Gerard Baden-Clay Appeal 7th August 2015-UPDATED 31ST AUGUST 2016


Mountains of stuff on here about the tragic death of Allison by her husband Gerard Baden Clay. To catch up here is a link to posts tagged with Allison below

https://aussiecriminals.com.au/?s=alison+baden+clay&submit=Search

ALSO feel free to use the menu up top to get the full picture.

UPDATE 31/08/2016

Gerard Baden-Clay murder conviction reinstated by High Court

Updated 6 minutes ag

Gerard Baden-Clay’s conviction for murdering his wife, Allison, in 2012 will stand, the High Court has ruled.

A Queensland jury convicted Baden-Clay of murder in 2014, but the state’s Court of Appeal last December downgraded it to manslaughter after his lawyers argued it was possible he could have unintentionally killed his wife during an argument.

Allison’s body was found on a creek bank in Brisbane’s west 10 days after she was reported missing on April 20, 2012.

Allison’s long-time friend and spokeswoman for the family, Kerry-Anne Walker, said the “decision comes with both relief and elation”.

“The law has acknowledged what we, who were closest to her, knew from that very morning Allison went missing — that is — that she was murdered,” she said outside the court.

“Gerard Baden-Clay murdered his amazing wife, Allison.”

She said the evidence in the original trial had displayed Gerard’s intent as well as his character.

“Today’s decision brings an end to Gerard’s attempts to smear Allison’s name,” she said.

“If some were in doubt as to his true nature, his behaviour after Allison disappeared and during the trial must have removed that doubt.”

Ms Walker said Allison loved being a wife and a mother, and had worked incredibly hard to do both to the best of her ability.

“Her legacy will be her beautiful three girls who, surrounded now by their memories of Allison and the love and support of Allison’s devoted family, are thriving in their busy lives,” she said.

“All who know them are confident they will go on to achieve great things.

“I am in awe every day of how well Allison’s parents Geoff and Priscilla and her sister Vanessa deal with their day-to-day busy lives.

“The girls are certainly a tribute to them.”

Judgment cites ‘unintentional’ killing hypothesis

In its judgment, the High Court said the Court of Appeal had “erred in concluding that the jury’s verdict of guilty of murder was unreasonable on the basis that the prosecution had failed to exclude the hypothesis that Gerard Baden-Clay unintentionally killed his wife”.

“By grant of special leave, the Crown appealed to the High Court,” the judgment said.

“It was common ground on the appeal that the respondent killed his wife.

“The High Court held that the hypothesis on which the Court of Appeal acted was not available on the evidence.

“In particular, the Court [of Appeal] accepted the respondent’s submission, made for the first time on appeal, that the prosecution had not excluded the hypothesis that there was a physical confrontation between the appellant and his wife in which he delivered a blow which killed her [for example, by the effects of a fall hitting her head against a hard surface] without intending to cause grievous bodily harm.”

Ms Walker also praised the authorities who helped with the case.

“I would like to thank and acknowledge again the Department of Public Prosecutions, the Queensland Police Service and all those that helped with the case,” she said.

“Your tireless work and passion for the truth will never be forgotten and you should be also very pleased with today’s decision.”

 

UPDATE 26/07/16

Gerard Baden-Clay, pictured with wife Allison, is fighting to have his murder charge downgraded to manslaughter.

GERARD Baden-Clay’s “cold-blooded” and “calculated” disposal of his wife Allison’s body, combined with his ongoing lies to police, point to a man more than capable of murder, a court has heard.

The Queensland Director of Public Prosecutions is fighting for the reinstatement of the former Brisbane real estate agent’s murder conviction in the High Court of Australia, after it was controversially downgraded to manslaughter on appeal last year.

The Court of Appeal ruled there was insufficient evidence to support the verdict of murder a Queensland Supreme Court jury reached in 2014, instead substituting manslaughter.

But on Tuesday, Walter Sofronoff, QC, for the Crown, argued that Baden-Clay’s cold-blooded disposal of his wife Allison’s body and the lies he told police and continued to tell throughout his trial made him a man capable of murder.

Mr Sofronoff said Baden-Clay also used one of his three young daughters in an attempt to conceal his guilt, telling her the scratches Allison left on his face as she fought for her life were shaving cuts, which he asked her to apply band aids to.

This image of scratches and cuts on Gerard Baden-Clay’s face was shown in court.Source:Supplied

 

“It’s not just the conduct itself but the character of conduct that might give rise to an inference of intention, Mr Sofronoff argued.

“His preparedness to use his children, one could conclude about him he is someone who is capable of murder.”

Mr Sofronoff argued the Court of Appeal erred when it considered a number of circumstantial factors that could point to an intention to kill Allison in isolation, rather than collectively.

He said pressure was growing on Mr Baden-Clay the night his wife died.

He had, without his wife’s knowledge, recommenced an affair with mistress Toni McHugh, who he had promised to leave his wife for by July 1, 2011, in the days leading up to Allison’s death on April 19, 2012.

He was hundreds of thousands of dollars in debt and had been refused loans by friends and acquaintances in the lead-up to Allison’s death, which had put him in danger of losing his real estate business.

There was also the looming prospect that the day after he killed his wife, she and his mistress were due to cross paths at a Real Estate Institute of Queensland lunch.

He said the Baden-Clays were undergoing marriage counselling and just a week before he killed Allison, he told Ms McHugh he loved her and that he had every intention of standing by his promise to leave Allison by July 1.

“It was clear the defendant had found living with his wife intolerable and unendurable,” Mr Sofronoff said.

