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.

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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” 

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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

brisbane times

“content kindly supplied by Brisbane Times” 

www.brisbanetimes.com.au

and

brisbanetimes.com.au reporter

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.

 

 

 

Gerard Baden-Clay Trial-Day 16


This is what these last days are about.Who is telling the truth, the facts, the most likely scenarios? WE need to apply this to everything we have heard

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Defence counsel Michael Byrne’s submissions will be followed by prosecutor Todd Fuller and Justice John Byrne, who will sum up the case before the jury retires to consider its verdict.

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

IT is day 16 of the trial of former Brookfield real estate agent Gerard Baden-Clay, 43, who stands accused of murdering his wife Allison Baden-Clay, 43, on April 19, 2012.

Baden-Clay has pleaded not guilty in the Supreme Court in Brisbane.

9:45am: The 16th day of the trial is about to resume in Court 11.

Gerard Baden-Clay’s defence barrister Michael Byrne QC will end his closing address to the jury, before Crown prosecutor Todd Fuller QC begins his final address today.

* Mr Byrne said there are too many gaps in the Crown‘s circumstantial case against his client. He pointed to the lack of forensic evidence linking Mr Baden-Clay to the crime scene at Kholo Creek where his wife’s body was found. He also pointed to the lack of blood in the house and car port.

* Mr Byrne conceded Mr Baden-Clay had been a serial adulterer during his marriage but said his infidelity did not amount to evidence in the case against him.

* The defence again pointed to Mrs Baden-Clay’s history with depression to suggest she stepped out for a walk in the early hours of the morning of April 20, 2012, to “clear her head” and “at some time and for some reason” ended up in the river.

9:55am: The trial will again be broadcast into two other courtrooms, such is the high level of public interest in the case.The proceedings will be broadcast into the Banco Court which seats 147 people.

10:12am: Mr Byrne has resumed his closing address to the jury.

He displayed two PowerPoint slides to the court.

The first read: “Gerard Baden-Clay is presumed to be innocent. He may be convicted only if the prosecution establishes that he is guilty of the offence charged.”

The second read: “If you are left with a reasonable doubt about guilty, your duty is to acquit: that is, to find Gerard Baden-Clay not guilty.”

10:15am: Mr Byrne said Mr Baden-Clay was not the sort of man to kill his wife and mother of his children in “cold blood” and was not the type to “explode in anger”.He said his client was of good character despite his previous infidelity.
10:19am: Mr Baden-Clay is seated in the dock wearing a dark suit and tie and glasses.His sister Olivia Walton and brother Adam Baden-Clay are seated in the front row of the public gallery directly behind the dock.Allison Baden-Clay’s family and friends are seated on the opposite side of the public gallery with homicide detectives involved in the case.
10:24am: Mr Byrne has reminded the jury, again, to ignore what he has described as “sensationalist media coverage” of the trial.“Your task and indeed your duty, your sworn duty, is to ignore all that,” he said.”You’re not here to deliver a verdict based on what the media would like you to do …”Your duty is to return a true verdict according to the evidence and that is a simple proposition.”
10:27am: “Once you have dispassionately, objectively assessed the evidence – the whole of the evidence – you would not and you could not find Gerard Baden-Clay guilty of the murder of his wife,” Mr Byrne said.“There is no cause of death, there’s no motive that stands to scrutiny, there’s no realistic means of him doing the things the prosecution says were done by him as part of a scenario.”Mr Byrne said the Crown could not establish how Mr Baden-Clay violently killed his wife in a house with three young children, or how he transported the bodytoKholo Creek without leaving a trial.”The verdict on that evidence should be one of not guilty,” he said.”Thank you for your attention.”

10:28am: The defence rests.

10:28am: Prosecutor Todd Fuller QC has begun his closing address to the jury.The prosecution was effectively afforded the final say in the trial because Mr Baden-Clay decided to step into the witness box to adduce evidence.
10:31am: “Human behaviour is sometimes inexplicable,” Mr Fuller said.He said the Baden-Clays lived a facade.To the outside world, they were a happily married couple.In reality, both Mr and Mrs Baden-Clay were desperately unhappy.Mr Baden-Clay was embroiled in multiple affairs with different women throughout his marriage.

“He had an affair with a women in the office where his father worked,” Mr Fuller said.

“That shows you the level of deception. That shows you the level of bravado.

“He presented a number of faces to a number of different people, right up until his evidence in this trial.”

10:34am: Mr Fuller said Mr Baden-Clay reacted to the pressures in his life on the night of April 19, 2012.“What’s building on this man here? What’s changing in his life in the period we’re talking about here?” he asked.Mr Fuller said Mr Baden-Clay’s actions were a “reaction to a particular set of circumstances that accumulated over time, a set of circumstances that were in fact his own making”.
10:35am: Mr Fuller is standing away from the bar table and is pacing back and forth as he directly addresses the jury.
10:37am: Mr Fuller has turned his attention to the nature of the circumstantial case against Mr Baden-Clay.“It’s like a television picture,” he said.If you stand close to a television screen, you see a series of small dots, Mr Fuller said.”Step back and you see the full picture,” he said.
10:43am: Mr Fuller said the defence theory, once placed in context, could not be substantiated.“You’ve been led astray,” he said.
10:45am: The jury has taken its first 10 minute break for the morning.
10:56am Recap: Here is an excerpt of Mr Fuller’s closing address to the jury:

“Human behaviour … is sometimes inexplicable against the background of the rest of [a person's] life, because of the pressures or circumstances that people find themselves in.

“It’s not unknown for a person of previous apparent good character to step outside that character and do something that perhaps they never contemplated doing before.

“My friend has spoken about possibilities, opportunities, they happen everyday in our lives.

“We’re programmed from the way that we view the world to have expectations about how somebody should behave.

“But that’s one of the reasons why you’re here. Through your experience of people, of relationships, of behaviours, you see people step outside their characters.

“You have appreciation of how people under pressures sometimes react, because a criminal trial is not a computer program ladies and gentlemen. It’s not about us putting all of the data in, putting it through some algorithm and checking out the result at the end. And the simple reason for that – because it involves people.

“You’re participating in a process to determine if this man here has killed his wife.

“That is, that he unlawfully killed her without a justification, excuse … or authorisation … and that he did it with an intention.”

11:00am: The jury has returned and Mr Fuller has resumed his closing address.He has asked the jury to consider the evidence from the eyes of Mr Baden-Clay.
11:04am: “What does Allison tell us in death?” Mr Fuller asked.“Let’s start with where her body was found. You can safely conclude, in my submission, is that her body was dumped where it was found by [kayaker] Mr Joyce.”It’s over 13 kilometres from her home. It’s a 13 to 20 minutes drive. you would think it would take a considerable time to walk that distance.”Both of the Baden-Clay cars are at home, so she either had to walk there or be taken there by someone else.”Mr Fuller noted Mrs Baden-Clay was a reluctant exerciser and would avoid steep hills on her morning walks. He said it was unlikely the mother-of-three would walk 13 kilometres from her home on the morning she was due to meet a colleague at 8am to attend a real estate conference.

11:07am: Mr Fuller has turned his attention to the are surrounding Kholo Creek.“It’s a remote location,” he said.”There is room to stop a vehicle. It doesn’t need to be on the roadway.”
11:09am: “Would it be less obvious if you’re [parked] in a dark Captiva rather than a white Prado with damage to the front and personalised number plates?” Mr Fuller said.The prosecution has alleged Mr Baden-Clay put his wife’s body in the boot of hersilverHoldenCaptiva anddrovetoKholo Creek where he dumped her body.

Allison Baden-Clay's car.

