the time of her disappearance, Baden-Clay had marks on his face and body that drew the attention of police.

He had excuses for them, though: he had cut himself shaving in a rush; the marks on his neck were where he had crushed a caterpillar that had landed on him while he was watching one of his daughters compete in a cross-country race; and marks on his hand were from a screwdriver that slipped while he was helping renovate a friend’s house, but marks on his chest and shoulder could not be explained by him.

However, three forensic experts testified that marks on Baden-Clay’s face were likely fingernail scratches and Baden-Clay’s claim that they were from a razor was simply implausible.

They said marks on Baden-Clay’s body could also be from scratching, although they were less conclusive.

Then there was the dripping blood found in the boot of Allison’s four-wheel drive. DNA testing confirmed it was Allison’s.

Baden-Clay’s double life

The murder trial exposed a couple living very different lives publicly and in private.

On the face of it, the Baden-Clays were a successful family, running their own prestige real estate company.

But they were in deep financial trouble and Baden-Clay was having trouble paying off loans to friends.

In desperation, he had begged the state Member for Moggill, Dr Bruce Flegg, for a loan of up to $400,000, fearing he would go bankrupt without it.

Baden-Clay was also caught between two women: his wife and lover.

Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

Photo: (L to R) Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh. (Supplied/AAP)

In marriage counselling, Baden-Clay had professed to want a future with Allison, but at the same time was vowing to leave his wife on her birthday for former employee Toni McHugh.

An email trail between Ms McHugh and a secret account set up by Baden-Clay under the name Bruce Overland portrayed a tumultuous affair, and growing frustrations from Ms McHugh about her lover’s unfulfilled promises.

“Well you’ll have to forgive me that I feel disappointed when this happens. I’m sick of hiding,” Ms McHugh wrote on February 20, 2012.

“I’m sick of being second best and having to take the back seat … all so she doesn’t find out.

“Why should I believe things are going to be any different than the past[?]“

Ms McHugh wrote on March 27 she had looked at rental properties.

“It would be so much easier if you did just move in with me,” she said.

“She can get her own place and the week you have the children you move back to the house.”

I’m sick of being second best and having to take the back seat – all so she doesn’t find out.

Toni McHugh in an email to Baden-Clay

 

Baden-Clay wrote on April 3: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”

He also wrote an email on April 11 – referring to Ms McHugh as GG – their names for each other were Gorgeous Girl and Gorgeous Boy.

“This is agony for me too. I love you,” he said.

“I’m sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you. GB.”

Until April 2012, Baden-Clay had been able to keep his two worlds separate, but they were about to collide spectacularly.

On April 20, Allison and Ms McHugh were due to attend the same real estate conference.

In the witness box, Baden-Clay passed off his declarations of love to Ms McHugh as empty promises to appease a volatile, unstable and confrontational woman who was infatuated with him.

He portrayed himself as a philanderer, but no murderer: he had affairs with numerous women, but was never going to leave his wife.

Baden-Clay admitted he deceived Allison, Ms McHugh, his family and friends, and in return for his deception they gave him their loyalty.

“My intention was to end any relationship with Toni McHugh and solidify and continue my relationship with Allison for our future together,” he said in the witness box.

But the crown submitted Baden-Clay and Ms McHugh were very much entwined and his deceptive conduct showed what he was capable of.

Allison’s mental health raised at trial

The jury saw two faces of Allison. The defence painted a picture of a woman plagued by depression and unable to cope with the pressures of life.

They pursued the possibility that Allison could have taken her own life or wandered off into the night to her death.

According to testimony from Baden-Clay’s father, Nigel, and sister Olivia Baden-Walton, Allison was so incapacitated she could not get off the couch.

But her friends and family told a different story: she was a woman who was happy and feeling positive before she disappeared.

A GP, two psychologists and a psychiatrist who had treated Allison all said she was not a suicide risk.

Marriage counsellor Carmel Ritchie, who consulted with the couple just days before her death, also testified that Allison was hopeful for her future and wanting to make her marriage work.

One thing was clear, however: their marriage was in crisis. Allison’s journal revealed a woman tormented by self-doubt.

“I don’t want to be alone,” she wrote.

“I am afraid of being alone and lonely, maybe because I think I can’t handle it. I am afraid of failing – failing in my marriage and what people will think.”

Allison also had lingering questions about her husband’s affair with Ms McHugh. Some were answered, some were not.

Questions like how many times did they go to the movies together? How did they pay for hotels? Where did they have sex in her apartment? Sex in the family car?

“Did she ever say: ‘I feel bad because you’re married?’”

Three daughters left behind

The trial was the first time the public had heard the three Baden-Clay children speak about their mother’s disappearance.

Heartbreaking video recordings of police interviews with the girls, then aged 10, eight and five, taken on the afternoon their mother was reported missing showed their fear, distress and confusion at what was happening around them.

Baden-Clay wiped away tears while watching his daughters sob as they were quizzed by detectives.

Each described being put to bed by their parents. The middle girl remembered her mother singing Away In A Manger to her.

“Dad said mum had gone for a walk,” the eight-year-old said.

The youngest child said: “She was walking for a long time and we think she twisted her ankle.

“I didn’t get to see her at all because I was fast asleep.”

The eldest recalled seeing her mum on the couch watching TV when she got up to get a glass of water.

“Dad was trying to keep calm for us, but I don’t actually know what was going on in his head,” she said.

She saw “scratches” on her dad’s face, but none of the girls heard anything during the night.

The families and supporters of the Baden-Clays have sat through each day of the trial listening to evidence almost too painful to bear.

They are bound by grief, but divided by loyalty.

The guilty verdict gives them an answer – wanted or not.

But one question remains, and only Baden-Clay can really answer how he murdered his wife.

Amidst the murky personal drama are three little girls who lost their mother and will now have to learn to live without their father.

A JURY has found Gerard Baden-Clay guilty of murdering his wife Allison.

The former Brookfield real estate agent, 43, pleaded not guilty in the Supreme Court at Brisbane at the opening of his trial six weeks ago.

A jury of seven men and five women delivered its verdict shortly after 11.50am today after deliberating for 21 hours before reaching a decision.

Justice John Byrne asked the jury to retire to deliberate on Thursday at 11.10am.

Jurors lined up across one side of the court as they were asked by the judge’s associate: “Do you find the defendant Gerard Robert Baden-Clay guilty or not guilty of murder?’’

The family of Allison Baden-Clay, including her parents Geoff and Priscilla Dickie, who are seated in the packed public gallery of court 11, cheered as the jury replied: “Guilty”.

The accused was seated in the dock and stood to talk to his lawyer Peter Shields as the judge discharged the jury and thanked them for their service.

Justice Byrne told the jurors he was grateful for their service.

brisbane times

Gerard Baden-Clay appeal likely: legal expert

Date
July 16, 2014 – 2:29PM
Gerard Baden-Clay's defence team Michael Byrne, QC, and Peter Shields (right).

Gerard Baden-Clay’s defence team Michael Byrne, QC, and Peter Shields (right). Photo: Claudia Baxter

 

Wife killer Gerard Baden-Clay will almost certainly appeal his conviction and sentence, a Queensland criminal law expert says.

Professor Heather Douglas from the University of Queensland says Baden-Clay’s legal team will be poring over transcripts of his 21-day trial to find grounds for an appeal.