“In the case of this woman he made a promise to end his marriage he described as unconditional.

“We have cited in our outline a number of cases that evidence of motive, including evidence that a man’s longing to be with another woman other than his wife could be evidence of intent to murder.”

Interactive crime scene photographs, shown in court during the murder trial, go inside the western Brisbane home, including the main bedroom where Allison was last seen alive.Source:Supplied

The photos were taken by Queensland police officers at the Brookfield Road house four days after Allison was reported missing.Source:Supplied

 

But it was Baden-Clay’s conduct after his wife’s death that most pointed to the killing not being unintentional, Mr Sofronoff said.

Under the cover of darkness, he dumped the body of the mother of his three children in a creek, 14km from the family home.

Forensics experts were unable to determine a cause of death and it is still unknown whether Allison was dead or fatally injured when her body was disposed of.

Baden-Clay hid the continuation of the affair with Ms McHugh from police.

He told them scratches on his face were from a razor, as he had told his daughter, in a bid to give greater credence to the tale.

In fact, medical experts were unanimous in their agreement that there were two sets of marks on his face, one from a razor being dragged across, rather than down, and one most likely inflicted by fingernails.

And when it came to his trial, he continued to maintain he had no idea how his wife died.

“Did you kill your wife?” he was asked.

“No, I did not,” he replied.

“A reasonable jury could conclude (this behaviour) was inconsistent with the notion of a man who unintentionally killed his wife,” Mr Sofronoff said.

For Baden-Clay, whose presence was not required in court on Tuesday, Michael Byrne, QC, argued, as he successfully did on the Court of Appeal that there was insufficient evidence to point to intent to kill.

Unlike in the Court of Appeal, however, at least two of the judges seemed unconvinced.

“There is no evidence available that the accused intended to kill or do grievous bodily harm,” Mr Byrne said.

“All the evidence goes to show is there was an argument, then maybe a fight and she responded physically and she was dead.”

He dismissed the argument his client’s conduct after Allison’s disappearance pointed to him being guilty of intentionally killing her, saying thought there were “aspects of callousness” it did not prove murder.

“It’s important to note there was simply no evidence of violence between them and that came from their three children,” he said.

Justice Patrick Keane, one of the five judges who will decide Baden-Clay’s ultimate fate, appeared unconvinced by the change of tactic from complete denial of involvement in Allison’s death at trial, to admitting there was sufficient evidence to convict on manslaughter at appeal.

“He has had the opportunity to give the evidence, he has given the evidence, it is inconsistent with any notion at all that there was an unintended killing by him,” he said.

“Once he swears the circumstances of events were such the possibility of an unintended killing occurred … the evidence is inconsistent.”

Gerard Baden-Clay’s murder conviction for the death of his wife Allison has been set aside on appeal and a conviction of manslaughter substituted.Source:News Corp Australia

An overwhelming body of evidence points to the fact it was he who took her life — the scratches she left on his face, the foliage from their garden found in her hair and the drops of her blood discovered in the family car he used to drive her 14km to a creek bed, where he dumped her body.

When Allison Baden-Clay was reported missing by her husband on April 20, 2012, suspicion fell almost immediately upon him.

It intensified 10 days later when her body was found by a kayaker on the banks of the Kholo Creek.

It took a further six weeks for detectives investigating the mother-of-three’s death to charge him with her murder, a charge he has denied since.

Baden-Clay continues to deny he had any involvement in his wife’s death. But after a Supreme Court jury found him guilty of murder after a six-week trial in 2014, his defence team mounted a controversial change of tactic in the Court of Appeal, arguing there was sufficient evidence to make a finding of manslaughter but not of murder.

In a sensational ruling in late 2015, the Court of Appeal, led by Queensland’s Chief Justice, Catherine Holmes, agreed with the defence, setting aside the murder conviction and substituting manslaughter.

It prompted a massive public outcry, culminating in a public rally attended by thousands demanding “Justice for Allison”.

In a highly unusual move, the Queensland Director of Public Prosecutions appealed the downgraded conviction in the High Court of Australia.

A five-member judicial bench will hear his argument for reinstatement of the murder conviction and the counter-arguments of Baden-Clay’s defence team.

The High Court has reserved its decision for a date to be set.

Allison’s parents Priscila and Geoff Dickie.Source:News Corp Australia


update 10/07/16

Gerard Baden-Clay: DPP files final documents in murder conviction downgrade appeal

Updated Fri at 6:48pm

The Queensland Director of Public Prosecutions (DPP) has submitted its final documents in the appeal case of convicted wife-killer Gerard Baden-Clay.

Last year, the Queensland Court of Appeal downgraded Baden-Clay’s murder conviction to manslaughter, saying the jury could not have proved beyond reasonable doubt the former real estate agent intended to kill his wife, Allison.

The DPP later lodged an appeal in the High Court against the manslaughter ruling, which it agreed to hear.

Baden-Clay’s lawyers argued there was no direct evidence to suggest their client caused Mrs Baden-Clay’s death or that he did so with intent.

But in reply, the DPP’s documents on Friday said Baden-Clay’s lawyers did not offer any explanation for Allison’s death throughout the murder trial itself and that their argument was that he did not kill her.

They said it was not permissible to now bring up “other possible explanations” for how she might have died.

The full bench of the High Court will now hear the appeal in Brisbane later this month.

 


update 12/05/016

Gerard Baden-Clay: Murder conviction downgrade appeal approved by High Court

Updated 35 minutes ago

The High Court has agreed to hear Queensland prosecutors appeal against the downgrading of Gerard Baden-Clay’s murder conviction for killing his wife Allison.