Allison Baden-Clay’s car. Photo: Court Exhibit

11:14am: Mr Fuller said the banks around Kholo Creek may have been dry on the evening of April 19, 2012.He said the catchment area did not receive heavy rain until April 27, 2012, only three daysbeforeMrsBaden-Clay’s body was discovered.”Where’s the mud that’s going to be there on the 19th or the morning of the 20th?” Mr Fuller asked.The defence pointed to a lack of mud or grass in the HoldenCaptiva that Mr Baden-Clay might have traipsed back into the car after allegedly dumping his wife’s body to connect the real estate agent to the crime scene.”Don’t be distracted by the mud,” Mr Fuller said.

Under the Kholo Creek bridge.

Under the Kholo Creek bridge. Photo: Court Exhibit

11:21am: Mr Fuller said Mrs Baden-Clay’s body was dragged part way down the embankment of the creek to a concrete pylon beneath the bridge on Mt Crosby Road.

He said her body was pushed from the concrete ledge.

“Her body was pushed off the ledge and her body fell to where she was,” he said.

“And that’s the position in which she remained …

“She did not end up jumping off there, or falling off there, she was thrown down there.”

11:27am: Mr Fuller said there was little evidence to suggest Mrs Baden-Clay intentionally jumped from the Kholo Creek bridge.“You will safely conclude she was not suicidal or in some drug-induced delirium,” he said.Mr Fuller said Mrs Baden-Clay would have sustained substantial injuries if she had jumped.”There are none,” he said.He said forensic pathologist Dr Nathan Milne conceded Mrs Baden-Clay may have escape significant injury if she fell into a “depth of water”.

“Well ladies and gentlemen, the only way she could have fallen into a depth of water and ended up there, was if she was washed up on the bank,” Mr Fuller said, showing the court a photograph of Mrs Baden-Clay’s body on the muddy creek bank.

“She has not fallen from the bridge to end up in that position unless the water has carried her.”

But Mr Fuller said Dr Milne did not believe Mrs Baden-Clay’s body had been immersed in water.

Dr Milne conducted a post-mortem examination on Mrs Baden-Clay.

11:34am: Mr Fuller said time-lapse video prepared by the defence showing the rising and falling tides in Kholo Creek made it seem as though debris floated quickly through the water.There was in fact six hours between high and low tides, he said.
11:37am: Mr Fuller said it did not matter whether Mrs Baden-Clay’s body had been wet by the rising and falling tides if the defence theory was to be substantiated.“There needs to be a body of water sufficient to float her body up onto the plateau,” he said.The defence has suggested Mrs Baden-Clay’s was washed up onto a muddy creek bank after she took her own life from Kholo Creek bridge.
11:40am: Mr Baden-Clay is leaning back in his chair in the dock, writing notes on a pad of paper, as Mr Fuller displays crime scene photographs of his wife’s body to the courtroom.
11:44am: The court has adjourned for a 15 minute morning tea break.
12:07pm Recap: Here is another excerpt from Mr Fuller’s closing address …

“On the surface to so many of these witnesses the Baden-Clays seemed like a perfect couple … ” Mr Fuller said.

“But it was just a facade.

“A facade which had been carried on for a long period of time.

“You might think that inwardly they were very different. Two desperately unhappy people for different reasons. One of them, a woman who had battled for years, for years, to keep her marriage together, despite being told perhaps the cruelest thing that a wife can ever hear from a husband, ‘I don’t love you’.

“And a man, who you might think, was just looking for a way out, living a double life.

“My friend can quite easily say, ‘well the deception was really only the infidelity’. But was it?

“It is not the deception … every day for the three years that Toni McHugh was with him in the office, when he went home for ‘happy hour’ to spend some time with his wife and children, to help Allison through that part of the day, to simply then slink back to be with Toni McHugh at night.

“To conduct an affair in an office where his father was working. And not for the first time. Let’s go back to Michelle Hammond – the woman who worked at the agency next door. Not only his father worked with him at that time, but his mother. That shows you 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 on. He simply presented a number of faces to a number of different people, right up until this evidence in this trial …

“He cried when he told you about the first time he realised he was in love with Allison Baden-Clay, but just think about his reaction when I asked, ‘when was the first time that you told her that you no longer loved her?’

“The Crown says that those roles contributed to the pressures that were building on him and culminated in his acts on the 19th and the early hours of the 20th of April 2012.”

12:09pm: “The key to the trial is in fact what’s building on this man here. What’s changing in his life over the period of time that we’ve looked at? What pressure have been brought to bear by his wife, by Toni McHugh and by the drama he was having in his business,” Mr Fuller said.“The Crown says the killing was this man’s reaction to a particular set of circumstances that accumulated over time, a set of circumstances which, with respect, were of his own making.”

12:10pm: Court has resumed and Mr Fuller has continued his closing address.

12:12pm: Mr Fuller asked the jury: “Do you know someone who’s good at covering their tracks?”

12:23pm: Mr Fuller reminded the jury two forensic toxicologists said it was unlikely Mrs Baden-Clay was adversely affected by the antidepressant drug Sertraline, sold as Zoloft.

Even forensic toxicologist Dr Michael Robertson, who was called by the defence, said the level of the drug found in Mrs Baden-Clay’s body was not consistent with Sertraline-related deaths.

12:26pm: Mr Fuller said Mrs Baden-Clay’s diagnosis with “major depressive disorder” in 2003 should not be “used against her”.

He said a diagnosis should not be relied upon to discredit a person in the face of the treatment a person has received or the medication they have been prescribed.

12:38pm: Mr Fuller said the jury could “safely put to bed” the defence theory that Mrs Baden-Clay was adversely affected by her antidepressant medication Zoloft.

The defence has suggested Mrs Baden-Clay was suffering Serotonin Syndrome prompted by her medication which caused her to become disoriented and possibly hallucinate.

Mr Fuller said Mrs Baden-Clay had managed her depression well and overcome the panic attacks she experienced during her second pregnancy in 2003.

“The panic attacks were linked with her … second pregnancy. Yet that somehow gets turned into 2012 ‘she must have overdosed’,” Mr Fuller said.

“If you exclude drowning, falling, jumping, drug toxicity, what are you left with?”

12:43pm: “That means she wasn’t affected by the drugs, she didn’t drown, she didn’t fall,” Mr Fuller said.

“You’ll find she was dumped at the creek when she was already dead.”

Mr Fuller said the jury did not have to determine the “mechanism” of Mrs Baden-Clay’s death.

“Only the person who killed her would know that,” he said.

“But it was efficient and effective.

“Effective because it achieved the desired result. Efficient because it didn’t leave any evidence.”

12:47pm: Mr Fuller has turned his attention to the Baden-Clays’ daughters on the night of April 19, 2012.

The three young girls slept soundly on the night their father allegedly killed their mother at their Brookfield home.

Mr Baden-Clay told the court sound travelled easily throughout their rented weatherboard home on Brookfield Road.

Mr Fuller pointed to a baby monitor on Mrs Baden-Clay’s bedside table.

“Why do you need a baby monitor if noise travels easily throughout the house?” he asked.

The lay-out of the Baden-Clay home.

The lay-out of the Baden-Clay home. Photo: Court Exhibit

12:52pm: “Let’s go to where did it happen,” Mr Fuller said.

“Her body tells us one more thing and that’s the leaves.”

The court has previously heard six different types of leaves where found entwined in Mrs Baden-Clay’s hair and resting on her jumper. The six species of plants were found growing around the Baden-Clays’ home. Only two species were found in the Kholo Creek area.

“The inextricably link Mrs Baden-Clay to her house and inextricably link her death to her house,” Mr Fulle  said.

“All six and no more and no less.

12:59pm: Court has adjourned for lunch and will resume at 2.30pm.

Crown prosecutor Todd Fuller QC has begun is closing address to the jury.

  • He set about methodically discrediting the defence’s theories about Mrs Baden-Clay’s death in pointing to evidence to suggest it was unlikely she walked 13 kilometres from her home to take her own life at the Kholo Creek bridge.
  •  He highlighted the testimony of defence witness Dr Michael Robertson to suggest Mrs Baden-Clay was not suffering adverse affects of her antidepressant mediation Zoloft when she set out for a walk to “clear her heard” in the early hours of April 20, 2012.
  • He said forensic pathologist Dr Nathan Milne did not find any injuries on Mrs Baden-Clay’s body to suggest she had fallen from a height.
  • He also recalled the evidence of microscopic algae expert Dr Jacob John who did not find evidence in Mrs Baden-Clay’s lungs to suggest she had drowned.

“If you exclude drowning, falling, jumping, drug toxicity, what are you left with?” Mr Fuller asked.

 Defence counsel Michael Byrne QC completed his closing address to the jury, saying Mr Baden-Clay was not a cold-blooded murderer.

“Once you have dispassionately, objectively assessed the evidence – the whole of the evidence – you would not and you could not find Gerard Baden-Clay guilty of the murder of his wife,” Mr Byrne said.

“There is no cause of death, there’s no motive that stands to scrutiny, there’s no realistic means of him doing the things the prosecution says were done by him as part of a scenario.”

2:33pm: Court has resumed and Mr Fuller has continued to his closing address to the jury.

He has again drawn the jury’s attention to the leaves found in Mrs Baden-Clay’s hair.

2:41pm: Mr Fuller said the only “rational conclusion” the jury could draw was that Mrs Baden-Clay’s head had come into contact with the leaf litter outside her house.

“And if her head came into contact with the leaf litter at her house, how is that possible?” he asked.

The court has previously heard six different types of leaves were found entwined in Mrs Baden-Clay’s hair and tangled in the sleeves of her jumper. The six species of plants were found growing around the Baden-Clays’ Brookfield home. Only two species of plants were found in the Kholo Creek area.

“So that’s what connects her to her house, ladies and gentlemen,” Mr Fuller said.

3:04pm: Mr Fuller has turned his attention to the scratches which appeared on Mr Baden-Clay’s face on the morning he reported his wife missing.

Mr Baden-Clay has maintained the injuries were shaving cuts, but four forensic experts who testified at the trial said the abrasions were more consistent with fingernail scratches.

The real estate agent told police he would usually “shit, shower and shave” each morning. But on the morning he reported his wife missing Mr Baden-Clay said he had showered before shaving because he was in a rush.

“If you have to do the same to things, is it any quicker to do them in reverse order?” Mr Fuller asked the jury.

3:20pm: Mr Fuller said DNA “belonging to someone else” was found under the fingernails of Mrs Baden-Clay’s left hand.

“Her left hand scratching the right side of his face,” Mr Fuller said.

He said the scratches on Mr Baden-Clay’s face were there “damning”.

“They are damning and link him to the act of violence without any doubt,” he said.

3:23pm: The jury has taken a 10 minute break.

3:35pm: Court has resumed.

“Now I want to talk about the pressures on Mr Baden-Clay,” Mr Fuller said.

3:39pm: Mr Fuller said Mr Baden-Clay was facing pressure from his wife, his long-time mistress Toni McHugh and his flagging business.

But Mr Fuller said the pressures upon Mr Baden-Clay did not necessarily result in an angry explosion.

He said a person could make a “calm decision” to respond to pressure with an act of violence.

Mr Baden-Clay has denied being under pressure from Ms McHugh and has denied being under significant financial stress at the time of his wife’s disappearance.

3:48pm: Mr Fuller said Mr Baden-Clay failed to tell police about the heated argument he had with Ms McHugh on the afternoon of April 19, 2012.

“He says there is no tension at all. No issue with his wife at all. Everything was happy,” Mr Fuller said.