Baden-Clay has 30 days to lodge an appeal, or apply for grounds to seek an extension of time to lodge an appeal, following his life sentence on Tuesday for the murder of his wife Allison in 2012.

“There’s a very good chance he will appeal,” Professor Douglas said.

“I haven’t been through the fine grain of the transcript, so it’s very difficult for me to suggest that there are clear-cut unambiguous grounds that are likely to lead to success, but certainly that’s what the defence lawyers will be doing now.

“They’ll be looking at every word and every direction, everything the judge said and everything that was presented in the trial.”

Under Queensland law, there are three avenues of appeal, one being error of law, as in whether the judge has made incorrect directions to the jury.

Another is if it can be shown the jury reached a “dangerous” verdict out of step with the evidence presented.

The third avenue is miscarriage of justice, which can cover a variety of scenarios including whether jurors have been found to undertake their own research outside the courtroom or if any evidence presented was prejudicial against the defendant.

Professor Douglas believes Baden-Clay’s legal team could pursue a miscarriage of justice appeal because one juror had downloaded overseas’ material on jury deliberations.

She said this might be enough grounds for an appeal application, but his lawyers would then need to prove, for the appeal to be upheld, that the juror’s action impacted on the defence’s case.

“No trial’s perfect,” she said.

“It may be possible for Baden-Clay’s defence team to identify errors in the trial or problems in the trial.

“That will get them through to the appeals stage where they can then appeal against the conviction.”

Professor Douglas said she was not familiar with the entire Baden-Clay trial but had been impressed by Justice John Byrne’s handling of the matter.

“Justice Byrne’s a very experienced trial judge … he’s been very conservative in what evidence he’s allowed into the trial,” she said.

“He has excluded some relevant evidence on the basis that it would be too prejudicial in the circumstances. I think he’s been very careful with his management of the evidence.”

 

Gerard Baden-Clay Trial-Day 21-GUILTY MURDER


GERARD BADEN-CLAY HAS BEEN FOUND GUILTY MURDERING HIS WIFE, SENTENCED TO LIFE IN PRISON

I will post the Victim Impact Statements in full as soon as I can

I have included them in the GBC MENU or feel free to access each family members page and make a comment here

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

The gutless cowardly pathetic serial adulterer and excuse of a husband, father, businessman and community member, may each day be long and night lonelier, like Allison, whom you killed and left lifeless to rot in the forest!

DECISION NOW DUE 11.45AM

Verdict due 11.45 am today

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

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

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

(Robbo, owner and operator of aussiecriminals)


Gerard Baden-Clay given life sentence for murder of wife Allison

Updated 1 minute ago

Former Brisbane real estate agent Gerard Baden-Clay has been given a life sentence after being found guilty of murdering his wife Allison in April 2012.

A Supreme Court jury has convicted the 43-year-old of killing the mother-of-three at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away.

Allison’s family shouted “yes” as the verdict was read out, while security asked for a short break because Baden-Clay was struggling to breathe.

Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15 years.

In a victim impact statement read to the court, Allison’s mother, Priscilla Dickie, said Baden-Clay had “betrayed” her daughter.

“We have all been robbed of Allison’s love,” she said. “The discovery of our darling daughter was absolutely devastating.

“The tragedy of it all is she had so much to offer.”

Allison’s father Geoff Dickie told the court he had been left “devastated by the murder of my precious, gifted and talented daughter”.

It was a case about sex, lies and murder that gripped the city of Brisbane for two years, and the ever-growing queues outside the Supreme Court were a testament to the public’s fascination with the sordid story.

In life, Allison Baden-Clay was a dancer, teacher, successful career woman, devoted wife and mother of three girls.

In death, she became well-known for all the wrong reasons.

Her disappearance in 2012 shocked the tight-knit affluent community of Brookfield. Well-wishers and concerned residents laid flowers at her home, not knowing what else to do.

At the same time, hundreds of police and State Emergency Service (SES) volunteers swung into action, combing surrounding suburbs for any trace of the missing woman.

“Please help us, because there are three beautiful little girls of Allison’s wanting to see their mother,” her father had pleaded.

Her mother urged: “Our lives will never be the same – we must, must find her – she’s so precious.”

Premier vowed resources to find Allison

Queensland Premier Campbell Newman vowed to commit whatever resources were necessary to finding her.

“I’m just very sad for the family and friends. It’s obviously just incredibly distressing,” he said at the time.

Timeline: Baden-Clay murder

However, from the moment Baden-Clay reported his wife missing on April 20, 2012, police knew this was no ordinary missing persons case.

He had told them she went for an early morning walk and never returned home.

But marks on his face alerted police that something more sinister may have happened.

Hours turned into days, and on April 30 a lone kayaker discovered what was later confirmed as Allison’s body on the muddy banks of Kholo Creek at Anstead, about 10 kilometres from the family’s home.

That day, police refused to say whether Baden-Clay was a suspect.

On June 13, however, he was arrested and charged with his wife’s murder.

Flowers and toys decorate a memorial for Allison Baden-Clay near Kholo Creek.

Photo: Flowers and toys decorate a memorial for Allison near the Kholo Creek location where her body was found in Brisbane’s west, June 23, 2014. (AAP: Dan Peled)

Crown case against Baden-Clay circumstantial

By its own admission, the crown’s case against Baden-Clay was a circumstantial one, but the accumulation of evidence was powerful.

A post-mortem examination failed to determine a cause of death due to decomposition, and apart from a chipped tooth and possible bruising, there were no fractures to Allison’s body.

A court photo shows marks on the face of accused murderer Gerard Baden-Clay.

Photo: Marks on the face of Gerard Baden-Clay. (Supplied)

But forensic pathologist Dr Nathan Milne believed Allison did not die from natural causes.

The crown said she died at the hands of her husband, the last person to see her alive.

At the time of her disappearance, Baden-Clay had marks on his face and body that drew the attention of police.

He had excuses for them, though: he had cut himself shaving in a rush; the marks on his neck were where he had crushed a caterpillar that had landed on him while he was watching one of his daughters compete in a cross-country race; and marks on his hand were from a screwdriver that slipped while he was helping renovate a friend’s house, but marks on his chest and shoulder could not be explained by him.

However, three forensic experts testified that marks on Baden-Clay’s face were likely fingernail scratches and Baden-Clay’s claim that they were from a razor was simply implausible.

They said marks on Baden-Clay’s body could also be from scratching, although they were less conclusive.

Then there was the dripping blood found in the boot of Allison’s four-wheel drive. DNA testing confirmed it was Allison’s.

Baden-Clay’s double life

The murder trial exposed a couple living very different lives publicly and in private.

On the face of it, the Baden-Clays were a successful family, running their own prestige real estate company.

But they were in deep financial trouble and Baden-Clay was having trouble paying off loans to friends.

In desperation, he had begged the state Member for Moggill, Dr Bruce Flegg, for a loan of up to $400,000, fearing he would go bankrupt without it.

Baden-Clay was also caught between two women: his wife and lover.

Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

Photo: (L to R) Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh. (Supplied/AAP)

 

In marriage counselling, Baden-Clay had professed to want a future with Allison, but at the same time was vowing to leave his wife on her birthday for former employee Toni McHugh.

An email trail between Ms McHugh and a secret account set up by Baden-Clay under the name Bruce Overland portrayed a tumultuous affair, and growing frustrations from Ms McHugh about her lover’s unfulfilled promises.

“Well you’ll have to forgive me that I feel disappointed when this happens. I’m sick of hiding,” Ms McHugh wrote on February 20, 2012.

“I’m sick of being second best and having to take the back seat … all so she doesn’t find out.

“Why should I believe things are going to be any different than the past[?]”

Ms McHugh wrote on March 27 she had looked at rental properties.

“It would be so much easier if you did just move in with me,” she said.

“She can get her own place and the week you have the children you move back to the house.”

I’m sick of being second best and having to take the back seat – all so she doesn’t find out.

Toni McHugh in an email to Baden-Clay

 

Baden-Clay wrote on April 3: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”

He also wrote an email on April 11 – referring to Ms McHugh as GG – their names for each other were Gorgeous Girl and Gorgeous Boy.

“This is agony for me too. I love you,” he said.

“I’m sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you. GB.”

Until April 2012, Baden-Clay had been able to keep his two worlds separate, but they were about to collide spectacularly.

On April 20, Allison and Ms McHugh were due to attend the same real estate conference.

In the witness box, Baden-Clay passed off his declarations of love to Ms McHugh as empty promises to appease a volatile, unstable and confrontational woman who was infatuated with him.

He portrayed himself as a philanderer, but no murderer: he had affairs with numerous women, but was never going to leave his wife.

Baden-Clay admitted he deceived Allison, Ms McHugh, his family and friends, and in return for his deception they gave him their loyalty.

“My intention was to end any relationship with Toni McHugh and solidify and continue my relationship with Allison for our future together,” he said in the witness box.

But the crown submitted Baden-Clay and Ms McHugh were very much entwined and his deceptive conduct showed what he was capable of.

Allison’s mental health raised at trial

The jury saw two faces of Allison. The defence painted a picture of a woman plagued by depression and unable to cope with the pressures of life.

They pursued the possibility that Allison could have taken her own life or wandered off into the night to her death.

According to testimony from Baden-Clay’s father, Nigel, and sister Olivia Baden-Walton, Allison was so incapacitated she could not get off the couch.

But her friends and family told a different story: she was a woman who was happy and feeling positive before she disappeared.

A GP, two psychologists and a psychiatrist who had treated Allison all said she was not a suicide risk.

Marriage counsellor Carmel Ritchie, who consulted with the couple just days before her death, also testified that Allison was hopeful for her future and wanting to make her marriage work.

One thing was clear, however: their marriage was in crisis. Allison’s journal revealed a woman tormented by self-doubt.

“I don’t want to be alone,” she wrote.

“I am afraid of being alone and lonely, maybe because I think I can’t handle it. I am afraid of failing – failing in my marriage and what people will think.”

Allison also had lingering questions about her husband’s affair with Ms McHugh. Some were answered, some were not.

Questions like how many times did they go to the movies together? How did they pay for hotels? Where did they have sex in her apartment? Sex in the family car?

“Did she ever say: ‘I feel bad because you’re married?'”

Three daughters left behind

The trial was the first time the public had heard the three Baden-Clay children speak about their mother’s disappearance.

Heartbreaking video recordings of police interviews with the girls, then aged 10, eight and five, taken on the afternoon their mother was reported missing showed their fear, distress and confusion at what was happening around them.

Baden-Clay wiped away tears while watching his daughters sob as they were quizzed by detectives.

Each described being put to bed by their parents. The middle girl remembered her mother singing Away In A Manger to her.

“Dad said mum had gone for a walk,” the eight-year-old said.

The youngest child said: “She was walking for a long time and we think she twisted her ankle.

“I didn’t get to see her at all because I was fast asleep.”

The eldest recalled seeing her mum on the couch watching TV when she got up to get a glass of water.

“Dad was trying to keep calm for us, but I don’t actually know what was going on in his head,” she said.

She saw “scratches” on her dad’s face, but none of the girls heard anything during the night.

The families and supporters of the Baden-Clays have sat through each day of the trial listening to evidence almost too painful to bear.

They are bound by grief, but divided by loyalty.

The guilty verdict gives them an answer – wanted or not.

But one question remains, and only Baden-Clay can really answer how he murdered his wife.

Amidst the murky personal drama are three little girls who lost their mother and will now have to learn to live without their father.

brisbane times

“content kindly supplied by Brisbane Times” 

Gerard Baden-Clay trial: Three days of deliberations and no verdict yet

July 14, 2014 – 6:31PM

The jury in the Gerard Baden-Clay murder trial are spending their fourth day deliberating a verdict on Tuesday.

The jury considering the fate of accused wife killer Gerard Baden-Clay is yet to reach a verdict after a third day of deliberations.

The seven men and five women of the jury returned to the courtroom briefly on Monday after requesting Justice John Byrne explain the nature of circumstantial evidence for the second time.

One juror sent a note to Justice Byrne requesting “another reading of the process and meaning and application of circumstantial evidence to arrive at a verdict”.

Justice Byrne re-read part of his summing up to the jury relating to circumstantial evidence.

“It is not necessary that facts be proved by direct evidence. They may be proved by circumstantial evidence alone, or by a combination of direct and circumstantial,” he said.

“So you should consider all the evidence, including circumstantial evidence.

“Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference, it must be the only rational inference that could be drawn from the circumstances.

“If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty.”

 

One juror lingered in the courtroom re-reading Justice Byrne’s summation which was displayed on a large screen, as the other jurors rose from their seats to return to the deliberation room.

The jury retired to consider its verdict at 11.10am on Thursday after hearing from 72 witnesses, including Mr Baden-Clay, and watching video recordings of police interviews with the Baden-Clays’ three young daughters.

Their deliberations were interrupted four times last week after it was revealed one juror accessed information on the internet and another juror requested the judge explain how the jury should view alleged lies told by Mr Baden-Clay.

The high-profile murder trial will enter its 21st day when the jury resumes its deliberations on Tuesday.

He has pleaded not guilty.


Remember this?


All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Gerard Baden-Clay Trial-Day 20


My personal view is the jury have not put in the hard yards tonight in my view.They could go up to 8pm…Going home is just more white noise…Focus and do your duty, it takes guts. disappointing

3.15pm Jurors have been deliberating for more than 18 hours. Haven’t heard from them yet today

Update 11.30am Jury has now been deliberating for nearly 15 hours. No verdict yet. stay tuned

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All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

brisbane times

“content kindly supplied by Brisbane Times” 

Gerard Baden-Clay trial: Three days of deliberations and no verdict yet

July 14, 2014 – 6:31PM

The jury in the Gerard Baden-Clay murder trial are spending their third day deliberating a verdict on Monday.

The jury considering the fate of accused wife killer Gerard Baden-Clay is yet to reach a verdict after a third day of deliberations.

The seven men and five women of the jury returned to the courtroom briefly on Monday after requesting Justice John Byrne explain the nature of circumstantial evidence for the second time.

One juror sent a note to Justice Byrne requesting “another reading of the process and meaning and application of circumstantial evidence to arrive at a verdict”.

Justice Byrne re-read part of his summing up to the jury relating to circumstantial evidence.

“It is not necessary that facts be proved by direct evidence. They may be proved by circumstantial evidence alone, or by a combination of direct and circumstantial,” he said.

“So you should consider all the evidence, including circumstantial evidence.

“Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference, it must be the only rational inference that could be drawn from the circumstances.

“If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty.”

One juror lingered in the courtroom re-reading Justice Byrne’s summation which was displayed on a large screen, as the other jurors rose from their seats to return to the deliberation room.

