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