“But of course he fails to talk about the conversation he had with Toni McHugh.”

Mr Fuller said Mr Baden-Clay’s responses to questions from police were “scripted to justify his behaviour”.

3:56pm: Mr Fuller has shown the jury further pages from Mrs Baden-Clay’s journal.

On one page Mrs Baden-Clay wrote her “Daily Disciplines” which included exercising and drinking water.

On the following page she wrote: “I have a loving marriage with a wonderful relationship with great sex.”

On other pages she wrote lists of gratitudes. She wrote the final list of gratitudes on June 1, 2010.

Gerard and Allison Baden-Clay on their wedding day. Photo: Supplied

4:02pm: The journal reveals the Baden-Clays’ marriage was in trouble just two months later.

On August 23, 2010 Mrs Baden-Clay wrote:

“I would give anything for my partner to make love to me.”

On December 8, 2010 Mrs Baden-Clay wrote:

“If would give anything if my partner would love me and make love to me.”

“I’m afraid of losing my marriage, being a single mum, my marriage failing …

“Maybe I am still harbouring regrets about getting married and did I make the right decision?”

4:13pm: Meanwhile, Mr Fuller said, Mr Baden-Clay was embroiled in an affair with his then-employee Toni McHugh.

Come 2012, Mr Baden-Clay was promising Ms McHugh he would be with her “unconditionally” from July 1.

“This man was in love with Toni McHugh,” Mr Fuller said.

“This man wanted to be with Toni McHugh. But he was straddling the fence – didn’t have the courage to go, didn’t have the courage to stay. Does that not show the pressure and the place that this man was in come the 19th and 20th of April 2012?”

Gerard Baden-Clay and Toni McHugh’s emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison’s murder. Photo: Court Exhibit

4:23pm: “She fell for the Baden-Clay product and fell hard,” Mr Fuller said of Ms McHugh.

“She was obviously in love with this man had endured three years of a relationship with him every day that was brought to an end in 2011 … and he refuses to make contact with her.

“Then he comes back into her life and it [the affair] continues, but under different conditions.”

“But she still is gracious enough to give him the out, but he doesn’t take it.”

The court has previously heard Ms McHugh and Mr Baden-Clay met at a Kelvin Grove coffee shop in early 2012.

At the meeting Ms McHugh said: “If you want to be with your wife, be with her.”

4:28pm: Court has adjourned for the day.

Mr Fuller will continue his closing address tomorrow.

Allison Baden-Clay put her husband’s phone on charge at 1.48am and then went for a late night walk “to clear her head” on the day she disappeared, a Supreme Court jury was told yesterday.

Defence barrister Michael Byrne QC in his closing address to the Supreme Court in Brisbane put to the jury that the Brookfield mother-of-three first took a 100mg tablet of the antidepressant Zoloft before leaving the house in her walking clothes.

He said Ms Baden-Clay might have decided to walk out into the night, further than usual, against a background of mental turmoil over her husband’s long-running affair, which they had discussed in detail the previous two nights; the possibility she would run into his mistress at a real estate conference the next day; and her failure to bear him a son.

Mr Byrne said the drugs in Ms Baden-Clay’s system would peak in her blood stream and be absorbed by 4am. He said it was possible, with an increased dose that she experienced disorientation brought on by “serotonin syndrome” or perhaps just the greater than usual aberrant side-effects of Zoloft.

“And some time, for some reason, she ends up in the river,” he said. “The autopsy report can’t rule out drowning, it can’t rule out a possible fall, a jump from the bridge which could have rendered her unconscious, and either drowning or dying in the river.”

He told the jury it was a scenario they might reject, but it was one which they might think was open to them on the evidence.

Gerard Baden-Clay, 43, has pleaded not guilty before Justice John Byrne to murdering his wife and dumping her body 13.5km away at the Kholo Creek Bridge at Anstead on April 19, 2012.

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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