The jury retired to consider its verdict at 11.10am on Thursday after hearing from 72 witnesses, including Mr Baden-Clay, and watching video recordings of police interviews with the Baden-Clays’ three young daughters.

Their deliberations were interrupted four times last week after it was revealed one juror accessed information on the internet and another juror requested the judge explain how the jury should view alleged lies told by Mr Baden-Clay.

The high-profile murder trial will enter its 21st day when the jury resumes its deliberations on Tuesday.

Mr Baden-Clay is accused of killing his wife Allison 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 about 14 kilometres away.

He has pleaded not guilty.

Justice Byrne told the jury for the first time last week it could consider a manslaughter verdict if it finds Mr Baden-Clay not guilty of murder.

To find Mr Baden-Clay guilty of manslaughter the jury does not need to conclude he intended to kill his wife, only that he did so unlawfully.

Mr Baden-Clay faces at least 15 years’ in jail without parole if found guilty of murder, while there is no fixed minimum non-parole period for manslaughter.

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Reserved for day 20 discussion during deliberations

Jurors in the murder trial of Gerard Baden-Clay will return TODAY to continue deliberating after being sent home for the weekend without reaching a verdict.

The jury has now spent just under 12 hours considering a verdict in the trial of the 43-year-old former real estate agent, who has denied killing his wife, Allison, in April 2012.

Her body was found on a creek bank 10 days after she had been reported missing from her home in the Brisbane suburb of Brookfield.

Thurday afternoon, Justice John Byrne had to remind jurors to only consider documents and material presented during the five-week trial, after revelations one of them had downloaded an overseas guide to jury service from the internet.

Justice Byrne scolded them, saying he had given directions three times not to make enquiries outside the courtroom and confiscated the material.

“What was done was wrong. I am, however, grateful it was brought to my attention,” he said.

“You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think,” he said


Remember this?

GBC Trial Day 19.5 (the weekend)


Something to get the chat going for the weekend

 

Baden-Clay murder trial: Large crowds in court evidence of a healthy legal system, top barrister says

11/07/14

Gerard Baden-Clay

The murder trial of Gerard Baden-Clay has seen a ticketing system introduced to prevent overcrowding

The high level of public interest in the Gerard Baden-Clay trial is nothing out of the ordinary, and in fact makes for a healthy legal system, a top barrister says.

The former real estate agent’s murder trial attracted crowds to the Brisbane Supreme Court, with extra courtrooms opened for people who queued day after day to gain entry, and a ticketing system introduced to prevent overcrowding.

The Department of Justice and Attorney-General says these special arrangements for large-scale trials are made to ensure openness and transparency in the justice system.

This transparency is key to keeping Australia’s legal apparatus – everyone from police to barristers and judges – held to account, says Ken Fleming, QC.

Mr Fleming was the defence barrister for former Bundaberg surgeon Jayant Patel and has worked as a United Nations prosecutor on international war crimes trials.

“Everyone should be held accountable for what they’re doing, and the open scrutiny of it is a very important thing,” he said.

“You just can’t have things going on behind closed doors, because that engenders fear of the unknown.”

Mr Fleming says the “whole delivery of justice” depends on high levels of public interest, because people can see and understand the process.

Seeing mystery unravel part of appeal, barrister says

The courts are not, however, in danger of turning into another form of entertainment – rather, they always have been.

“You only have to think about the French Revolution and the guillotining in the forecourt of the Notre Dame,” Mr Fleming said.

Although some people may attend just to see a mystery unravel, he believes many also have a genuine interest in watching the ins and outs of the legal process.

There might be some prurient interest as well, but I think that’s not the major reason people are there.

Ken Fleming, QC

“You only have to look at some of the British television programs to see how we love a good murder mystery,” he said.

“There might be some prurient interest as well, but I think that’s not the major reason people are there.

“They just have a genuine interest in what’s going on.”

Glen Cranny, a defence lawyer and partner at Gilshenan and Luton Lawyers, also believes a high level of public interest is healthy for the criminal justice system generally.

“People might come for any number of reasons, and some might come for mawkish reasons,” he said.

“Nevertheless, I think the benefits of having an open and transparent system … far outweigh any perverse interest some people may get out of such proceedings.”

Public pressure witnesses face may discourage some: lawyer

Publicity and public interest in a case can also encourage other complainants or witnesses to come forward and give evidence, where they may have otherwise been unaware or not confident enough.

Rolf Harris‘s case in England, for example, involved people who were coming forward as complainants once they, I think, had the courage that there were protections and systems in place for their story to be told,” Mr Cranny said.

But this benefit has a flip-side: that very publicity could make people apprehensive about revealing their story.

“I think there is a tipping point where some people might think they could do without their face or name being splashed on TV as a witness, or as a complainant,” Mr Cranny said.

“They would be happy to be involved in the process in a low-key way, but don’t want to be engaged … in anything that might in some way feel like a circus to them.”

Reputational issues should also be factored in, especially when a person’s conduct, while lawful, may not hold them in a good light.

“We’ve seen in a recent high-profile case … a lot of focus on extra-marital affairs and so on,” Mr Cranny said.

“There are people who are involved in those relationships, who haven’t broken the law, but have become very prominent just through their personal lives.”

Mr Fleming says that while public interest could make some people “a bit reluctant”, he had not seen any evidence of public attendance impacting on witnesses.

“It is on display and in a sense it’s theatre,” he said.

“But once people are resigned to the fact that they will be giving evidence, I don’t think too much stands in their way.”

Opening additional courtrooms and keeping the public away from “where the action is happening” also means witnesses are only faced with a very small and confined audience in the main court, Mr Fleming said.

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Gerard Baden-Clay Trial-Day 19


Feel free to join the conversation over at day 19.5, what we call the weekend chat until they resume on Monday, just click here !

UPDATE 4.15PM

update 3pm JURY been deliberating a total of about 10 hours now

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Update 11/07/14 10am Jury has a Question!

Courtesy of our friends the Courier Mail

In response to a note from the jury, Justice Byrne took them through sections of his summing up.

The jury speaker said he was not able to identify the passage the jury wanted more information on, instead referring a question from Justice Byrne to another panel member.

The juror identified the section as being to do with the evidence of Baden-Clay and whether he told lies.

Justice Byrne reread the passage to the jury.

“If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt merely with respect to manslaughter as distinct from also revealing an intention to kill or to cause grievous bodily harm,” he said.

“You may only use the lie about cutting himself shaving – if it is a lie – as tending to prove the element of murder of an intention to kill or to cause grievous bodily harm if, on the whole of the evidence, the accused lied because he realised that the truth of the matter in that respect would show that, in killing his wife, he had intended to kill her or to cause her grievous bodily harm.

“It may be that, even if you were to find that the accused lied about his facial injuries because he realised that the truth would show him to be the killer, still you would not conclude that the lie shows that he realised that her death after scratching him with her fingernails would show that he had killed her intentionally.”

Baden-Clay murder trial: Jury told not to seek outside help as it retires to consider verdict on former Brisbane real estate agent accused of murdering wife

8.30am

The Gerard Baden-Clay murder trial took a dramatic twist yesterday when the judge warned the jury not to seek outside help in their deliberations.

The former Brisbane real estate agent has pleaded not guilty to murdering his wife Allison and dumping her body under the Kholo Creek bridge in April 2012.

The jury was sent out to begin its deliberations after Justice John Byrne finished his summing up.