The court decided today, in Canberra, to hear the appeal, at a date yet to be fixed.

The Director of Public Prosecutions argue Queensland’s Court of Appeal got it wrong when they downgraded the conviction to manslaughter last December, saying there was a strong motive for murder.

The former real estate agent had yearned to be with his mistress, and he stood to gain a life insurance payout, the director said.

Allison’s badly decomposed body was found in Kholo Creek in May 2012, over a week after she disappeared from the family home.

Baden-Clay was jailed for life in 2014 but that was quashed in December.

Allison’s cousin Jodie Dann watched the High Court decision from the public gallery, but would not comment afterwards.

Attorney-General Yvette D’Ath broke news to sitting MPs shortly after the decision was announced, but also would not comment further as the matter was before the courts.

There was huge support for the Director of Prosecutions to appeal, more than 73,000 people signed a petition and thousands rallied in Brisbane’s King George Square when Baden-Clay’s conviction was downgraded in December.

His lawyers argued there was not enough evidence to prove he intentionally killed Allison, who may have fallen and hit her head during an argument.

They then suggested a hypothesis that he covered up the death, by dumping it in a local creek, out of panic.

‘Let justice do its course’

Queensland Law Society president Bill Potts said Queenslanders could be confident the High Court made the right decision.

“This decision represents the best interpretation of the law, unaffected by bias or the relentless press of the 24/7 media cycle,” he said.

“It is important now to allow the final chapter of the legal process to play out according to the practices and procedures of the courts, and without hyperbolic media commentary.

“We need to remember that whatever people think of the result, this is the final act of a tragedy in which three daughters have lost a mother, two parents have lost a daughter, siblings a sister and we should not, as a community, allow this to turn into a sideshow.”

 

From the moment Gerard Baden-Clay killed his wife Allison on April 19, 2012 – accidentally, Queensland’s highest court has now ruled – his focus was on just one thing: self-preservation.
His wife had vanished after going for a walk, he told the television cameras in the days after her disappearance, as he tearfully pleaded for her return.

In truth, he knew exactly where she was.

Under the Kholo Creek bridge, 13 kilometres from their home in Brisbane’s affluent west, where, under the cover of darkness on April 19, he drove her lifeless body and dumped it on the creek bed.

The presence of Allison Baden-Clay’s blood in the family Holden Captiva provided almost irrefutable proof that is what he did, while the scratches she left on his face as she fought him that night told investigators it was he who had killed her.

The foliage from their garden found in her hair told them he had done it at their Brookfield home.

The growing forensic evidence in the case overwhelmingly pointed to his guilt.

But Baden-Clay’s focus never wavered. It was self-preservation above all else.

Rather than confess he accidentally killed Allison after kayakers discovered her body on the creek bank, 10 days after she disappeared, he stood beside their three daughters at her funeral and played the grieving husband.

He protested his innocence when, six weeks later, detectives charged him with her murder and continued his protestations through his subsequent committal hearing and trial.

When Baden-Clay stood before a jury at his murder trial in 2014, he swore, under oath, he did not kill his wife.

Despite the physical evidence pointing to his guilt, the cocky prestige real estate agent who prided himself on his lineage to Scouts founder Lord Robert Baden-Powell had no doubt at the end of it all, he would be a free man.

So, it was a violently shaking Baden-Clay who sat in the Supreme Court dock after his trial jury returned their guilty verdict in 2014 and listened as Justice John Byrne sentenced him to life in jail.

His plan had failed. With a non-parole period of 15 years set, he was facing at least the next 13 years behind bars.

It was a time to try a change of tactic.

Just more than a year later, in the Queensland Court of Appeal, his lawyers publicly conceded for the first time that perhaps their client did kill his wife. Accidentally.

Defence counsel Michael Copley, QC, argued there was sufficient evidence available to conclude Allison died unlawfully but not to thrust it into the category of murder, which indicates some degree of intent.

“There was sufficient evidence available … that he had caused the death and done so unlawfully,” Mr Copley said.

“What evidence was there that elevated the case from unlawful killing to intentional killing?”

Queensland’s Acting Director of Public Prosecutions Michael Byrne, QC argued the extreme lengths Baden-Clay took to cover up his crime and the continual denials he was involved in his wife’s death elevated it out of the realm of manslaughter and into that of murder.

In the end, however, appeal judges Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson had no choice but to agree with the defence argument.

While there was sufficient evidence to point to the now 44-year-old killing his wife of 15 years, the evidence did not prove beyond reasonable doubt that he had intended to do so.

They found the murder conviction was an “unreasonable verdict”.


 

update 01/02/16

DPP appeals Baden-Clay downgrade

Published: 01 February 2016

baden

Queensland DPP lodges submission appealing Gerard Baden-Clay’s downgraded conviction

The Queensland Director of Public Prosecutions (DPP) will today file a submission appealing the downgrade of Gerard Baden-Clay’s conviction from murder to manslaughter.

Baden-Clay was initially sentenced to life in prison for murdering his wife Alison in 2012, but the charge was since downgraded.

Today, the DPP will provide an outline of arguments as to why the High Court should reinstate Baden-Clay’s original murder conviction.

The Courier Mail also released an article today which reveals the opinion of a retired Supreme Court judge, who claims Queensland Court of Appeal “got it wrong”.

“The simple fact is the Court of Appeal got it wrong,” the former Supreme Court judge told the Courier Mail.

The judge’s identity has been concealed to avoid controversy.

More to come.


 

 update 30/12/15

QUEENSLAND’S Director of Public Prosecutions will appeal Gerard Baden-Clay’s manslaughter verdict.

Baden-Clay, who was last year sentenced to life in prison for murdering his wife Allison, had his murder conviction downgraded to manslaughter in a shock appeal ruling earlier this month, sparking community anger.

DPP Michael Byrne QC will make an application to the High Court seeking special leave to appeal the Court of Appeal decision.

The Courier-Mail exclusively revealed yesterday that Mr Byrne had privately told the Queensland Government he will appeal to the High Court to reinstate Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January,” Queensland Attorney-General Yvette D’Ath said in a statement on Wednesday. (scroll down for her full statement)

This will give the DPP 28 days to lodge an outline of argument with the High Court.

The defence will then be given 21 days to outline its argument before the High Court schedules a date to hear the applications.

Mr Byrne had advised Allison’s family of the decision to appeal on Wednesday morning after finalising his decision on Tuesday, Ms D’Ath said.

In its shock ruling, the Court of Appeal argued the jury that convicted Baden-Clay of murder last year couldn’t have known beyond reasonable doubt that he intended to kill Allison.

The decision outraged the community, with more than 100,000 people signing an online petition requesting the Queensland Attorney-General to file an appeal.

Thousands of people have also gathered in Brisbane’s CBD over the past fortnight to protest against the manslaughter verdict

BADEN-CLAY: Case for murder revealed

 

FULL STATEMENT

Queensland Attorney-General Yvette D’Ath said today: “I have been advised that the Director of Public Prosecutions has advised the Dickie family this morning that he will be making an application to the High Court seeking special leave to appeal the recent Court of Appeal decision that saw Gerard Baden-Clay’s murder conviction downgraded to manslaughter. This has been the result of the DPP finalising his decision yesterday.

Thousands have attended a rally to protest the downgrading of Gerard Baden-Clay’s murder conviction.

“I have been advised that the DPP intends to file the application when the High Court registry opens on Monday 4 January 2016. The process then provides the DPP with 28 days to lodge an outline of argument with the High Court. The defence will then have a further 21 days to do the same.

“Subject to these processes being finalised, the High Court will then schedule a date to hear the applications.

“Given this legal process is underway, I will not be making any further comment in relation to this matter.

Gerard Baden-Clay and the high bar for prosecution

Updated about 3 hours ago

How is Gerard Baden-Clay able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death? Arlie Loughnan explains the appeal court’s decision.

The Queensland Court of Appeal has upheld Gerard Baden-Clay’s appeal against conviction for the murder of his wife, Allison Baden-Clay. The court overturned the jury’s verdict that Baden-Clay was guilty of murder, and substituted a conviction of manslaughter for Allison’s death.

From the time of Allison Baden-Clay’s disappearance from her home, and the discovery of her body in April 2012, this case has attracted significant media attention. The crime and the trial coincided with increasing public awareness about family violence in general, and the deaths of women at the hands of their male partners in particular.

All the elements of the Baden-Clay case – the death of a much-loved woman with young children, and a middle-class family struck by infidelity, marriage problems, depression and debt – propelled the case to the front page in newspapers around the country.

Gerard Baden-Clay was tried for murder in 2014. As it was not possible to determine what caused Mrs Baden-Clay’s death, the trial hinged on circumstances surrounding her disappearance and death – the evidence of her blood in her car, the scratches on Gerard Baden-Clay’s face, and his account of his actions at around the time of the crime. A jury convicted Baden-Clay of Allison Baden-Clay’s murder. He was sentenced to life in prison and required to serve a minimum of 15 years’ jail time.

Baden-Clay appealed the decision. Arguing that the jury’s verdict was unreasonable, and questioning the trial judge’s summing up of the evidence, Baden-Clay sought to have his conviction overturned. Baden-Clay claimed that the jury could not have been satisfied to the criminal standard of proof – beyond reasonable doubt – that he had the necessary intent for murder.

In Queensland, murder requires a lethal act, and an intent to kill or commit grievous bodily harm. The issue on appeal was whether the evidence introduced at trial could support the jury’s conclusion that Allison Baden-Clay’s death was murder, not manslaughter – an unlawful killing that falls short of murder.

Allowing Baden-Clay’s appeal, the Queensland Court of Appeal concluded that the prosecution case had not ruled out the possibility that Gerard Baden-Clay killed his wife without intending serious harm, and that he disposed of her body at Kholo Creek, and lied about the causes of the marks on his face to cover up his actions. This meant that the jury’s conclusion that the killing was murder could not be sustained.

Although the finding that Baden-Clay was responsible for his wife’s death has not been questioned, his successful appeal has raised questions about our criminal justice system. It seems hard to understand how Baden-Clay is able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death, and knowing nothing about how her body ended up at the creek.

It’s important to recall that, under our laws, the accused does not have to prove his innocence – it’s up to the prosecution to prove guilt. The presumption of innocence is a cardinal feature of our criminal justice system. It means that the accused person can test the case against him, and that his ‘defence’ can be that the prosecution have not made out the charge against him. This sets a high bar for the prosecution, but it is a protection against wrongful convictions.

Our criminal court system has to strike a balance between two fundamental goals. On the one side is the principle of finality – whereby a trial court’s adjudication of a matter concludes the legal issues for the accused and the victims. On the other side, the court system must also provide for review of any errors made by courts in trial or sentence.

This is where appeal courts come in – reviewing decisions where there may have been a mistake that affected the outcome, and safeguarding the high esteem in which our justice system is held.

The action of an appeal court overturning a jury decision is not that common, and does not cast doubt on the integrity and the value of jury decisions in criminal trials in general. Juries are central to the operation of criminal trials and the involvement of lay people in criminal justice is regarded as a positive feature of our system. Juries participating in criminal trials, and courts of appeal reviewing decision-making, are each key aspects of the legitimacy of our criminal laws and processes.

Arlie Loughnan is Associate Professor in Law at University of Sydney.

 

Major update 8th December 2015.

The day the Justice System proved it is BROKEN. please share your thoughts in the comments section!

 What justice? There’s none for Allison

NOW we know when a woman’s murder is not a murder.

It’s when a man who swore throughout his five-week trial that he had nothing to do with it and gets convicted of murder changes makes an appeal to argue his wife’s death was ‘unintentional’. And wins.

It seems incredible that while Gerard Baden-Clay insisted he had no hand in his wife’s 2012 death during a trial involving hundreds of witness statements, he can say on appeal that he did cause it — by accident — and be believed.

You can’t have it both ways — be completely uninvolved but also have killed someone — but now you can, apparently. What a joke.

Where is the justice in this decision for the dead mother of three young girls? Where are the consequences for a man who may now be free in five years.

The shock felt by those close to the late Mrs Baden-Clay as they learned her husband would get away with manslaughter is echoing across social media as Australians react angrily.

Many are justifiably struggling to believe that Queensland appeal judges found there was not reasonable evidence Baden-Clay intended to kill his wife because it wasn’t proven he meant to do it.

One Twitter user summed up the sentiments of many when he wrote: “That’s one small step for low-life, one giant leap backwards in the fight against domestic violence #endviolenceagainstwomen”.

How disgusting that just a few years is all a woman’s life is worth if the injuries on her body are not bad enough to implicate intent to kill or there’s not enough blood in the house to imply a struggle, or no recorded history of domestic violence.

Newsflash Queensland justice system: Many woman never report abuse, and can you blame them when they see outcomes such as this.

As Australia grapples with an epidemic of violence against women that has claimed an average two women’s lives a week this year, this verdict is an insult to every woman killed by a partner or ex.

It’s a mockery of the pain of relatives of dead women and a message to women living in fear of death at the hands of their partner that the justice system has holes the size of Uluru.

As Australian of the Year, Rosie Batty and former Victorian police chief Ken Lay have kept family violence high in the public consciousness in 2015, prompting grumbles about too much talk of it dominating media.

But with findings like this potentially opening the cell doors after an obscenely short stretch for someone who killed their partner can there ever be enough?

Gerard Baden-Clay may soon be free to resume normal life with the children he caused to be motherless. Allison is still dead.

The fight for real justice for victims of violence against women in Australia must now go up a gear. This finding shames the lot of us.

Gerard Baden-Clay: Murder conviction downgraded to manslaughter over death of wife Allison

Updated 22 minutes ago

Former Brisbane real estate agent Gerard Baden-Clay’s murder conviction for killing his wife Allison has been downgraded to manslaughter.

Court of Appeal Justice Hugh Fraser set aside the murder finding today.

During Baden-Clay’s appeal four months ago, his lawyers argued he panicked and unintentionally killed the mother-of-three during an argument at their home in Brookfield, in Brisbane’s west.

In delivering their findings, the Court of Appeal judges found that while Baden-Clay lied about the cause of the marks on his face and tried to hide his wife’s body, there was a reasonable hypothesis he was innocent of murder.

They found the jury could not be satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved.

Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.

He was convicted last year and jailed for life, with a non-parole period of 15 years.

Baden-Clay’s lawyer Peter Shields said there was immense public interest in the case, and urged the public to read the findings before they criticise the decision.

“They were very considered reasons of a very experienced court,” he said.

“I do think the public understand that it is open justice.

“They can make their own view, based on the facts.”

Allison’s family said they were disappointed by the decision and remained supportive of the original findings of the court.

“[The family] await the legal process to play out in the hope that justice for Allison will be served,” a statement released by the Dickie family said.

“As always, the efforts of the family remain centred around the wellbeing of Allison’s daughters, who now face a further period of uncertainty.”

 FULL JUDGEMENT CAN BE READ BY CLICKING LINK BELOW

http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf


Appeal begins for Gerard Baden-Clay

Lawyers for Gerard Baden-Clay will argue his conviction was ‘unreasonable’

 

LAWYERS for Gerard Baden-Clay will today argue that his conviction for the murder of his wife Allison Baden-Clay should be quashed on the grounds it was ‘unreasonable’.

12.25pm: The appeal hearing has finished and the three judges have reserved their decision. They will give a written judgement, expected within three months.

12.23pm: Mr Copley, for Baden-Clay, said Allison’s blood in her car could have been from “some innocent incident” on another day.

12.21pm: Justice Catherine Holmes put to Mr Byrne the scenario that there had been an argument between Baden-Clay and his wife and that she had fallen, hit her head and died and that he had panicked.

“What’s wrong with that as a reasonable hypothesis,” Justice Holmes said.

Mr Byrne said the trial judge left murder open to the jury because there was such a long period of denials by Baden-Clay including his lengthy court testimony. Mr Byrne has concluded his arguments and defence barrister Michael Copley is addressing the court again.

12.05pm: Michael Byrne QC, the Acting Director of Public Prosecutions said the evidence suggested it was likely Allison was put in the third row of seating of her Holden Captiva and transported to Kholo Creek Bridge after a fatal attack.

