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

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)

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?

About these ads

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.

Sex abuse royal commission: Prosecutor defends using question of 12-year-old’s breasts in legal advice in Scott Volkers case


Updated 10 hours 41 minutes ago

A senior NSW prosecutor has defended using the question of whether 12-year-old girls have breasts to back up her finding that there was little chance former Olympic swimming coach Scott Volkers would be convicted of sex abuse charges.

In 2002 Volkers was charged with a range of sexual abuse offences relating to three young female swimmers – Julie Gilbert, Kylie Rogers and Simone Boyce – but those charges were later dropped.

A royal commission into child sex abuse is currently examining how sports bodies and top prosecutors handled the allegations.

Queensland Police reopened the case against Mr Volkers in December 2002.

In December 2003, Queensland‘s Director of Public Prosecutions (DPP) sought the advice of the NSW DPP as to whether the new brief of evidence supporting the allegations had reasonable prospects of conviction.

The NSW DPP, Nicholas Cowdery QC, tasked deputy senior crown prosecutor Margaret Cunneen SC with preparing the advice.

In her advice, Ms Cunneen questioned whether the charges against Mr Volkers had a reasonable chance of success because it was legitimate to ask – following Ms Gilbert’s assertions that Mr Volkers had massaged her breasts – whether 12-year-old swimmers even had breasts.

At the royal commission on Thursday, Ms Cunneen said that was still a valid question for a jury to consider.

“If a defence counsel could raise a doubt that there was any palpable breast tissue, through the clothing of course, then we’d be in trouble trying to say that she had breasts,” she said.

On Tuesday, Ms Gilbert told the ABC’s 7.30 program Ms Cunneen’s questions regarding her allegations were deeply hurtful.

Advice based on whether jury would accept evidence: Cunneen

The counsel assisting the commission, Gail Furness SC, also asked Ms Cunneen whether it was fair to say she does not resile from her original advice to the Queensland DPP regarding any conviction being unlikely.

“I take it from the terms of [your] statement Ms Cunneen that you don’t resile in any way from the advice you gave in 2004 in relation to Mr Volkers?” she said.

Ms Cunneen answered that she stands by the advice.

Scott Volkers

“Bearing in mind it was 2004 and that maybe [there are] some considerations in relation to juries being more amenable in 2014,” she said.

“We were probably only two-thirds of the way through the evolution, in terms of public knowledge and acceptance of child sexual assault cases then.

“But no, I don’t resile from the advice at all.”

She told the commission the credibility of the three alleged abuse victims was not in question, rather she was questioning whether a jury would accept their evidence.

“Sexual assaults are harder to prove than murders and robberies because it so often comes down to one word against another,” she said.

“The judge would tell [the jury] ‘probably is not enough, the gravest suspicion is not enough, you have to be satisfied beyond reasonable doubt that that happened’.”

Volkers was exempt from holding blue card: inquiry

Earlier, the commission heard Mr Volkers was exempt from holding a blue card in Queensland, despite the fact his application was rejected.

He applied for the blue card – which is needed for working with children – along with about 60 other employees from the Queensland Academy of Sport in mid-2008.

The royal commission heard Mr Volkers’ application was the only one to be issued with a negative notice and his application for a blue card was rejected.

The director of Queensland’s blue card system, Michelle Miller, told the inquiry the recommendation to reject Mr Volkers’ application was handed down before it was decided he was exempt from the requirement to hold a blue card because he was a government employee.

On Wednesday, Swimming Queensland chief executive Kevin Hasemann agreed to review Mr Volkers’ status as a life member of the organisation and a Hall of Famer.

Mr Hasemann admitted to the commission he did not investigate the allegations against Mr Volkers before employing him.

The hearing continues.

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.

 

Follow

Get every new post delivered to your Inbox.

Join 893 other followers

%d bloggers like this: