Gerard Baden-Clay Trial-Day 15


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 https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

Gerard Baden-Clay trial: ‘Despicable morals’ do not make him a murderer, defence argues

Updated 6 minutes ago

Gerard Baden-Clay’s defence lawyer has told jurors that while they may find his morals despicable, it is a far cry from labelling him a murderer.

Baden-Clay has pleaded not guilty to murdering his wife, Allison Baden-Clay, and dumping her body under the Kholo Creek bridge in April 2012.

Today marks the start of the fifth week of the 43-year-old’s trial.

In his closing submission to the jury, defence barrister Michael Byrne QC reminded the jurors not to be swayed by “titillating” evidence or the “soap opera” portrayed by parts of the media.

Mr Byrne told the jury that Baden-Clay had never been a violent man and that the prosecution case was circumstantial and relied on inferences.

He told the jurors there was no direct evidence the former real estate agent killed his wife and that they could not join the dots if there was no evidence to join them.

“When you properly and critically analyse the evidence, you would not be satisfied that Gerard Baden-Clay is guilty of the offence,” Mr Byrne said.

The crown alleges Baden-Clay smothered and dumped Allison’s body under a bridge in the middle of the night before returning home to his children at Brookfield.

But Mr Byrne reminded the jury that pathologist Dr Nathan Milne could not establish a cause of death.

Mr Byrne said other causes, including anti-depressant toxicity, drowning or a fall from a height, were possible causes.

He told the court of a possible scenario that could explain Allison’s death.

“[Allison] is supposed to be going to the conference the next day. She avoids confrontation … what if she decides to go for a walk at that time to clear her head. What if, because of her depression, she takes Zoloft tablet around 10:00pm or 11:00pm,” he told the jurors.

“That would explain why she changed into [the] clothes which she is found in, leaves the house … but first placed Gerard’s phone she had possession of on the charger around 1:48am.

“She begins to walk her usual route along Boscombe Road and decides to walk a bit further … it’s about 4:00am … peak in the blood stream, medication is absorbed into her system.

“It’s no longer present in the stomach but we know the levels are in the blood. Maybe with that increase in dosage we have serotonin syndrome. Consider that as a scenario … and at some time, for some reason, she ends up in the river.”

He also stressed that apart from blood found in Allison’s car, no other blood was found and there was no evidence of a struggle in the couple’s house.

Mr Byrne said Baden-Clay explained to police in an open and candid way that marks on his right cheek were shaving cuts.

He told the jurors that, despite evidence from experts who said the marks were most likely from fingernails, they could not be 100 per cent certain this was the case.

“These scratches, any way you look at them … cannot themselves convict Gerard Baden-Clay of murder,” he said.

Baden-Clay has vehemently denied ever physically harming his wife or being under financial pressure at the time of her disappearance.

The trial heard details of Baden-Clay’s infidelities, including an affair with colleague Toni McHugh.

Mr Byrne said the crown’s case suggested Baden-Clay killed his wife because he wanted to leave her for Ms McHugh.

“You may find his morals despicable, but that’s a far cry from labelling him a murderer,” Mr Byrne said.

Mr Byrne said despite his client’s affair with Ms McHugh, Baden-Clay had no intention of leaving his wife and three young girls.

He said while it had not been a passionate union, there had been no history of violence in Baden-Clay’s marriage.

Mr Byrne described as “incredible” the Crown’s assertion that his client could violently kill his wife, dress the body and transport it to Kholo Creek in the middle of the night and drag it down to the bank, all while his children were asleep in bed.

Mr Byrne also told the jury financial records show his client had substantial personal assets at the time of his wife’s death, so the Crown’s case that he was under financial pressure is a furphy.

Defence submissions will be followed by a summing up of the case by prosecutor Todd Fuller and Justice John Byrne before the jury retires to consider its verdict.

Gerard Baden-Clay trial: ‘Despicable morals’ do not make him a murderer, defence argues

3pm

 Gerard Baden-Clay’s defence lawyer has told jurors that while they may find his morals despicable, it is a far cry from labelling him a murderer.

Baden-Clay has pleaded not guilty to murdering his wife, Allison Baden-Clay, and dumping her body under the Kholo Creek bridge in April 2012.

Today marks the start of the fifth week of the 43-year-old’s trial.

In his closing submission to the jury, defence barrister Michael Byrne QC, reminded the jurors not to be swayed by “titillating” evidence or the “soap opera” portrayed by parts of the media.

Mr Byrne told the jury that Baden-Clay had never been a violent man and that the prosecution case was circumstantial and relied on inferences.

He told the jurors there was no direct evidence the former real estate agent killed his wife and that they could not join the dots if there was no evidence to join them.

“When you properly and critically analyse the evidence, you would not be satisfied that Gerard Baden-Clay is guilty of the offence,” Mr Byrne said.

The crown alleges Baden-Clay smothered and dumped Allison’s body under a bridge in the middle of the night before returning home to his children at Brookfield.

But Mr Byrne reminded the jury that pathologist Dr Nathan Milne could not establish a cause of death.

Mr Byrne said other causes, including anti-depressant toxicity, drowning or a fall from a height, were possible causes.

He also stressed that apart from blood found in Allison’s car, no other blood was found and there was no evidence of a struggle in the couple’s house.

Baden-Clay has vehemently denied ever physically harming his wife or being under financial pressure at the time of her disappearance.

The trial heard details of Baden-Clay’s infidelities, including an affair with colleague Toni McHugh.

Mr Byrne said the crown’s case suggested Baden-Clay killed his wife because he wanted to leave her for Ms McHugh.

“You may find his morals despicable, but that’s a far cry from labelling him a murderer,” Mr Byrne said.

Mr Byrne said despite his client’s affair with Ms McHugh, Baden-Clay had no intention of leaving his wife and three young girls.

He said, while it had not been a passionate union, there had been no history of violence in Baden-Clay’s marriage.

Defence 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.

10.50AM

Photo: Gerard Baden-Clay denies murdering his wife Allison. (AAP: Dan Peled)

The murder trial of Gerard Baden-Clay has entered its final stages in the Supreme Court in Brisbane.

The 43-year-old is accused of killing his wife Allison in April 2012, but has pleaded not guilty.

Today marks the start of the fifth week of the trial and Baden-Clay’s defence barrister, Michael Byrne, is giving his closing submission to the jury.

Mr Byrne has told the jury that Baden-Clay has never been a violent man.

He also reminded the jurors not to be swayed by “titillating” evidence or the “soap opera” portrayed by parts of the media.

“When you properly and critically analyse the evidence, you would not be satisfied that Gerard Baden-Clay is guilty of the offence,” Mr Byrne told the jurors.

The crown alleges Baden-Clay smothered and dumped Allison’s body under a bridge in the middle of the night before returning home to his children at Brookfield.

He has vehemently denied ever physically harming his wife or being under financial pressure at the time of her disappearance.

Mr 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.

 

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Author: Robbo

I also love family, Photography, Cooking a great BBQ , Computers, Reading Crime Books, and solving crimes before the end of the show !

279 thoughts on “Gerard Baden-Clay Trial-Day 15”

  1. I can’t remember if I asked this question already but is there a minimum number of hours a jury must deliberate for?

    Like

    1. Hey Oz! 🙂 we should start a book on how long it takes the jury to deliberate 😉
      I reckon by tomorrow afternoon we will be pretty much done and dusted.

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      1. I haven’t dedicated 5 consecutive posts in 5 minutes to you i Candy…..yet 😉

        Amazing, YOU would bring up ‘obsession’ after that posta’thon.

        Liked by 1 person

  2. Hanging on every single twitter post :/ jumper around upper body …. Also known as her head. Everything in place, if you wear your jumper around your head.

    Liked by 2 people

    1. That BLOODY useless woman. Just a lazy, good-for-nothing couch potato. Popping pills and crashing out early. Letting her husband do 85%-90%-95% of domestic duties and parenting. Never had dinner on the table or the footspa warmed up. Couldn’t bloody drive a car properly. Constant panic attacks. Depressed and fat as a cow, wasting money on treadmills and couldn’t “just get over” her depression. Couldn’t deliver a boy into the Baden-Clay dynasty. No wonder a perfectly great business sank with her anchoring it down… and she can’t even wear clothes properly.

      Liked by 3 people

      1. Re giving the G a boy….. it was his fault anyway and you can’t change the genes and the swimming fish/sperm cos we all know it is the bloke’s spit that decides the sex.

        That novel I wished I could write…. I reckon I would have the murderer/s swinging the beautiful deceased on a tough tarp to get them far enough under the bridge and out of sight, for long enough to ensure deterioration of any clues. Apparently, the accused (in my clayton’s novel) had done some knot and rope courses in his life. Haven’t decided yet where, when etc ie whether that occurred during ‘team building’ seminars; sailing . . .

        Liked by 1 person

    1. I need Maxalon to calm the nausea. The only thing this fool (GBC) studied at university was Douchebaggery 101. He has clearly doctored hos entire CV. Writing like a steam train, guys…. but the monotone delivery is putting me to sleep.

      PS. GM, I’ll respond to you msgs when I can

      Liked by 2 people

    2. Personally, I felt a little ummmm, embarrassed for GBC’s spokesman actually while reading the transcript. I felt it was as convincing (language-wise and creativity) or less, of some school kids I have seen bust a boiler to win a debating comp. Is it a game to them?? Maybe embarrassed, sad and a tad annoyed. The finer points of law come down to who is the most convincing. One has to shake their head.

      It really is a psychological battle isn’t it… to convince the jury. Hope his team have taken their medication to have clarity of thought.

      I must check next time I pop my pills, whether I change into walking clothes and I hope someone is around to monitor my safety when I have a psychotic episode after increasing my dose minimally, especially when it has been in my system for a number of years? Lordy, Lordy. I haven’t heard such drivel since a mate and I had a good therapy session on some jungle juice. My toxicology reports would be colourful.

      Liked by 1 person

      1. Agreed but defense are doing their best with the bad hand they’ve been dealt. Keep in mind they have probably tried to negotiate a possible deal for GBC given the evidence against him. GBC is the monkey that has made the decision to push ahead to trial.

        Liked by 1 person

      2. Hi Little Fish

        In your novel, which I will eagerly read the transcripts to help in the editing process, be sure to include that unlike any man I know he knew exactly what the victim was wearing…

        Just like those overly loving texts sent to his upset wife to seek to understand her whereabouts. A wife who had popped pills, took a good swig of some plonk due to an inflamed discussion (one of many I would suggest) and then wandered off on a 15km cross terrain hike.

        Urgh, the absolute BS being fed to the jury, the general public and precious Allison’s family is abhorrent.

        Like

  3. “Byrne reminds jury that Gerard is an accountant working as a real estate agent. He doesn’t known how to clean up a murder scene” Kate Kyriacou twitter

    Sorry I have to laugh — didn’t Gerald tell the court that he had to do all the housework – shouldn’t that have made him an experienced cleaner?

    Liked by 6 people

  4. The kids didn’t hear them fight ever… That’s because GBC said they were careful not to fight in front of the kids. This was disproved by his own freakin’ testimony. Jeebers -.-

    Liked by 1 person

    1. The defence summing up is resulting in me getting chilled to the bone. The defence continually points out the GBC just does not have it in him to become out of control when confronted with challenges. The defence makes reference to GBC remaining calm when confronted by TMcH and when confronted by Allison. References are also made about the lack of arguing between Allison and GBC. All this has done for me is confirm what I already suspect and that is that GBC murdered Allison in cold blood – premeditated and calmly carried out – cool as. Chilling. This was not a heat of the moment occurrence.

      Liked by 3 people

    2. Was the accused wearing runners?
      Was Allison wearing thick socks?
      Did the accused make contact via text or calls to Allison mid evening?
      If so, was it to entice her out from the house?
      If the kids never heard them fighting, would such occur external to the house?
      If the television was on, within a timber home, could this mask some noise?
      If there was already a ding in one family vehicle, could another be concealed within?
      Did a report ‘suggest’ she may have received a deep gash to her shin?
      Prior to death?
      Did the good doctor say scream (explained through unusual language) came from showground direction?
      Isn’t anger the hardest emotion to control?
      Is there a person on earth, not in a coma, who hasn’t become angry?
      Is there a possibility that something made Allison so terrified on the evening of the 19th, that she fled for her life, but still within proximity of the home, lights, girls’ bedrooms for safety, time to think?
      If she fled, could she have been pursued by the real killer?

      Like

  5. From my analysis of the trial, the defence’s arguments wouldn’t convince me that he is likely to be innocent, but the persecutions arguments are a lot more convincing, If I were a juror on the Baden Clay trial and had come on the trial without knowing anything about the ABC murder case, at the end of the trial I would be convinced that he is guilty by the overwhelming circumstantial evidence and him taking the stand.

    Liked by 1 person

  6. Stephanie Apps’ evidence (daughter- spider web) only threw doubt on the others that heard a scream around the 9pm mark. It does not explain away the screams heard around the 11pm mark which are more likely to be the time of the murder.

    Liked by 2 people

    1. The accused says he went to bed at 10. Would one with so much on one’s mind and conscience allow one to go into the land of nod quickly and miss such a
      piercing noise if several others within the suburb heard it?

      Liked by 1 person

  7. isn’t to a certain degree, reasonable doubt, giving the jury the role of crystal ball? i mean just because there’s no cause of death it doesn’t mean she died naturally. surely they can’t rule on reasonable doubt for that. also, she died at someones hands, if reasonable doubt was played saying dorkface didn’t do it, crystal ball again, the jury are in a position where without any clear evidence otherwise someone else did it.

    kinda doesn’t make sense to me.

    Liked by 1 person

  8. Well folks, GBC’S defence barrister is creating some convincing arguments, once today he said to the jurors that if they have any doubt that he’s innocent, even if it’s only a little bit of doubt, acquit him, so he may get acquitted.

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    1. I am getting riled up at this man – how does he sleep at night? I guess he is doing his job, trying to save his reputation ’cause if he throws his hands up it won’t help him.
      Hoping Crown and judge remind the jury it is REASONABLE doubt, not any doubt or only a little bit of doubt.

      Liked by 3 people

        1. BR, going beyond reasonable doubt is for the jury the easy part

          The difficult part for the jury is having to listen to such pathetic defence

          Liked by 3 people

          1. BB, He’s raising the pertinent points in an easy to follow narrative for the Jury.

            I imagine that Toddy will be much the same.

            There’ll be no shouting this time from Todd….because he’s talking to the Jury.

            Everyone was quite excited about today, but ‘closing arguments’ are usually the most boring. Just re-hashing what’s been said over and over.

            I assume that LJC’s head is bobbling around on her shoulders for the most of the day. She’ll probably try the old, pencil on notepad and head in the other hand covering her eyes pretending to be writing while drool plip, plops into her lap.

            Unfortunately it’s always the loud snorts and the involuntary jerks of the arm knocking the guy out who’s sitting next to her that will give it away.

            🙂

            Liked by 2 people

            1. Oh, BR, you’re underestimating LJC, lol

              Having already experienced GBC’s extended travelogue/monologue, LJC knows by now to adapt one of two methods: tissues stuffed up nostrils and tucked inside gums to catch the enforced, nocturnal drippage

              or neck brace concealed behind a luverly purple scarf

              🙂

              Liked by 2 people

              1. I love the way, it is assumed, that the legal representatives are the most intelligent in the room who have to modify their communication to be understood by the ‘plebs’ on the jury.

                I wonder, given how these things operate, whether some representatives themselves fit the schema of sociopathy. No matter the education and training, there is research indicating that the professional is forever coloured by personality, genetics and templates emplanted during formative years (as in what is resorted to when in a tight corner).

                Unless you were following a script (make believe, acting, adopting a character), I wonder how many of us would struggle to maintain the fight for the person in the corner, when it gets to the pointy end of the stick, without being emotionally impacted and decide that honesty and truth is the best policy. Of course we wouldn’t get paid to put food on the table, keep up vehicle lease payments, along with paying school fees, the house etc….

                I suppose there is always that one occasion every now and again when an innocent person is convicted of a crime they didn’t commit. I guess the side-show, or what we call legal proceedings, covers all bases to work to prevent same.

                Different horses for different courses and I guess we go where our personalities lead us.

                Once a decision is made and the majority can get on with ‘business as usual’ (can’t bear to think of the Dickie’s future), I think I will pick one of my best sheep, hand shear it, shape up a curly wig and present it to selected Aussie Crims’ posters. Probably worth choosing a verigated coloured one for the black sheep of the crew.

                Like

        2. I see what you’re saying, I’m looking at from a slightly different perspective (because of my prejudging I know). If the defence had given me a little bit of doubt about some the evidence – which they didn’t – that would not be beyond reasonable doubt of the sum of all the evidence. I would weigh that doubt against the sum of all the evidence. Is that reasonable? 😉

          Liked by 1 person

          1. That “little bit of doubt about some evidence” is not enough to compel you to acquit. You can have some doubt, you do not have to find beyond a shadow of doubt; it has to be beyond a reasonable doubt. That is, after looking at all the evidence together you can not find any other reasonable explanation for that evidence as a whole. You may have a doubt or two about little pieces of evidence but those doubts would have to be reasonable doubts -( i.e. what any other reasonable person looking at the same evidence would find – hunches, prejudices etc aside) There would have to be an alternative logical and reasonable explanation for the evidence. If you can not find that then you can convict beyond a reasonable doubt.

            Liked by 1 person

  9. Fingers crossed Fuller comes out firing on all cylinders… All of defence statements are easy to shoot down…. I.e How does one change clothes without them waking up? Um…….. If they’re rendered unconscious or dead! Easy. How does ne have leaves in hair but not in car? Um….. It’s called a vacuum and I had heaps of time to clean up, deposit leaves from vacuum back into yard, put toy boxes in boot to cover up blood stain… Gerard could easily walk away from the debt…. Um….. And mates happy to lose $90k each no probs? Gee, I wish I had friends like that. Nope. They were all duped. Just hope jury doesn’t get duped too…

    Liked by 3 people

      1. Pretty sure no… My kids both young and teenagers sleep like logs… Things like this especially if they are used to tv being on, ironing being done (steam) wouldn’t rouse them at all. And also wasn’t GBC often coming home late after late office shenanigans with other women???

        Liked by 1 person

        1. Yes, BSD70, kids can be a little like that.

          But….(there’s always a bloody but!) seriously…..get the vacuum out in the dead of night and do the car and hope nobody in the neighbourhood (who all hear screams, dogs barking, car doors closing, things going ‘thud’)……… notices?

          Liked by 1 person

          1. Second car that wasn’t searched and family help… No one knows whether Nigel was there the night before or turned up in morning… Because call to police made after he and Olivia had been at house and out searching for Allison. We have no clue how long he and Olivia had been out searching… Enough time to go clean out a car?

            Liked by 2 people

              1. Me thinks old Nige or the luvly Livvy did a vacuum job on the car and a quick hose out back…wasn’t Nigel seen to putting both the vacuum cleaner and the hose into the boot of his car?

                Liked by 1 person

    1. I don’t know that the idea that just
      because kids heard nothing there was nothing. My kids 6 and 7 would sleep being nappy changed when they were in nappies and changed now if they had a bed wetting accident….. Their very loud deaf ethnic grandfather on the phone to overseas in the middle of the night. I think GBC was ‘lucky’ that evidence doesn’t point more directly to him. Anyone ever seen the movie Match Point ?

      I think his guilty and hope Todd Fuller goes hard tomorrow.

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  10. Jury has to ask itself, who else had reason to want Allison dead?

    The list of candidates is short: GBC. TM

    If police suspected TM had murdered Allison, GBC would not be on trial

    Jury realizes Allison didn’t want herself dead. Evidence for Allison intending to live, abounds

    Only leaves GBC

    Liked by 2 people

    1. Brisbane 2007….. (The Australian)

      “A MAN from Woodridge in Queensland shot a young mother at close range and then killed himself yesterday after believing a real estate agency had overcharged him for rent.

      Francisco Munoz, 63, killed Elders property manager Rachael Myring, 23, before taking his own life in a small Logan Central shopping centre, south of Brisbane.

      Ms Myring, who died instantly, was due to move jobs next week because she wanted to get away from the stress of dealing with customers on the front counter.”

      Allison was the Property Manager.

      I know that GBC never raised anything like this….because it would have been a guess. he says he knows nothing.

      How many women go walking in the dark on lonely streets…..not many?

      Liked by 1 person

      1. I might add. I’ve used Property Managers for a long time (as an owner) and the one thing I know about them is that….they’re as hard as nails.

        Certainly not a job for someone a bit delicate.

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        1. Sorry BB. I’ll do a Byrne bullet point presentation…

          • The role of a Property Manager is extremely stressful.
            and my closing argument…..
          • Shit happens to the nicest of people.

          🙂

          Liked by 3 people

          1. BB! Is this the gasp-moment common to tv-trials ?

            where the vital clue circumvents legal-protocol

            and arrives like manna from above to save the accused ??

            Your honour, public-spirited member of the public, none other than BB hisself, has found the Man With One Arm, the Smoking Gun, the Eureka Moment — ta da !

            Disgruntled tenant, enraged over over-charged rent, provided death-bed confession to none other than said BB only minutes before the jury retires to consider its verdict. The disgruntled tenant stalked and waited for mother of three to suddenly go mad in the hours before midnight, resulting in her banging her head on the kitchen bench-top until her tooth splintered. Then, dragging off her PJs and throwing them across her shoulder, she carefully plugged her wayward-spouse’s phone in its charger, being sure not to bump or otherwise disturb him, after which she pulled on some tatty leggings — ran to her vehicle to spread a bit of blood around — before taking off on a cross-country hike, torchless and to hell with her carefully coiffed hair-do

            The disgruntled tenant had been waiting months for just such an opportunity. He stalked the woman over hill and dale, past creeks and bridges, until he cornered her at Kholo — which apparently had inexplicable significance for him and suggested itself to him as the perfect location for the crime he was about to commit

            Utilizing a little-known assault method known only to a handful of disgruntled tenants world-wide, he employed the extremely rare No Physical Injuries Dead in Mud technique before rushing off into the darkness, his mission complete and the victim’s phone later to be hoisted into strong spider’s webs several miles away, where it remains to this day

            Thereafter, the victim — disabled through the mysterious attack — found herself paralysed and unable to extricate herself from the mud, after which, at some unknown date and from injuries unknown, the victim succumbed to the leeching powers of Kholo mud and undetectable insect bites

            Liked by 1 person

              1. BR — damn right ! I’ve almost convinced myself !

                Stop the trial ! Shocking miscarriage of justice here !

                Why didn’t investigators apprehend the disgruntled tenant — huh, huh, why ?

                It’s a stitch-up !

                Liked by 1 person

                1. I remember that case BR. Quite sad and ironic that Rachael Myring hadn’t got out sooner…
                  I’ve been in real estate and I manage my own rental properties and yes, tenants can be unpredictable, and perhaps even a little crazy and kooky from that neck of the woods in particular, but I highly doubt Allison lost her life to a crazy disgruntled tenant who stalked their house, just waiting until Allison decided to take a 10:30 pm 14 kilometre walk in the dark to seek revenge. Lol

                  Like

                  1. True Bella.

                    Just throwing it out there that weird and wacky stuff happens.

                    I reckon that ‘Property Managers’ would be thrilled at getting their first gig so easily…..but approach future P.M. jobs with a bit more hesitation.

                    From all accounts I can’t see Allison as being P.M. material. Nor me !!

                    Like

  11. And in other news: a shirtless guy pranced into Parramatta Westfield, Sydney and made his way to Myers (cosmetics?) department after which he plunged a 30 cm knife repeatedly into his victim (also male, reportedly)

    Dozens of shocked onlookers

    Killer taunted police

    Undoubtedly the killer is considerably more sober now, not to mention cooler now the heat of passion has expired, and being processed at Parramatta cop-shop. Must be a big ‘Uh oh’ moment for him as police in monotones take fingerprints, licence, details of next of kin, etc. Mad-dog moments of glory all over

    When killer appears in court months or years hence, he won’t be taunting police but will rely on solicitors to set him free

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  12. I’m getting a little bit frustrated, I just want the Verdict, but I’m patient about it, because we can’t get a verdict until the defence and persecution closes their arguments.

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  13. If GBC get’s acquitted, their might be some nutcase who try’s to kill him, but paying back evil for evil doesn’t do anything, and if someone does kill him, they will be going to jail for along time, even though GBC is a wife killer, he’s still a human like the rest of us.

    Like

            1. LJC — fine line, isn’t it, between doing the job and insulting the captive audience

              Almost thick enough to make us suspect GBC is directing Byrne’s performance, hoping the drip-drip technique of saying the big lie, repeating it endlessly to the point the dummies (and we all know who we are) accept it as truth

              Jury’s sitting there thinking of reports sitting on their desks at work, waiting to be completed — washing & ironing long overdue — kids assignments to get sorted — their own straying spouses to be pulled into line — once the tap’s turned-off on this dribble and the trial’s conclusion can be affected

              Liked by 2 people

            2. Yeah .. this is painful alright … but you can see their reactions and get it first hand… look forward to your reports…what’s GBC doing while this is goin’ down?

              Like

    1. Have any of you seen Close Encounters Of The Third Kind, maybe GBC isn’t a human, I’m just joking, but who knows?

      Like

  14. Little old lady stabbed her husband to death the other night in Adelaide. Both aged in their 70s.

    “They are from a very, very close and loving family. I can’t believe this has happened,” the neighbour said. “I’m just in absolute shock

    He was stabbed in the head. And it’s not easy to stab someone in the head and kill them. Unless he was stabbed in the face, which has softer sections

    One neighbour, who did not wish to be identified, told The Advertiser he was speaking to the couple the evening before Mr Colella was allegedly killed. “They were smiling and both happy. He was showing off his new stroller,” the neighbour said.

    The neighbour said he could not understand what went so horribly wrong in the time between when he last saw them and Mr Colella’s death

    Like

      1. BR — many a true word spoken in …….

        By age 70-odd and after a long marriage, there are bushels of simmering resentments. Knew an old couple who would also have been described as ‘very, very close family’. The husband was dying, but unrepentant, apparently. His wife lived in a state of pain and rage over his infidelities decades before. Even when dying, the husband laughed at her and refused to apologize. She wanted that apology. Instead, he told her how sexy the other women had been, how much they’d wanted and chased him, given him what he wanted while she was a homely drab, burdened with children

        I’d be out there sweeping up the leaves and the old woman would corner me at least three times a week, anger covering for pain. All she wanted was for her dying husband to say she was the one he’d always loved. She just wanted some recognition from him, some affection, some little token apology before he died. He was stubborn and refused to give it to her. Seemed to get off on upsetting her

        He did die. She was genuinely heartbroken. Lost track of them when we moved. But it could easily have escalated to a knife in the head

        Liked by 1 person

        1. Eluq…elonqin…elounqa…nicely put BB..seriously.

          I can’t help ‘people watching’ when I’m in busy places like large Shopping Centres etc.

          Him and her sitting in the Food Court having a cup of coffee. Him staring west, her staring east and wondering what the relationship’s like behind closed doors.

          Liked by 2 people

  15. I was wondering, if he is acquitted of murder, could we then get him on charges of extreme irritation causing grievous mental harm, verbal abuse by use of the word ‘dastardly’ and finally for having a girly voice?

    Liked by 2 people

    1. iCandy, how about, causing grievous mental harm carry’s a sentence of 40 years, and verbal abuse of the word “dastardly” carry’s a sentence of 40 years, and having a girly voice carry’s a sentence of 20 years, add up all that.

      Liked by 1 person

  16. I cannot read any more of the defence ‘clutching at straws’ drivel. I’m starting to have concerns the jury are not too smart… Frequent breaks so not to get distracted??? By what? Are they daydreaming?, humming, talking to themselves?, chewing gum? Making funny faces to judge?

    Liked by 1 person

    1. Yeah … reckon its best practice by the judge to ensure jury don’t get bored, tired, tune out, etc …so GBC can’t say jury went to sleep in an appeal etc …

      Like

  17. Why can’t they get the good people of Boston Legal to do the summing up. Where’s Danny Crane with his wildly inappropriate comments? And intelligent but misunderstood Alan. Alan! Al, Alan. Steve?

    Liked by 1 person

  18. Imagine this everyone, each lie GBC has told the police and court carry’s a sentence of 10 years in jail, I wonder how long his sentence will be for all of his lies? Give your estimate.

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  19. I hate to be jumping the gun but unless mr fuller comes up with a case of no one else but GBC could do it… Motive yes, means, yes, then this bugger is going to walk on legal technicalities… I hate that! Because he is (for the first time in his life) honest about not hiding the fact he had cuts on his face, that makes him innocent? No… I think it will be a case of ‘we know he’s guilty, but we just can’t pin it on him due to his excellent cover ups and help from family in hiding his crime’… Justice system fails the public again.. Thanks… We need another murderer out on the streets. Just put him with the paedophiles living down the road. Atrocious!

    Like

    1. The damage is done, regardless

      May as well toss the BC name in the waste basket after this

      The girls’ lives took a new path the moment their mother was killed

      TM’s life will be lived in the shadow of all of it and to a degree all those associated with her. Ditto those fortunate or perhaps smarter women who managed to cut free prior to Allison’s murder

      C21 has taken a hit via association

      Everyone involved will be forced to draw a line through their life’s path, Before Allison’s murder and After Allison’s murder

      Owner of the house GBC and ABC rented – another innocent victim

      The media and online sleuths will move on to another case

      Almost certainly, Byrne and Fuller et al will have moved on already: other cases, other defendants, etc

      Liked by 1 person

    2. How about….. Given the cover ups for what we have been privy to, hypothetically and thinking outside the box, and imagination running wild… There are many more boxes of sleezy stuffs hidden…. And there is an inducement to keep other ‘high profile people’s names out of the press and public which will provide a tidy sum after a decision either way. Even more wild, what if he and TM concocted the ‘she was a bit of fluff on the side’ but will wait for him no matter what.
      Once I wouldn’t have let my imagination run wild out of respect for Allison but this unfolding tragedy is more than if reckon David E Kelly could construct, so maybe necessary to explore all avenues.

      Like

  20. I’m not sure if this correct, but someone told me that if one juror say’s GBC is not guilty, he will be found not guilty since the verdict must be unanimous.

    Like

    1. Unanimous for murder but I believe they can then be asked to rule on manslaughter instead (if can’t vote unanimous for murder) which can, with permission of the Judge, be a majority ruling – .i.e. 11 of the 12 voting guilty.

      Like

  21. “Gerard has never made any attempt to conceal the marks on his face or give any explanation other than shaving” David Murray @TheMurrayD

    I’m laughing again. I was just imagining GBC trying to hide those marks from everyone – I imagine him greeting the police with this mask on to cover his face.

    http://postimg.org/image/vblmwwe7v/

    Liked by 1 person

    1. Didn’t one of the girls say that her father came into her room with shaving cream on his face? I need to re-read the interview transcript, but I thought that was the case. Seems to me he WAS trying to cover up the scratches in front of his girls

      Liked by 1 person

  22. Question: If GBC was Pinocchio, how long is his nose and could you pick it?

    On a serious note, I wonder how the Dickies discuss these matters with the 3 girls? Indeed, I wonder how they have gone about events from the get-go?

    It can’t have been easy and how would they answer the questions “grandma do you think daddy killed mummy?” And “will we see daddy again?”

    I’m not sure how I would have played it. Thoughts?

    Liked by 1 person

  23. Must have been difficult to sit through the defence’s desperate final throw

    Well done to all those who did

    Thanks to all the tweeters and those who, unpaid, attended court on Allison’s and our behalf

    🙂 Thank you

    Liked by 7 people

    1. I went in today & had the pleasure of LJC & bella’s company. We swore & snarled & tried to stay awake…bella had a little snooze 😉 . I couldn’t believe that somebody could talk such bullsh*t for so long & not change the tone of their voice!! I was ready to top myself! It was an experience to say the least. It was an absolute delight to spend the day with the girls & to get the vibe. LJC wants to marry Todd…I’ll take the judge…he’s just lovely 🙂

      Liked by 3 people

      1. Absolutely KMum! It was so lovely to get to know you both today and I’m so pleased that you weren’t shocked with my outburst in the car about what we went through in court today…. 10 years on construction sites really changes a young lady’s attitude to the English language. What did I say again? Something like “what the actual effing eff was that sh*t, for effing eff’s sake??” Lol

        Liked by 1 person

        1. hehehe…as I said…I have 5 kids! 3 boys..two are tradies & a tradie hubby so it’s nothing I haven’t heard before. My daughter always says…what the actual eff!! Lol…besides listening to…what did I call him? k**b jockey wasn’t it….I had a fabulous day 😀

          Liked by 1 person

            1. Thank the universe for you LJC and all of you who can be our eyes and ears at the court. Sorry you have to sit through the BS of the defence but rest assured all of us who are not there physically supporting our precious Allison are feeling your pain of what you are enduring with those low life, bottom dwelling scum.

              Call it as you see it LJC and Justice for Allison!

              Like

      2. Kenmoremum, I was standing right in front of you outside court at the end of the day with Bella & LJC & didn’t realise haha until Bella told me…after you both walked away!

        Like

  24. I know it feels iffy for some of you now, but wait til Toddy ‘gets up’ tomorrow, if MB hasn’t bored everyone to death by then. Hey! Maybe that’s how he did Allison in. It fits!

    Liked by 1 person

    1. B O R I N G
      But! I think the general consensus is GUILTY
      It was a nod fest today. Unsure whether I want to venture back in tomorrow. I think it left a bad taste in kenmoremum’s mouth too.

      Liked by 2 people

    2. Hi BSD70… My take from today is that the defence essentially had a whip and was flogging the dead horse into oblivion. It did nothing to raise reasonable doubt for me, except for the issue of why there were no leaves or mud in the car. That made me stop for a second but there are other ways to deal with that I assume…. Plastic, sheets, picking leaves out by hand, gum boots, accomplice, other car etc.

      I thought the defence’s delivery was incredibly monotonous and condescending in parts and I was infuriated by the last ten minutes and the suicide theory. Absolutely infuriated. I’m trying to review thus as honestly as I can. They scored a couple of points today but I think these will be easily countered by The Supersmartstonecoldfox tomorrow (thank you to whoever coined that awesome phrase). I’ve heard he gives excellent……summation 😉

      Ok no, LJC. That was bad 😦 Behave…..

      Liked by 4 people

  25. Thank you everyone who posted today and who attended court. I’ve sympathised with a few of you and laughed with others. BB and BR, that rundown you did of the one armed man had me in stitches, but where was the second gun man on the grassy knoll?:)

    Thank you LJC for your dedicated transcription services.

    Liked by 5 people

  26. Interesting Journal entry that didn’t get much of a run (or any) previously when the arresting officer used ‘selected’ Journal entries to read out loud…..

    She writes in her journal ‘I don’t want to be alone…afraid of failing’ – defence #badenclay

    Alone…? No mention of her and the kids at that moment.

    Like

  27. Could not believe the comment that having hairdressing appointment instead of going to the parent teacher meeting might mean she was depressed and trying to feel better.
    Clearly MB has a similar understanding of depression as his client!
    And “honestly” attempting to suggest that her in laws having a son triggered some desire to go out walking in the middle of the night…I expect that by 2010 the last thing Allison wanted were more Baden Clay males to rule the world.

    Liked by 1 person

    1. Parent Teacher Interview: I wonder whether Allison asked Gerard to go, you know to step up to the mark to share the parenting or alternatively, the school was another familiar stomping ground for Gerard. He talked of multiple mistresses and I wonder whether the school gate was a good pick up point? If he was controlling, how controlling and did he feel Allison wasn’t up to the cognitive task so he must attend.

      Like

  28. Seriously Mr Byrnes?? She was on the point of suicide because of the birth of her nephew in Canada on the 18th?? And yet another mother that she had spoken to at Prep drop off on the 19th mentioned that Alison had shared this during their 20 min conversation and was excited about it and in a happy mood. Are you suggesting Alison was bipolar on top of everything else you’ve thrown around about a woman who can no longer defend herself. Grow a brain!!!!!

    Like

      1. I tell you guys, I have gremlins in my system. They started to visit yesterday.
        If a previous post appears about this, sorry. I have had to shut my computer down a couple of times and when I restarted it, I had GBC’s whole head on my screen saver!!

        Anyone else having problems?

        Like

      2. I responded to a similar post earlier. Defense just doing the best they can for their client. Please keep in mind they almost certainly suggested he plea with so much evidence against him. But if GBC insists on going to trial they have to work with something!

        Liked by 1 person

    1. Being a bipolar sufferer myself, I believe this IS what he thinks… That she snapped for no reason other than not being able to have a son and a strange and sudden chemical imbalance. That’s why I get angry when they bring up the suicide theory. I feel suicidal on a regular basis but I never, ever would follow through. Why? My family. My parents, my brother, my friends. To imply she suddenly developed seratonin syndrome is ludicrous, or that she went walking at 10pm without her phone, or that she would leave her 3 daughters with no explanation. And defence sounds like a simpleton in his delivery of his ‘facts’ about her illness. Why, in 2014, are these views towards mental illness still happening? I’m a bright, articulate young woman who just happens to have this extra, often painful and debilitating, challenge in her life. I’m not crazy. Allison was a talented, articulate, intelligent, well-respected high flyer who gave up that life to have a family and suffered pre and post natal depression. That’s what I draw from the facts. It was just another challenge and she was working hard to fix her depression, her life and her marriage. The defence inference is disgusting and sounds GBC-driven.

      Sorry for the over-share but I was trying to prove a point.

      Liked by 3 people

      1. One thing I will say though is I’m not surprised Allison was exhausted. Keeping up the “I’ve got everything together and life is so good” persona is so tiring some days. But not everyday. Depression has ebbs and flows.

        Liked by 3 people

      2. I’m grateful to you for sharing LJC. As you so eloquently point out, even if Alison had been bipolar this would not preclude suicide. Just another last minute “blame the victim” dig. I think this jib, amongst all the other BS being thrown around hurt me the most (out of empathy for Alison). I’m glad others felt the same way. One of the reasons why men like this keep on getting away with behavior like this is because society turns a blind eye. No one ever wants to “get involved”. Not on my watch. Not anymore. Grrr!!!

        Liked by 2 people

      3. I agree. As a person who has suffered depression and has been on anti depressants for about 11 years and with sporadic suicidal thoughts, who is ok by the way because I’m medicated so I feel normal, it’s one thing to have thoughts. If he said he was leaving her for Toni maybe. But, as the defence said, we cannot speculate unless it has been presented to the jury, so a moot point. They never offered up,that scenario so we aren’t to consider it. He killed his wife on the evidence.

        Liked by 2 people

      4. Beautifully articulated, LJC. I think one of the most disturbing aspects of the defence case in this trial has been its reliance on the negative stereotypes and stigma of mental illness as a vehicle to malign and undermine every aspect of Allison’s life. In actual fact Allison was competently raising children, working, studying, maintaining her friendships and familial relationships, and successfully managing a sporadic depressive illness DESPITE an emotionally abusive marriage, as she had for many years. The idea that she would suddenly succumb to a suicidal whim after all that she had been through and triumphed over in her personal life is insulting and preposterous. I realise the defence are required to build a case around whatever they can, but I think they chose a pretty shameful line of argument.

        Keep up the great work, LJC : )

        Liked by 2 people

  29. The case is adjourned until 10 am tomorrow because GBC’S Defence Barrister has not finished arguing and will conclude his arguments tomorrow. It’s more waiting, I just want the VERDICT.

    Like

  30. I am so livid right now. Allison is not on trial. She is dead and can not defend herself. Even if it is his job to try to get GBC off how can he possible reconcile his attacks on Allison in such a pathetic straw-clutching and deogatory way, with that job.

    1. What an insult to suggest Allison killed herself because her sister in law had a son. What sort of family are they. Maybe they think everyone is as fickle and shallow as they are. Allison is the mother of his children their granddaughters and nieces – what care have they taken with the feelings of those little girls. How utterly disgraceful to throw around such horrible accusations on the public record for those little girls to see some day. No words can describe how low I think this is.

    Liked by 3 people

    1. I’m with you Dora. .. Low life scum family.
      Narcissists to the extreme .

      We need to hold out hope… it’s been 2 years and we are so close now. … like Robbo said.. could get verdict by Thursday.

      Liked by 2 people

    2. It’s a scary thought, Dora. Allison was far too good for GBC and his family. She had genuine degrees, with no need to embellish her resume etc.

      I’m sure every single one of the BC immediate family felt threatened (needlessly) by her.

      Liked by 2 people

      1. I agree Robbo, Wednesday possibly Thursday until a verdict is reached, but the verdict I’m hoping for is the GUILTY VERDICT.

        Like

  31. It’s interesting that the Judge hasn’t pulled up any of the ‘groaners’ from the gallery during the Defenses ‘close’.

    I’d assume that Mick BYRNE has jotted that down.

    Like

      1. hmmmmm……is that sarcasm…I’ll pout!

        David Murray @TheMurrayD
        Unless she was depressed and trying to make herself feel better. More groans in public gallery #badenclay

        Note…’more’.

        Like

  32. I would say that the defence won’t ever bring up just as likely occurrences if they look bad, so today was tedious listening.

    Maybe she did pop a pill and hallucinated like defence said and thought he was actively working against the marriage more than what he was at this point: she is pissed off at going to conference therefore (neatly cutting from his recollection everything after this point in time, he wouldn’t want to bring this section up), and he says things may be different if she’d given him a son even though she’s not bonking him anymore, he may pay her a bit more respect in these things – but he still wants her to put it all behind her and turn up and play happy couple for the day for the business. And its all too much, and she wonders why she is even with him in this moment.

    She lunges at him, palm gripping jaw in an angry-lovers embrace, emotion overcomes and she claws down at his face. He closes distance further, extra weight makes them tumble. They land and in the struggle he gets marks on his chest, since she’s trying to push him off.

    But he doesn’t want to let her up while she is fighting him so hard, maybe its on the bed, as they often would have had heated discussions up in the bedroom away from kids, or maybe it happened down on the couch.

    But then at some point she suffocates or the pills kill her coupled with this massive amount of stress she just received, or maybe even a hit to the head.

    Its not a cold/callous killing in this scenario, but by calling the father to work out what to do, the father makes it seem more cold/callous because he’s thinking clearly and is more practical right now.

    You could roll the cars away silently (they have enough breaks to move without turning them on, for a short distance, dont want to wake kids), and the old man could meet him out the front.

    They form a plan and old man dumps body in the creek. Or maybe they both go and do it.

    I dont personally think it was intended to call the police right away. I think the plan would have been in this scenario, to wait at least until afternoon or the next day. But because the scratches were very apparent in the light of day, an addition to plan would have been made, see a doctor to help give legitimacy, and unfortunately make a call to police earlier…feeling guilty already!?

    I mean, could it not be possible if his story was true that she had gone to a friends place at short notice, or something, in which case he would have waited for her to come home, why did it have to be a walk, she was missing…but not lost….I think it just shows that he was tired and lacked imagination to formulate something extra-removed/plausible.

    Unfortunately the defence is never going to come out and say something like that, if indeed thats what happened.

    So today was indeed tedious.

    Liked by 1 person

    1. Ive enjoyed reading all the comments and find I agree with all of them, and laughed at the [intentionally i would think] funny ones.

      I realise this is 2 comments in a row but I just wanted to add since I have not been posting here until now:

      Much is made of intents and states of mind, relationships in this trial….but to me, the above is all the intent, coupled with evidence I need to make a conclusion

      See, of course the father would be saying things like the girls still need at least 1 parent and you dont want to go away for this, they’ll have nothing now if you go to jail, and if worse comes to worse we (grandparents) can take care of them….so doing what was done, if indeed thats how it all went down, in their mind (and it lacks a moral compass due to circumstance, though baden clay is not really in possession of such a compass)….well in their mind, its the best of 2 possible outcomes. So why not make a play at it?

      I think on a time line this guy in the future was simply looking for his next conquest, he didnt want toni or his wife, and the marriage had reaches a stage where he says it was improving but I think he suspected that he could no longer commit to it, even if she thought she was making progress.

      All across the trial the defence has tried to downplay all these kinds of things, to try and smooth it over and make it out he was back to being committed, but I doubt he was. His history shows he could not keep it in his pants and nothing was changing any time soon, he’d barely made love to her during his marriage and I think he was at long odds to resume that, I mean, at the end of the day she was in her 40s now. I know it doesnt end there, but hope for something more fulfilling of the marriage was looking grim.

      So yeah, I think the defence has in fact been unable to present a convincing case. He’s just taken everything up to the point of her dying and put a little twist in it. He was the last to see her alive, and the only other person in the house at the time. She didn’t go for a walk. The whole defence is just an extension of his player lifestyle and smoothing over confrontational moments.

      Thats why Toni was even more aggressive to him/outbursts – she’s probably pretty calm herself mainly; this was a guy who refused to take meaningful action on anything, no wonder everyone was frustrated with him.

      I just hope the jury can instigate this level of critical thinking. In any case, tomorrow’s recap from the prosecution will help put things in their proper light.

      Liked by 3 people

  33. Hi folks, well the defence is still to go on with closing arguments, then the prosecution gets a go sometime tomorrow (Tuesday) so there will be another day gone, THEN the Judge will give the jury instructions, THEN they will go and consider their verdict. I reckon Wednesday arvo earliest!

    Here is todays full summary from Robbos Library.

    Cheers

    Liked by 1 person

  34. Would anyone please have (stashed somewhere) that funny photo of the caterpillar with a knife and fork eating Gs face. I just wanted to show my hubby. Thanks.

    Like

  35. How much longer can defence prattle on for, seriously. I’m thinking Prosecution will take as long also as they want to address each point made by the defence. I’m thinking if we’re lucky, we might get a verdict on Thursday.
    So, so boring today.

    Liked by 3 people

    1. Probably have the same speech coaches as the politicians. Where do lawyers sit on the ‘which professions are considered the most trustworthy?’
      I guess if I was aiming to get off from a life sentence, I would probably pick the one with the longest nose.

      Liked by 1 person

  36. A question for everyone, Do you think that GBC is going to get the Guilty Verdict or the Not Guilty Verdict? ( I respect everybody’s opinion and I’m not going to debate or argue anyone over their opinion.)

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    1. No idea, CrimeResearcher. Twelve out of twelve is a big ask. If it were easy, Parliamentary Question Time and Talent quests, choice of day trips on school holidays etc. would be all be settled in a flash

      What happens if it’s 10/2? 7/5? Do they have another trial? Can they opt for manslaughter?

      Like

      1. Little Fish, have to admit I’ve no idea re: Pistorius. The judge there makes the decision, doesn’t she? Strange, especially when you see defence explaining things to the judge as if she were just a cadet, sitting-in

        And if you watch Reeva Steenkamp’s family (the women) it seems clear (to me) that he has them in the palm of his hand much of the time. Their faces are literally wreathed in concern and sympathy for him when he’s on the stand

        Like

  37. No evidence of a struggle – would there be on grass when the struggle was short lived?
    No mud or leaves in the Captiva – a few bits of plastic or tarp would prevent that.
    Even a real estate agent might have done that when taking stuff to the dump.
    Would also explain one trickle of blood or at least one not seen and wiped away.
    No engine awaking kids – we’re they all awake or awoken when the BC cavalry arrived in am?
    Possible to roll the car down the driveway and turn ignition on at the gate?
    Even a real estate agent might have done that before.

    Liked by 2 people

    1. Donna – funny you mention the real estate clean up. I have found that ‘cleans’ for rentals etc are vastly different to a real ‘clean’. We often comment on that as they seem to know exactly what meets the eye for prospective renters and inspections. Yes, very good thinking.

      I know an SAS bloke and I often think after eating a meal prepared by him, in his own home, that afterwards and within seconds, you wouldn’t even know an interactive and messy process had just occurred, including the dishes holding the food…..alfoil makes for great serving trays when assembled in a particular fashion. I am now used to it but I once thought that with those skills, there would not be a sign of a crime trail left if those skills were used for evil.

      Was there mention sometime of a military period somewhere for someone?

      Liked by 1 person

  38. Well I haven’t checked in for a while… and I see the defence is saying exactly what I thought they would (or should) say. He may be despicable and morally questionable yes, but does that make him a murderer and is the jury happy to convict and incarcerate this man for the murder of his wife, the mother of his children? There’s the weight of the decision right there. Plus, the coroner could not determine a cause of death. The fact that there is no cause of death, no murder weapon… no history of violence or abuse….. no wonder Nige and the clan look kinda cocky. There is a very real chance (risk) that he will walk away as a free man – get the girls, get the money, start a new business. Sorry, but I’m kind of dazed that the prosecution didn’t have more to argue with… his guilt was writ large across his face from the day she went missing. Goes to show how specialised the job is… the difference between believing someone is guilty and proving they are.

    Liked by 1 person

    1. That’s what’s going to be the problem for them as you say Ms Molly.

      There’s no ability for the Jury to convict with 5, 10, 15 or even 20 years.

      It’s “Life”….mandatory sentence, and it’s to be delivered based on Circumstantial Evidence.

      That responsibility is going to test everyone on the Jury…..as opposed to ….”….if it was me I’d…….”

      Like

      1. That’s right BR. Yes it’s a heavy weight of responsibility on each of the juror’s. If it were me on jury duty, I would be happy to convict and stand by that judgement. I’ve lived long enough to recognise guilt when I see it and to pay attention to my instincts, so I would have that at the forefront of my mind when making my decision. Perhaps that’s what it might come down to for the jurors – their ‘gut’ instincts along with the circumstantial evidence? Let’s hope they are all well ‘tuned’ individuals.

        Liked by 2 people

        1. If it does come down to their ‘gut’, I can’t see the bulk of them doing it.

          For starters, it’d be wrong and that weight on their shoulders would be enormous

          I’d say that many of them are thinking…..”Bring me a charge where the sentence isn’t imposed by me. I’m happy to convict him but I don’t want to be the one who sentences him”

          Like

  39. You can’t have your cake and eat it too Gerard Boring Clay!

    If your team wants to raise doubt in closing arguments about no cause of death don’t suggest NO BROKEN bones then expect this same jury to BELIEVE YOUR version that she jumped off the bridge, committing suicide with NO BROKEN bones or serious injuries to the body. That’s treating a reasonable person as being gullible.

    It’s like we’re are supposed to imagine how this suicide happened, the magic carpet ride of 14km just happened and presto she arrived at the bridge, she was so depressed with life, that she jumped. . His legal team have done nothing to disprove the prosecution’s version of events.

    Let them continue to have their 10 hours in the sun, because they’re only delaying the inevitable.

    I’ll bet there were plenty of first timers in court today, sucked in / persauded by the defence’s arguments and are now worried. Nothing to worry about people, GBC will not be walking out the front doors of George St.

    Liked by 7 people

    1. I imagine he’d be relating those statements directly to the Autopsy Report which they’d have copies of.

      i.e…
      The fall being possible from the bridge.
      The fall into water being possible.
      Drowning being possible.
      The body being moved by water being possible.
      Allison herself moving some distance post fall.

      He’s not making it up, he’s referring directly to the Peer reviewed Govt Pathologists report……which the Jury members have and will check it against what they’re being told.

      Like

        1. Sorry BR, I’ve misjudged you. By you espousing these scenarios thoughout the trial, I took that to mean you thought he may be innocent. I think now you are trying for us to either see another possibility or starting a robust debate. I find that quite common amongst lawyers (I myself am not one, only been a paralegal). But I see now you weren’t being specific, merely encouraging debate. Also though, it can be a bit demoralising. We are confronted with an alternative all the time by whatever Mr Byrnes and Smithers says:)))

          Like

        2. OK….but isn’t he saying that there doesn’t have to be significant injuries in any of these ‘undetermined’ scenarios.

          i.e. falling into water at either the bridge…..or elsewhere and winding up at the bridge, where there’s the structure of the bridge.

          Like

      1. No I’m not implying he’s making it up BR. The fact is he wants to punch holes in the prosecution case by saying no broken bones…but want’s us to believe their version of events with no significant injuries to the body.

        Liked by 3 people

  40. I went back to Toni’s first statement to the police, knowing what we know now, to see if anything sticks out or raises eyebrows.

    3 things caught my eye:

    Toni McHugh First Statement to police 21st April 2012

    In Point 21. “…..Gerard would often tell me that he had cared for Allison and was concerned for her welfare and implied that her depression was the reason why we couldn’t be together. I recall Gerard telling me that Allison had developed something whilst travelling overseas that required medication. He stated that the side effect was depression.

    Point 23. Contradicts what GBC was saying on the stand how he had no intention of leaving Allison.
    TMH says ” Gerard had told me during a conversation in march 2012 that he thought Allison was aware of his intentions to leave her, however he did not elaborate”

    Point 42 says
    She came home on the Friday from the conference at 3pm, told her boys she was sick and went to bed.

    Sick from WHAT?? Sick because she knew GBC had carried out his plan…. sick from worry that the police could come knocking??

    Why didn’t the prosecution during this trial refer to this sudden sickness?

    Is it just pure coincidence that the only 3 people to bring up about Allison’s depression were the 3 people closest to GBC.
    1.Olivia
    2.Nigel
    3. Toni

    Is it pure coincidence that Toni would even mention the “depression” word 1 day after Allison was regarded as a missing person. A theme / trend used by Olivia, Nigel so early in the investigation

    I still can’t get it out of my head that 2 of the central characters in this whole story were in communication, at length with GBC on 19th Toni on phone after 5pm for 40mins approx & GBC being at his parents for dinner. Making it very convenient that there needed not be any more phone communication for the rest of the evening.

    Michael Byrne talks about being unable to join the dots, well I think whatever puzzle he’s playing with it’s a dud.

    I’m slowly going through Toni’s other statements just to see anything else that stands out.