But after two hours of deliberations the jury came back into the courtroom and it emerged that one of them had downloaded an overseas guide to jury service from the internet.

Justice Byrne sent the jurors back with a warning not to use any outside aids or seek to receive any new information.

“Clearly the direction has not been observed by one [juror],” Justice Byrne said.

“That juror has apparently downloaded from the internet material on how a juror might approach its great responsibility on deliberating on [a] verdict.

“What was done was wrong. I am, however, grateful it was brought to my attention.”

He reiterated that assistance must come from the court only and not an external source.

“You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think,” he said.

The jury returned to its deliberations but was sent home for the day at about 4:00pm and will resume its deliberations on Friday.

Allison’s body was found on the creek bank 10 days after her husband reported her missing from their Brookfield home.

Prosecutors finished summing up their case on Wednesday before the jury was given directions by Justice Byrne.

The seven men and five women were told they were judges of the facts and must carefully consider the weight and quality of evidence against Baden-Clay.

They were told to consider finding the 43-year-old guilty of manslaughter, if they did not find him guilty of murder.

Justice Byrne said the defence case asserted that Allison died from suicide, falling off the Kholo Creek bridge, a drug overdose, or serotonin syndrome, while the prosecution’s case was that Baden-Clay was a liar who killed his wife and dumped her body.

He told the jury to set aside sympathy and prejudice and carefully consider the evidence against Baden-Clay.

The court heard the case against Baden-Clay was a circumstantial one, but direct evidence was not necessary to convict him of murder.

Justice Byrne concluded his address to the jury by reminding them there was no definite cause of death.

He told the court the prosecution had argued Allison had died of unnatural causes, and only the person who killed her knew the method of her death.

Earlier this week, the jury heard closing arguments from both the defence and prosecution.

In his final comments to the jury on Wednesday, crown prosecutor Todd Fuller told them to consider Baden-Clay’s actions on the day his wife disappeared along with the scratches on his face, the leaves in Allison’s hair, and the blood in her car.

Justice Byrne dismissed the three reserve jurors, thanking them for their service and dedication.

Remember this?

Gerard Baden-Clay Trial-Day 18


No news tonight folks

JURY IN THIS TRIAL RETIRED TO CONSIDER VERDICT AT 11.10AM TODAY

Crazy update WTF Juror(s)

Baden-Clay murder trial: Jury told not to seek outside help as it retires to consider verdict on former Brisbane real estate agent accused of murdering wife

1.20pm

The Gerard Baden-Clay murder trial took a dramatic twist today when the judge warned the jury not to seek outside help in their deliberations.

The former Brisbane real estate agent has pleaded not guilty to murdering his wife Allison and dumping her body under the Kholo Creek bridge in April 2012.

The jury was sent out to begin its deliberations today after Justice John Byrne finished his summing up.

But after two hours of deliberations the jury came back into the courtroom and it emerged that one of them had downloaded a document from the internet on how to behave while on a jury.

Justice Byrne sent the jurors back with a warning not to use any outside aids or seek to receive any new information.

“What was done was wrong,” he said. “I am however grateful it was brought to my attention.”

All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Baden-Clay, 43, has pleaded not guilty to murdering his wife Allison at their Brookfield home and to dumping her body 13km away at the Kholo Creek Bridge at Anstead on April 19, 2012.

He asked the jury to retire at 11.10am.

Justice Byrne discharged three reserve jurors who had patiently listened to evidence over the past month. (disappointing for them I am sure!)

He thanked them for their service.

brisbane times

“content kindly supplied by Brisbane Times” 

www.brisbanetimes.com.au

and

brisbanetimes.com.au reporter

10:52am: Justice Byrne has turned his attention to the prosecutor’s closing address.He acknowledged the prosecution case is a circumstantial case.“A circumstantial case, however, can be powerful,” he said.11:10am: Mr Baden-Clay is sitting motionless in the dock as Justice Byrne continues is summing up.His sister Olivia Walton and brother Adam Baden-Clay are seated in the public gallery behind the dock.MrsBaden-Clay’s parents, Priscilla and Geoff Dickie, are seated in the public gallery on the opposite side of the courtroom with Detective Superintendent Mark Ainsworth, who oversaw the police investigation.

11:11am: Justice Byrne has concluded his summing up of the case.His has dismissed the three female reserve jurors.
11:11am: The remaining seven men and five women of the jury have retired to consider their verdict.
11:12am: “I ask you now please to retire to consider your verdict,” Justice Byrne said.11:13am: Court has adjourned.

The wait begins.

11:26am Recap: Justice Byrne’s final instructions to the jury:

“If you find that you need further direction on the case, please send a written message through the Bailiff.

“Likewise, should you wish to be reminded of evidence, let the Bailiff know, and make a note of what you want. In that … the court would recommence. When you return to the courtroom I would provide such further assistance on the law as I can or arrange for the relevant part of the transcript to be found for you and read out, if need be.”

11:31am: Once the jury has reached its verdict it will return to the courtroom where Justice Byrne’s associate will ask:“Have you agreed upon a verdict?”If so, the jurors will reply “Yes”.The associate will then ask: “Do you find the accused Gerard Robert Baden-Clay guilty or not guilty of murder?”The jury’s speaker will then state the verdict.The associate will then ask: “So says your speaker, so say you all?”That is the time-honoured method for inviting the whole of the jury to signify that the verdict announced by the speaker is indeed the unanimous verdict of the jury.If so, the jury will collectively confirm the verdict by saying “Yes”.

11:33am: If the verdict is guilty of murder, no further verdict will be taken.However, if the verdict is not guilty, Justice Byrne’s associate will ask: “How do you find the accused again naming him guilty or not guilty of manslaughter?”The jury’s speaker will answer.The jury will then be asked again to collectively confirm the verdict is unanimous.

12:43pm: Justice Byrne acknowledged the jury had requested for a copy of his summation of the closing addresses from the prosecution and defence counsels.He declined the request and asked the jury to give a written note to the Bailiff requesting for parts, or all, of his summation to be read again in open court.The jury has resumed its deliberations.

1:13pm: The jury has been called back into the courtroom for another direction from Justice Byrne.“There’s been an important matter drawn to my attention,” he said.Justice Byrne said a juror had downloaded material from the internet about how a jury might deliberate its verdict.“I expected that my direction given twice orally and once in writing that you must not inquire outside the courtroom about anything that related to the trial was clear and emphatic,” he said.“What was done was wrong.”

1:16pm: The material downloaded from the internet related to commentary from the United States about the role of a jury.“You scarcely need to know what some overseas commentator speaking about a different system happens to the think,” Justice Byrne said.(seriously pissed off)

—————————————————————————————————-

GBC Collage...He is on trial charged with the Murder of his wife Allison Baden-Clay

GBC Collage…He is on trial charged with the Murder of his wife Allison Baden-Clay

Baden-Clay murder trial: Jury told not to seek outside help as it retires to consider verdict on former Brisbane real estate agent accused of murdering wife

3.15pm

The Gerard Baden-Clay murder trial took a dramatic twist today when the judge warned the jury not to seek outside help in their deliberations.

The former Brisbane real estate agent has pleaded not guilty to murdering his wife Allison and dumping her body under the Kholo Creek bridge in April 2012.

The jury was sent out to begin its deliberations today after Justice John Byrne finished his summing up.