“It’s a short series of dots to connect the proposition he drove her there but it is still not one that needed to be proven beyond reasonable doubt.”

He added that if the jury inferred the blood in her car was from after the fatal attack, it indicated there had been an injury to hide that may have been undetectable due to decomposition.

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court wi

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court with defence lawyer Penny White. Source: News Corp Australia

11.55am: Mr Byrne said the lack of conclusive opinion from experts on the finer scratches did not affect the jury’s ability to reach their verdict.

Moving on to the other defence arguments, Mr Byrne went through some of the key evidence against Baden-Clay.

He said the former real estate agent must have known of the possibility his wife and mistress would meet at a conference they were both to attend on the day he reported her missing.

“There are scratches to his face that were not there on the 19th (the day before she was reported missing).

“There is the leaf litter which is in our submission significant.”

The fact there were six different types of leaf all of which could be found in or adjacent to the couple’s property was a telling feature, he said.

When all the factors were put together, it was not necessary for the Crown to show Baden-Clay moved his wife’s body to the bridge for a murder verdict to be open.

11.44am: Gerard’s defence barrister has concluded his arguments and Michael Byrne QC, the Acting Director of Public Prosecutions, has begun addressing the court about the Crown case.

Mr Byrne, addressing the defence grounds for the appeal, said there had been evidence the broader marks on Baden-Clay’s face were older than the finer injuries.

It was open for the jury to accept the broader marks were from fingernails and the finer marks from a razor at a later time, and to infer Baden-Clay had attempted to disguise the scratch marks.

11.32am: Allison Baden-Clay’s death could have been from an unintentional killing arising out of an argument, making a murder conviction unreasonable, her husband Gerard’s defence barrister has told the court.

The argument could have been related to his affair with former staffer Toni McHugh and may have escalated to violence, resulting in the scratches on Baden-Clay’s face.

He was then left with a “dead wife”, and the situation of people knowing about the affair and his promises to Ms McHugh that he would leave his wife by July 1.

“And he’s panicked,” Mr Copley said.

“A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted.

“The possibility is open that everything he did in the days after the killing was attributable to panic.”

11.22am: Continuing his argument that the verdict was unreasonable, defence barrister Michael Copley said the couple’s daughters had not heard any screaming or fighting on the night and no blood was found in the house.

“There were scratches to his face but the contention is and was those scratches don’t reveal anything at all about the intention that he had when he was engaged in some sort of (altercation) with his wife.”

The scratches revealed only that Allison was “close enough” to inflict them and that there was some sort of altercation.

The “fact the doctor can’t determine the cause of death” was strongly in favour of a conclusion the death was other than intentional.

Prosecutors had argued the scratches were inflicted by Allison in self-defence “fighting for her life”.

But there were other possible explanations including that they were inflicted in anger or in the course of a struggle, Mr Copley said.

There was nothing to show if Alison had scratched her husband at the start or an argument or during the middle, with all possibilities open.

11.13am: The defence says the prosecution had asserted there was an accumulation of pressures on Baden-Clay, including from his long-running affair with his former staffer Toni McHugh.

But the evidence did not support that Baden-Clay was going to leave his wife, Mr Copley said.

“He told his wife in 2010 he no longer loved her. But…he didn’t act on the absence of love.

“He stayed in the marriage.”

The affair with Ms McHugh was discovered in 2011 and Baden-Clay still stayed at the home.

“The notion he was moving towards a departure from his wife is not sustainable.”

Prosecutors had also cited the business pressures on Baden-Clay and the fact he had borrowed money from friends and not paid them back.

“Sure there were financial pressures but my contention … is that hadn’t increased dramatically. That hadn’t changed substantially.”

11am: Baden-Clay’s defence barrister has told the court the murder conviction was unreasonable.

“What evidence was there that elevated the case from an unlawful killing to one of an unintentional killing?” Mr Copley said.

He said a premeditated killing had not been alleged, with prosecutors stating “there was uncharacteristic conduct engaged in by my client”.

There was no evidence of prior violence in the relationship and no evidence either party were abusers of illicit drugs or alcohol, he said.

10.50am: The next element of the appeal was that the jury should have been directed they needed to be satisfied beyond reasonable doubt Baden-Clay put his wife’s body at the creek where she was found, before they could rely on that conduct as capable of proving he killed his wife.

Justice Holmes asked Mr Copley: “How do you get there?”

“Why couldn’t you come to the conclusion he was the killer without needing to know how it was the body arrived at the creek?” Justice Holmes said.

“Why couldn’t he have called someone … to aid him to take the body away?”

Gerard Baden-Clay’s father Nigel arrives at court.

Gerard Baden-Clay’s father Nigel arrives at court. Source: News Corp Australia

10.45am: Before moving on to the other grounds of the appeal, Mr Copley concluded that experts had not agreed definitively that the smaller marks on Baden-Clay’s face were caused at a different time and by a different implement.

The jury had been invited to infer guilt from evidence which had not been established, he said.

“The evil of that is for all we know the leading of that circumstance could have … tipped the balance in favour of a verdict of guilt in the minds of some or all of the members of the jury. We just don’t know.”

10.30am: In terms of the timing of when the facial injuries occurred, an expert gave evidence at the trial that he could not separate the various injuries from photos, Mr Copley said,

“If the experts couldn’t say whether those injuries … had been inflicted at a different time … how could the jury have been capable of resolving (the matter)?”