    Liked by 2 people

    1. I doubt Todd will even mention Toni much tomorrow.

      If he doesn’t mention her name (much), she’s not in the minds of the Jury (much). Same with Nige and Olivia.

      He’ll be going out of his way to avoid any inference of other characters.

      Like

      1. Too right BR, Todd has enough ammo to fire thanks to good ol GBC generosity to take the stand.

        Even when GBC mentioned he & Allison renewed their intimacy is about as believable as Allison wanting a boy to keep the Baden Clay name going.

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  41. I absolutely believe he’s the guy, and he did it. But, the defence doesn’t have to explain how she got there under the bridge with no broken bones – all they have to do is show that it hasn’t been proven that HE put her there. I’m just sorry that the mistress didn’t reveal more through all of this, and I’m sorry that the prosecution didn’t get a court room confession – maybe only in Hollywood… Fact is, it’s a mystery how Allison came to be under the bridge and it’s clear that Gerard knows the answer, and he might very well take that to his grave.

    Liked by 3 people

  42. Twelve people must agree, unanimously, that GBC is guilty?

    They have only two choices – guilty or not guilty ?

    Like

  43. Given the current time (one a.m.) this might sound crazy tomorrow, but it seems the defence is blaming the victim – almost as if she deserved to die/kill herself

    Trying to approach this as if a member of the jury who, unlike the rest of us, didn’t pore over this case prior to the trial

    Listening to the defence and its witnesses, I would, I think ( if I were a member of the jury) have drawn the conclusion by now that the victim ranks way down the list of importance — almost incidental to the case, and obviously, unable to speak in her own defence

    Allison’s been painted throughout by the accused, the defence and the defence’s witnesses, as useless, pointless, valueless, a burden carried by the accused, an ineffectual parent and partner, insipid, stupid, clueless, dependent, immature, unrealistic, crazy, dreary, drugged-out creature. Even the post-mortem photos negate her. It’s as if she never existed in her own right. As if she lived off GBC as a colourless barnacle

    As a member of the jury, how much of that would I accept? Would it occur to me to not accept it? Has the prosecution fleshed out Allison, done her justice? Did prosecution advise the jury that Allison was Miss Queensland? That she’d learned a second language? Has the jury been shown colour-photographs of Allison when alive? Genuinely asking

    It was GBC who mentioned Allison had been world-head of human-resources when employed by Flight Centre

    Allison’s dead. GBC is alive and before the jury. GBC is star of the show. It’s almost all about GBC, with the jury mindful of what may happen to him if they find him guilty. And to decide if he’s guilty or not, the jury must somehow sift mountains of information about tidal-flows, scratches, prescription drugs and their effects, mistresses — and the constant background theme to this entire show – that of depression. Depression, depression, she was depressed, very depressed, disabled by depression – depression on the honeymoon, depression during pregnancy, depression at work, depression throughout the marriage, depression about a boy-child, depression and Kholo …

    If jury-members don’t already have them within their voluminous packets of evidence, it would be nice of the prosecution to provide the jury with colour photos of Allison when alive – same photos we’ve seen and as can be found online: Allison smiling, smiling, smiling and a nice smile at that. Allison fooling around. Allison with her children, friends, family and colleagues

    Otherwise she may remain to the jury as merely incidental in the ongoing, all-consuming preoccupation with GBC’s fate

    Shame Allison’s champions couldn’t each carry a large, colour photo of Allison into court as reminder that she is what this is all about

    Liked by 2 people

    1. Just excellent BB. Unfortunately, under the legal system, it’s not about Allison…it’s about him!

      My theory is that GBC has spent many a night thinking about what had to happen in order to leave as few clues as possible…and how to dispose of incriminating evidence.

      A lot of events which happened after the murder were carried out according to a well rehearsed plan…as the army would say, just like drill.

      Only a few things went wrong…the scratch marks, the leaf matter in the hair, the hair sample in the car and the blood streak for starters.

      What did Mrs Dickie say…”there he was cool as a cucumber”. Of course he was, he had just followed a plan that he’d spent hours and hours thinking about, studying and possibly trialling.

      And didn’t Mrs D infer the place was sterile clean?

      For mine, planning and pre-meditation played a big part in this.

      We may be in a different place if those scratches weren’t there.

      Liked by 3 people

      1. I think it’s reasonable to say that the Dickies were pretty much estranged from GBC and the B-C family for a fairly long time…..which would account for the ‘cool as a cucumber’ remark when everyone else was reporting ‘concern’.

        To me, her comments sounded a little ‘venomous’. Which I can understand considering she’d just lost her daughter and the likely ‘history’ with the B-C’s.

        Same with the ‘sterile’ comment. To me, the house looked like any normal house and all of the Scientific Section Police that inspected the house…..over the course of a week….found no evidence of a ‘clean up’…..nothing.

        Even the 3 girls made no mention of the house suddenly being ‘different’ or smelling funny (bleach etc) and they lived there.

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        1. Yeah … agree The Shadow a rehearsed plan which almost succeeded … except for those scratch marks, leaves and blood in the car.

          BR …the Police only asked certain questions of those girls … there was a whole lot more they didn’t ask to avoid upsetting them further at that point as their mother was missing. When those girls grow up (only 10 more years or so) and can reflect on their own … they may just tell a different story … it’ll all be tucked away in there somewhere … you bet!

          Liked by 1 person

        2. Is it possible that the estrangement could be that the D’s knew there was just something off about Gerard and his family? Because all mums and dads I know, including my own, take a step back when they can see things about the partner that they don’t think is right for their child. The jury could potentially see it that way too, especially the women.

          Liked by 2 people

              1. Thanks again LJC for all your brilliant work. I reckon Mr Fuller could get some tips from you and many of the people on the website. I am very very angry with boring Byrne for his vile comments about mental illness. Snot him as well as GBC and Bwana please. Hope we win today. Hope there are enough people on the jury who have at least half a brain. They probably all went to sleep yesterday anyway and missed all that BS from Byrne the vile boor.

                Liked by 1 person

              2. Yes I was up at 4, went back to bed till just after 5, saw hubby off at 6.30 & then back to bed till 8!! Boredom must have drained us.

                Like

    2. BB this is brilliant!! You had me wishing that Todd Fuller could just read this & take some notes!! Yes you are right! Allison was all of this & so much more!! Please, please, please let justice be done for Allison Baden-Clay today!!

      Liked by 2 people

  44. BB I don’t think the court process has made Allison out to be valueless at all, I understand you’re defending her ‘life’ but I think the process is about her death now sadly, and there’s no getting around it. From what I’ve read I think the prosecution spent a good amount of time describing her achievements both as a woman and a mother, and I can only assume the jury realise that all life is valuable, no matter who you are. Unfortunately the court room relies on facts and the defence have used the ‘fact’ that she was depressed, against her.

    Personally, I just wish she had left that rental house with the overgrown grass… and kept her dignity and her life, leaving Gerard to lie and have affairs all he wants. All the psych appointments in the world won’t fix anything if you keep coming home to the same problem – and he was her problem, constantly lying to her, giving her false hope, manipulating her and everyone around him. Thoroughly exhausting stuff. No wonder it seemed to overwhelm her at times. … I’m sorry the prosecution did not investigate that avenue a little more… perhaps getting in an expert to talk facts and research on how this type of scenario (infidelity) affects women over time, who are struggling in such a marriage and raising children.

    Like

    1. There was evidence presented that suggested that Allison did not want to be alone, indicating that she had become financially dependent upon GBC. yet other evidence suggested she was prepared to go it alone, giving GBC an ultimatum to choose between herself and TMcH.

      What a pity GBC did not have the strength of character to say to Allison that she should go and find someone else to fall in love with as he supposedly said to TMch.

      Like

  45. I’m liking the Prosecutions summing up….. Hopefully being last it will resonate in their minds longer. Thanks LJC2013 for your rundown and thoughts on yesterday. LOoking forward to hearing your take on today…

    Like

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