But after two hours of deliberations the jury came back into the courtroom and it emerged that one of them had downloaded an overseas guide to jury service from the internet.

Justice Byrne sent the jurors back with a warning not to use any outside aids or seek to receive any new information.

“What was done was wrong,” he said. “I am however grateful it was brought to my attention.”

Allison’s body was found on the creek bank 10 days after Baden-Clay reported her missing from their Brookfield home.

Prosecutors finished summing up their case yesterday before the jury was given directions by Justice Byrne.

The seven men and five women were told they were judges of the facts and must carefully consider the weight and quality of evidence against Baden-Clay.

They were told to consider finding the 43-year-old guilty of manslaughter, if they did not find him guilty of murder.

Justice Byrne said the defence case asserted that Allison died from suicide, falling off the Kholo Creek bridge, a drug overdose, or serotonin syndrome, while the prosecution’s case was that Baden-Clay was a liar who killed his wife and dumped her body.

He told the jury to set aside sympathy and prejudice and carefully consider the evidence against Baden-Clay.

The court heard the case against Baden-Clay was a circumstantial one, but direct evidence was not necessary to convict him of murder.

Justice Byrne concluded his address to the jury today by reminding them there was no definite cause of death.

He told the court the prosecution had argued Allison had died of unnatural causes, and only the person who killed her knew the method of her death.

Earlier this week, the jury heard closing arguments from both the defence and prosecution.

In his final comments to the jury yesterday, crown prosecutor Todd Fuller told them to consider Baden-Clay’s actions on the day his wife disappeared along with the scratches on his face, the leaves in Allison’s hair, and the blood in her car.

Justice Byrne dismissed the three reserve jurors, thanking them for their service and dedication.

Baden-Clay murder trial: Jury hears closing arguments from prosecution

Updated Wed 9 Jul 2014, 9:14pm AEST

Jurors in the murder trial of accused wife killer Gerard Baden-Clay have been told they have the option of convicting him of manslaughter if they do not think he is guilty of murder.

Prosecutors have finished summing up their case against the former Brisbane real estate agent, who has denied killing his wife Allison in April 2012.

Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

Justice John Byrne has now begun summing up the case for the jurors.

Prosecution wraps up case

In his final comments to the jury, crown prosecutor Todd Fuller today told them to consider Baden-Clay’s actions on the day his wife disappeared along with the scratches on his face, the leaves in Allison’s hair, and the blood in her car.

The trial has heard about Baden-Clay’s infidelities, and Mr Fuller says a conversation between the accused and his mistress Toni McHugh the night before Allison’s disappearance might have put significant pressure on Baden-Clay.

“What was going to happen if Allison Baden-Clay found out [about the affair] for a second time?” Mr Fuller said.

“He tried to live without Toni McHugh and couldn’t do it. He had to have her back in his life.”

He told the jury Baden-Clay may have felt he had no other choice but to kill his wife.

“This was a man who was having to deal with the consequences of his own actions, over a long period,” Mr Fuller said.

“Perhaps he felt he had no other choice. No other choice than to take his wife’s life.

“That’s not to say it was premeditated. But when a decision had to be made, that decision was made.

“And consistent with how he behaved in his relationship up to that time with both of these women, calmly and rationally decided to cover it up.”

Mr Fuller also ran though the actions of Baden-Clay on the morning of his wife’s disappearance.

“Gerard gets up, checks emails, then begins a series of calls and texts to Allison almost straight away. Gerard doesn’t bundle his children in the car and go looking. He calls his parents.

“Within 25 minutes he calls the Indooroopilly police.”

He also said Baden-Clay did not tell police of his concerns regarding Allison’s mental health, “yet in this trial her mental health is amplified out of proportion to justify what Baden-Clay did”.

Judge begins summing up the ‘circumstantial’ case

Justice Byrne began his directions to the jury explaining the legal process and advising them there was no burden on Baden-Clay to establish any fact, let alone his innocence.

“He is presumed to be innocent. The burden rests on the prosecution to prove the guilt of the accused. If you are left with a reasonable doubt about guilt, your duty is to acquit,” Justice Byrne said.

“If you are not left with any such doubt, your duty is to convict.

“This is a circumstantial case. Both direct and circumstantial evidence are to be considered. It is not necessary that facts be proved by direct evidence.

“To bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence it must not only be a reasonable inference, it must be the only reasonable inference.

“You do not have to believe the accused told you the truth before he is entitled to be found not guilty. Baden-Clay’s decision not to provide a formal statement to police is not evidence against him.”

Justice Byrne told the jury that although the indictment charge was murder, they could consider a charge of manslaughter as an alternative.

“Were you to find the accused not guilty of murder, you would consider whether he is guilty or not guilty of manslaughter,” he said.

Justice Byrne also told the jury to consider the difficulty of witness recollections two years after the event, and cautioned about things allegedly said by the deceased.

The jury will have transcripts of witness testimony to take into their deliberations.

Justice Byrne will continue his summing up tomorrow before the jury are expected to begin their deliberations.

 

Gerard Baden-Clay Trial-Day 17


All previous threads and history including trial can be found clicking on link below http://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

ANY EVIDENCE LIKE PHOTOS, VIDEO OR DOCUMENTS THE COURT RELEASES TO THE PUBLIC WILL BE PUBLISHED in the GBC Documents Page

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Crown prosecutor Todd Fuller QC will continue his closing address to the jury today.

10:09am: Court is in session.

Crown prosecutor Todd Fuller QC has turned his attention again to the pressures mounting on Gerard Baden-Clay in the weeks before his wife’s disappearance.

Mr Fuller said Mr Baden-Clay admitted his wife no longer trusted him to marriage counsellor Carmel Ritchie.

“He is there because his wife wants him there. He just wants to get on with his life and wants to wipe the slate clean,” Mr Fuller said.

The Baden-Clays visited Ms Ritchie on Monday, April 16, 2012.

Mrs Baden-Clay disappeared four days later.

10:11am: Mr Fuller said Mr Baden-Clay and his long-time mistress Toni McHugh were still in daily contact in April 2012.

Mr Baden-Clay has claimed Ms McHugh pursued him.

But Mr Fuller pointed to emails Mr Baden-Clay sent to Ms McHugh in April telling her he loved her.

“His responses are completely inconsistent with his claims,” Mr Fuller said.

10:14am: Mr Baden-Clay is seated in the dock wearing a dark suit, yellow tie and glasses.

His sister Olivia Walton and brother Adam Baden-Clay are seated directly behind him in the public gallery.

Mrs Baden-Clay’s parents, Priscilla and Geoff Dickie, are seated on the opposite side of the courtroom with Detective Superintendent Mark Ainsworth who oversaw the police investigation.

10:16am: Earlier, the court heard members of the jury were “approached” on Tuesday.

Justice john Byrne thanked the jurors for bringing the “approach” to his attention and said the Court Sheriff would investigate the matter.

10:23am: Mr Fuller has turned his attention to the phone conversation between Mr Baden-Clay and Ms McHugh on the evening of April 19, 2012.

The pair had a seven minute conversation from 5.03pm and then a 10 minute conversation at 5.15pm.

“Between 5.03pm and about 5.40pm he is taking to Toni McHugh with a couple of interruptions, 30 odd minutes,” Mr Fuller said.

“What sort of things do they talk about? Their days, what they are doing, she knows he’s at the supermarket buying sausages.

“But we know that that’s inflamed once he says, ‘oh there’s something I need to tell you’.”