The prosecution had to show the injuries on Baden-Clay’s face were inflicted at different times and by a different implement, otherwise there wasn’t a disguising element, he said.

Justice Catherine Holmes suggested both sides agreed at trial that the smaller red marks on Baden-Clay’s face were razor marks, as Gerard had said he cut himself shaving.

10:20am: Defence barrister Michael Copley QC opened the appeal by discussing injuries on Baden-Clay’s face.

He said prosecutors left it to the jury to conclude he tried to disguise scratches on his face by making further smaller injuries with a razor, and that this was evidence he had murdered his wife.

He says the evidence didn’t establish that the smaller marks on Baden-Clay’s face were made at a different time than larger scratches.

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers P

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers Peter Shields and Penny White. Source: News Corp Australia

Earlier: At least 150 people have gathered in the public gallery of the Banco court, a half an hour before Gerard Baden-Clay’s appeal.

Geoff and Priscilla Dickie, Allison Baden-Clay’s parents, are in the front row with s large family contingent wearing yellow ribbons.


 Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

The Court of Appeal in Brisbane has reserved its decision on a challenge against Gerard Baden-Clay’s murder conviction.

Lawyers appealing against Baden-Clay’s life sentence, with a 15-year non-parole period, for the murder of his wife Allison Baden-Clay in 2012 today said it was possible he unintentionally killed her.

The appeal decision will be handed down at a later date.

Ms Baden-Clay’s parents, Geoff and Priscilla Dickie, were among the 200 people present in court as legal counsel for the former real estate agent appeal on four grounds, namely that:

  • The verdict of murder was unreasonable;
  • A miscarriage of justice occurred because the jury was not directed on evidence relating to the presence of Allison’s blood in the car;
  • The trial judge erred in law in not directing the jury over evidence relating to the placement of Allison’s body at Kholo Creek;
  • The trial judge also erred in leaving to the jury that Baden-Clay attempted to disguise marks on his face by making razor cuts.

Barrister Michael Copley QC, who alongside high-profile solicitor Peter Shields, was representing Baden-Clay, argued the fourth appeal ground first.

There’re no injuries on the body consistent with an intentional killing.

Michael Copley QC, representing Gerard Baden-Clay

Police had noticed scratches on the right-hand side of Baden-Clay’s face when they visited the family’s rented Brookfield home in response to his triple-0 call in April 2012.

Baden-Clay insisted he had cut himself shaving, but experts told the court during the six-week trial, they were more “typical of fingernail scratches” not “a razor blade injury”.

Mr Copley questioned the crown’s claim that scratches on Baden-Clay’s face were signs of Allison fighting for her life.

He said the scratches revealed that Allison had been close enough to scratch her husband and that their relationship was not in good shape.

But he said the marks did not reveal why she scratched him.

Mr Copley said there were no injuries on Allison’s body consistent with an intentional killing, which he said favoured an unintentional killing.

“A jury could not rationally conclude that he murdered his wife based upon the fact he told a lie about how the injuries were inflicted,” he said.

“There’re no injuries on the body consistent with an intentional killing.”

Earlier in the appeal hearing, Mr Copley argued that experts could not say whether two sets of marks on Baden-Clay’s face occurred at different times or were made by different implements, yet the jury was asked to do so.

“The jury was invited to infer a path of guilt to murder on the basis of conduct the evidence did not establish the appellant engaged in,” Mr Copley said.

Prosecutor Michael Byrne, who was acting for the Crown, said an expert did testify at trial that marks to Baden-Clay’s face were done at different times and open to the jury to consider.

He said medical witnesses were entitled to use their common sense and experience, and jurors were entitled to decide for themselves.

Mr Byrne said a lack of conclusive evidence from the experts was not prohibitive for the jury to act on.

‘No evidence that there had ever been violence between the parties’

In arguing the first point of the appeal, that the verdict of murder was unreasonable, Mr Copley said: “There was no evidence in this case that there had ever been violence between the parties.”

Mr Copley said part of the Crown’s argument at trial was that pressure from Baden-Clay’s mistress contributed to Allison’s death.

He said evidence in regard to Baden-Clay’s intentions concerning his wife and mistress were at best equivocal.

He said the notion that Baden-Clay was moving towards a departure from his wife was not sustainable from evidence at trial.

Mr Copley then moved on to financial pressures.

“Sure there were financial pressures … but they hadn’t increased substantially, they hadn’t changed dramatically,” he said.

Allison Baden-Clay was last seen on April 19, 2012.

Her husband reported her missing the next day, sparking a major police and SES search.

Ten days later her body was found on the banks of the Kholo Creek at Anstead.

Suspicion centred on Baden-Clay but it was not until nearly seven weeks later he was arrested and charged.

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

He remains at Wolston Correctional Centre where he has been since last year’s sentencing.

More on this story:

  • Baden-Clay launches appeal against murder conviction
  • Allison Baden-Clay’s family detail their pain and devastation
  • Allison Baden-Clay murder: family members detail pain and devastation in statements to court

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering 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.

    Baden-Clay was charged with murdering his wife and interfering with a corpse, pleading not guilty to both charges.

    And so began a month-long trial involving hundreds of witness statements and garnering massive public interest.

    Take a look back at how Allison Baden-Clay’s disappearance and the resulting murder trial unfolded.

    April 20, 2012

    Gerard Baden-Clay calls police about 7:30am to report his wife missing.

    Police seek public help to find 43-year-old Allison Baden-Clay, reported missing since the previous night.

    Authorities say she was last seen at her house on Brookfield Road wearing grey tracksuit pants and a dark top.