The court has previously heard Ms McHugh and Mrs Baden-Clay were due to come face-to-face for the first time at a real estate conference the following day.

“He tells you he’s not worried about these two women coming together … but he continues in this conversation to raise it,” Mr Fuller said.

“And even in the words that he uses, ‘two of my employees are going’.

“He doesn’t even have the courage to say straight up that Allison is going to be there tomorrow when he knows that she is going to the conference.”

The court has previously heard Ms McHugh flew into a rage and demanded Mr Baden-Clay tell his wife of the impending run-in.

“You might think that’s a significant pressure on him,” Mr Fuller said.

10:31am: Mr Fuller said Mr Baden-Clay faced having his double life exposed at the run-in between his wife and his love.

“You see he had tried to live without Toni McHugh and he couldn’t do it,” Mr Fuller said.

“When an ultimatum came a second time which choice would he make?”

Mr Fuller said Mr Baden-Clay a choice on April 19. He said Mr Baden-Clay was “either going to be a coward or a fool”, or “the man who makes the decisions in is marriage” and tell his wife of the looming meeting.

“You may think the personal risks to him both professionally and in his own family life were huge,” Mr Fuller said.

He said Mr Baden-Clay’s marriage and circle of friends was at jeopardy, as well as his business.

“You add that to the scratches on his face, the leaves in her hair, the blood in her car,” Mr Fuller said.

10:38am: Mr Fuller said Mr Baden-Clay immediately spoke of his affair when asked about his marriage by police on the morning he reported his wife missing, despite not wanting his family to know.

10:42am: Mr Fuller has examined the first text message Mr Baden-Clay sent his wife on the morning he reported his wife missing.

The text message sent at 6.41am read: “Al, getting concerned. Where are you? The app doesn’t say either? H and S now up. I’m dressed and about to make lunches. Please just text me back or call! Love, G.”

Mr Baden-Clay told police it was not unusual for his wife to take early morning walks.

Mr Fuller noted Mr Baden-Clay did not ask his wife what she would be home from her walk in the text message.

And he noted Mr Baden-Clay made reference to the “Find My Phone” application the couple had installed on their mobile phones.

“Why is that in the text message?” Mr Fuller asked.

10:45am: Mr Fuller said Mr Baden-Clay did not call his wife’s family and friends until 8am.

He called his parents and his close friends first.

10:52am: Mr Fuller has turned his attention to a list of questions in Mrs Baden-Clay’s diary.

The questions relate to Mr Baden-Clay’s affair with Ms McHugh.

“These were rudimentary questions. How many times did you go to the movies? What did you see? Did you kiss and hug?” Mr Fuller said.

Mr Baden-Clay has claimed he and his wife discussed those questions on the night of Wednesday April 18, 2012.

“These questions and the answers that he gave were asked on the 19th, you might think,” Mr Fuller told the jury.

He said Mr Baden-Clay had made passing reference to having a 15 minute conversation on the night of the 19th with his wife in two interviews with police.

The couple had been advised by marriage counsellor Carmel Ritchie to sit for 15 minutes each night to allow Mrs Baden-Clay to air her feelings about the affair.

10:57am: Mr Fuller said Mr Baden-Clay did not call his wife’s parents until 9.51am on the morning she disappeared.

He did not call his wife’s best friend Kerri-Anne Walker until 9.58am.

Mrs Baden-Clay had been missing for three hours by that time.

10:57am: Court has adjourned for a morning tea break and will resume at 11.15am.

11:17am: Court has resumed and Crown prosecutor Todd Fuller has continued his closing address to the jury.

Mr Fuller said Mr Baden-Clay failed to tell police he had argued with his long-time mistress Toni McHugh on the night he last saw his wife.

11:18am: Mr Fuller said he also failed to tell police he contacted Ms McHugh the day after reporting his wife missing.

“This time he tells her he loves her,” Mr Fuller said.

“The man who tells you he tried to break up with her so many times …

“He had throughout his relationship with her manipulated her, you might think.”

11:23am: Mr Fuller said Mr Baden-Clay was a man concerned only for himself.

“It’s all about him, his life, his business, his needs,” he said.

11:26am: Mr Fuller said Mr Baden-Clay was at risk of being exposed a serial adulterer and a failed businessman on the night his wife disappeared.

“The way he was finally exposed in this trial,” Mr Fuller said.

“So you can see what he had to lose ladies and gentleman.

“It wasn’t about the pressures on her, her mental health, her drug use, her wondering off in the middle of the night completely inexplicably.

“This was a man having to deal with the consequences of his own actions, actions over a long period of time.

“Perhaps he felt he had no other choice, no other choice but to take his wife’s life?

“When a decision had to be made, that decision was made.”

11:29am: “Is it highly unusual for him to kill his wife? The Crown says it isn’t because that’s what he did,” Mr Fuller said.

Of the alleged struggle between Mr Baden-Clay and his wife on the night of April 19, 2012, Mr Fuller said: “It was personal, it was close, it was violent.”

11:30am: “He wanted to wipe the slate clean,” Mr Fuller said.

With those words, the prosecution rests.

11:34am: Justice John Byrne has begun his summing up of the case for the jury.

He will direct them on their duties and explain the nature of evidence in a criminal trial and the notion of reasonable doubt.

11:38am: Justice Byrne has advised the jury to decide the case “exclusively upon the evidence”.

“If, outside this courtroom, you have herd or read, or otherwise become aware of information about the events with which this trial is concerned or about the accused, it is of critical importance that you put any such information completely out of your minds,” he said.

“Have regard only to the testimony, the exhibits, and the admissions made here in this courtroom since the trial began.

“Ensure that no external influence plays part in your deliberations.”

11:52am: “In order to convict, you must be satisfied, beyond reasonable doubt, of the elements that made of the offence charged,” Justice Byrne said“As no one claims to have seen the accused kill his wife, this is a circumstantial case.”Circumstantial evidence is evidence of circumstances that can be relied upon not as proving a fact directly but instead pointing it its existence …”It is not necessary that facts be proved by direct evidence.”

11:54am: “To bring in a verdict of guilty … guilt should not only be a rational inference, it must be the only rational inference that could be drawn from the circumstances,” Justice Byrne said.

 

12:16pm: Justice Byrne has explained how the jury may convict Gerard Baden-Clay of murder.

“Before you convict the accused of murder, you must be satisfied, beyond reasonable doubt of two distinct matters:

* That he caused the death of his wife; and

* That he did so with an intention to kill her or at least to cause her some grevious bodily harm.

“Neither the prosecution nor the defence contend for manslaughter.”

12:38pm: Justice Byrne has recounted the evidence of forensic pathologist Dr Nathan Milne who conducted a post-mortem examination of Mrs Baden-Clay’s body.He has reminded the jury Dr Milne could not determine a cause of Mrs Baden-Clay’s death.
12:39pm: Mr Baden-Clay is seated in the dock with his hands folded in his lap.He has shown no emotion.
1:00pm: Court has adjourned for lunch and will resume at 2.30pm when Justice John Byrne will continue his summing up for the jury, revisiting the evidence presented by each witness in the trial.

2:32pm: Court has resumed.

Justice John Byrne has turned his attention to the issue of Mrs Baden-Clay’s history of depression.

2:48pm: Justice Byrne has reviewed the evidence of defence witness forensic psychiatrist Dr Mark Schramm who spoke of the nature of depression and suicide.Dr Schramm said Mrs Baden-Clay may have been on the verge of relapse into her depression, but could not say if she was “actively depressed” at the time of her disappearance.Justice Byrne has also pointed to the evidence of Relationships Australia counsellor Carmel Ritchie who saw Mr and Mrs Baden-Clay on Monday, April 16, 2012.

She recalled Mr Baden-Clay saying: “I want to build a future together, not regressing. I want to get on with life and wipe it clean.”

The prosecutor used those same words to finish his closing address to the jury earlier today.

2:53pm: There was a commotion in the courtroom when a juror’s chair broke during Justice Byrne’s summing up.A replacement chair was quickly found by the bailiff and Justice John Byrne continued with his address.

3:02pm Recap: Earlier, Justice Byrne told the jury it could consider the lessor charge of manslaughter.“You may wish to consider first murder, which is the more serious [charge],” he said.”If you find the accused guilty of murder, you do not need to consider manslaughter.

“But if you find the accused not guilty of murder, then consider the alternative of manslaughter.”

3:03pm: Justice Byrne has recounted the evidence heard at the trial about the blood stain found in the boot of Mrs Baden-Clay’s Holden Captiva.The blood, he said, was matched to Mrs Baden-Clay’s DNA.

Allison Baden-Clay's car when it was examined by forensic experts.

Allison Baden-Clay’s car when it was examined by forensic experts. Photo: Court Exhibit

3:14pm: Justice Byrne has turned his attention to the injuries which appeared on Mr Baden-Clay’s face on the morning he reported his wife missing.He has recalled the evidence from the forensic experts who testified about the scratches at the trial.* Dr Margaret Stark, a specialist forensic physician, said the “yellowy” injuries on Mr Baden-Clay’s face were “typical of fingernail scratches”.

* Dr Robert Hoskins said the “browny, raggedy-edged” abrasions were “characteristic of fingernail scratches”. In the opinion of Dr Hoskins it was “extremely implausible” that those injuries were caused by Mr Baden-Clay’s razor blade, as he claimed.

Like Dr Stark, Dr Hoskins also found the fingernails on Mrs Baden-Clay’s left hand could have caused the scratches on her husband’s face.

* Forensic medical examiner Dr Leslie Griffiths said the injuries on Mr Baden-Clay’s face resembled “abrasions”, not “cuts or nicks” that a razor blade might cause.

* Forensic physician Professor David Wells, who assessed photographs of the scratches on Mr Baden-Clay’s face said, “I can’t see how a razor blade from that type of razor … could produce that pattern of injuries.

3:22pm: Justice Byrne has turned his attention to the issue of “lies” and the prosecutions allegations that the Mr Baden-Clay lied about how he sustained the scratches on his face.“It would be wrong to approach the case on the basis that, if the accused told lies, he must have killed his wife,” he said.”If you find that what the accused said about injuring himself while shaving was false, still there is more for you to consider.

“Sometimes, where there appears to be a departure from the truth, it may not be possible to say that a deliberate lie has been told …

“If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt.”

3:23pm: Court has been adjourned for a 10 minute break.

3:40pm: Court has resumed.

Justice Byrne has turned his attention to the notion of intent.

“You cannot use his disposal of her body – if that is what he did – as supplying proof of an intention to kill his wife,” he said.

“Before you may use the accused’s conduct as tending to prove an implied admission of either element, you must first be satisfied that the conduct is not explicable on some other, unrelated basis.”

3:47pm: Justice Byrne has turned to Mr Baden-Clay’s evidence.

Mr Baden-Clay stepped into the witness box on the 11th day of the trial.

He denied killing his wife and maintained that the injuries on his face were shaving cuts, not fingernail scratches inflicted by his wife.

3:54pm: Mr Baden-Clay is sitting motionless in the dock as Justice Byrne continues his summing up.

Homicide detectives, including Superintendent Mark Ainsworth, remain in the front row of the public gallery.

4:16pm: Justice Byrne has reached the final page of his summing up to the jury.

4:20pm: Justice Byrne has concluded his summing up of the evidence presented at the trial, apologising to the jury for any repetition.

He said he would summarise the closing addresses of the prosecution and defence from 10am tomorrow.

Court has adjourned.

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Gerard Baden-Clay murder trial: Prosecutor tells jury of ‘close-up violence’ between couple before wife’s death

The prosecution in the Gerard Baden-Clay murder trial has described a violent struggle during which Allison Baden-Clay left scratches on her husband’s face as she fought for her life.

Prosecutor Todd Fuller told the Supreme Court jury in Brisbane there was “close-up violence” and “there was a struggle and she left her mark on him”.

He was referring to scratches, seen on Baden-Clay’s face in photographs shown to the jury, which the accused had described as shaving cuts.

But the prosecutor said the scratches were typical of fingernail injuries. They were “damning and linking to the act of violence,” he said.

Mr Fuller said the scratches suggested “someone striking out in the only fashion they could” against Baden-Clay.

He said Allison “was overpowered quickly and unable to resist”.

“While he inflicted upon her injuries that caused her death, the lack of injuries to him speaks as much of the nature of the violence used on her as the scratch on the face,” he said.

“It was efficient and effective. What can be in the mind of the person who’s carrying that act out, other than the intended outcome?”

Mr Fuller made his remarks as the prosecution summed up its case against the former real estate agent, who is accused of murdering his wife and dumping her body under a bridge in April 2012.

Baden-Clay has pleaded not guilty.

Mr Fuller said Baden-Clay’s multiple infidelities proved he had the “bravado and confidence” to try to get away with killing his wife.

He said the affairs with more than one colleague showed “the level of deception, it shows you what this man is capable of doing, his level of bravado and confidence in what he can carry out and carry off”.

Allison had tried to share her husband’s passions and energy and he had repaid her by telling staff that he still loved another woman, Mr Fuller said.

The prosecutor said it was very unlikely Allison walked from her home in Brookfield 13 kilometres to where her body was found at Kholo Creek bridge.

“You can safely assume her body was dumped where it was found, 13 kilometres from her home,” Mr Fuller said.

“She did not fall or jump down there, she was thrown down there.”

The prosecutor said six types of leaves found in Allison’s hair were also found at her home and the only rational conclusion was that her head came into contact with the leaves at her house, perhaps during a struggle while she was unconscious and she was dragged.

Mr Fuller also highlighted blood found in one of the family cars, describing it as a piece of circumstantial evidence that points to violence.

The prosecutor said the strength of the circumstantial case lay in the accumulation of objective facts.

“These facts lead to an inevitable conclusion,” he said.

“The crown says the killing was this man’s reaction to a particular set of circumstances … over time. A set of circumstances which with respect were of his own making.”

The prosecutor’s submissions will be followed by a summation by Justice John Byrne, before the jury retires to consider its verdict.

Earlier, defence lawyer Michael Byrne finished his closing statement to jurors, saying Baden-Clay was not the sort of person who would kill his wife in cold blood.

“He is not the sort of person who would cold-bloodedly kill his wife, nor would he explode in a rage of temper,” Mr Byrne said.

Mr Byrne told the court the cause of Allison’s death could not be determined, leaving open the possibilities she could have drowned, fallen or jumped from a height, or died from alcohol or anti-depressant poisoning.

He said there was a lack of evidence in the prosecution’s case.

“If you are left with a reasonable doubt, it is your duty to acquit,” Mr Byrne said.

 

 

 

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