    April 22, 2012

    Inspector Mark Laing confirms Gerard Baden-Clay crashed his car into a bus terminal outside Indooroopilly Shopping Centre.

    April 23, 2012

    A major incident room is set up at Indooroopilly police station for investigation into Allison Baden-Clay’s disappearance.

    Her parents make a public appeal for help to find their daughter.

    Allison’s mother Priscilla Dickie makes an emotional plea to the media.

    “Please, please help us to find our dear Allison,” she said.

    Police ask local residents to search their properties for even the smallest piece of information.

    Superintendent Mark Ainsworth says Allison Baden-Clay’s disappearance is being treated as a missing person case; not a criminal investigation.

    He says Gerard Baden-Clay is not a person of interest.

    Allison Baden-Clay’s father Geoff Dickie praises efforts of police and SES in trying to locate his daughter over the previous weekend.

    “We are overwhelmed by the support in trying to locate Allison,” he said.

    “Please help us because there are three beautiful little girls – of Allison’s – wanting to see their mother as soon as possible.”

    April 24, 2012

    Gerard Baden-Clay speaks to the media outside his house.

    “I’m trying to look after my children at the moment, we’ve got three young girls. We really trust that the police are doing everything they can to find my wife,” he said.

    April 26, 2012

    A prayer vigil is held for Allison.

    Reverend Beverley Bell from the Anglican Parish of Kenmore says it is a difficult time for the community.

    “Just not knowing what’s happened and there’s that sense of helplessness; what can we do?” he said.

    Detectives seize bags of material from the Baden-Clay house and Gerard Baden-Clay’s office.

    April 27, 2012

    Brisbane police step up efforts to find Allison Baden-Clay by setting up a mannequin outside her family home at Brookfield.

    The mannequin is wearing clothing similar to what the 43-year-old was in when she was last seen by her husband.

    Emergency crews widen their search area.

    April 28, 2012

    Allison Baden-Clay has been missing for more than a week.

    Police say they still have few leads despite the major investigation.

    Gerard Baden-Clay releases a brief statement to media thanking the public for their support, saying his priority is the welfare of his wife and their three daughters.

    April 30, 2012

    A canoeist discovers a woman’s body on a creek bank under Kholo Bridge Crossing at Anstead in Brisbane’s west, 11 days after Allison Baden-Clay disappeared.

    Police remove the body and confirm they are now treating Allison Baden-Clay’s disappearance as a homicide investigation.

    Investigators wait for formal identification.

    Superintendent Mark Ainsworth says police are taking seriously the possibility that the body belongs to Allison Baden-Clay and her family is notified.

    “They’re devastated. You can’t explain it any other way,” he said.

    Police appeal for information from anyone who may have seen anything in the area the night she disappeared, including either of the family’s cars.

    May 1, 2012

    Police confirm the body found is that of Allison Baden-Clay.

    Superintendent Mark Ainsworth says her death is officially being treated as a murder investigation.

    “At this stage we are looking at an unlawful homicide investigation – we have been looking at that for some time now; we believe it has reached that level some time ago,” he said.

    Gerard Baden-Clay says he is devastated by the loss of his wife.

    In a statement released by his lawyer, Baden-Clay says his primary concern now is the care of his three daughters.

    He says he just wants to provide his children with some stability and normality given the tragic news and despite “the unrelenting media barrage”.

    A few kilometres away at Kenmore, Baden-Clay’s parents emerge from their home and lower their Australian flag to half mast.

    Neighbours do the same before they all hug each other in grief.

    Meanwhile, a SIM card is discovered in bushland near the search area.

    May 2, 2012

    Police say they are confident they will find the killer of Allison Baden-Clay.

    Investigators say a mobile phone SIM card found at the scene has no link to the case.

    Police say a post-mortem examination on the body will determine the next phase of the investigation.

    Gerard Baden-Clay asks the media for privacy and to let police do their investigations.

    May 10, 2012

    Police are stationed at a roundabout near the Baden-Clays’ Brookfield home.

    Police set up a roadblock on Brookfield Road and speak to drivers, hoping to glean information which may help with their investigation.

    Detectives want to hear from anyone driving in the area the night before Allison Baden-Clay was reported missing.

    May 11, 2012

    A funeral service is held at St Paul’s Anglican Church at Ipswich, west of Brisbane.

    Hundreds of mourners come to pay their respects, including Allison’s immediate family and husband Gerard Baden-Clay.

    Her sister Vanessa Fowler says there are still many questions left unanswered about the circumstances surrounding the 43-year-old’s death.

    “We, your family, pledge to you that we will have these questions answered. We will bring you justice because you deserve nothing less,” she said.

    “Allison, your loss has been felt throughout the entire country by people who do not know you.”

    Mourners are asked to donate to an appeal to support the Baden-Clays’ three young daughters.

    The cause of her death remains unknown.

    May 18, 2012

    Police again say they are confident they will make an arrest over her murder, four weeks after she was reported missing by her husband.

    Police say the killing was not random and the killer was known to Allison but they are yet to make an arrest.

    It is believed police are still awaiting autopsy and toxicology results to confirm her cause of death.

    May 25, 2012

    Police say they are continuing to examine a wide range of evidence.

    May 29, 2012

    Detectives investigating receive the toxicology results but will not release them publicly.

    June 13, 2012

    Gerard Baden-Clay talks to police at the Indooroopilly police station for several hours.

    His lawyers say he is expected to be charged with her murder later tonight. They say he is devastated and will vigorously defend the charge.

    Baden-Clay tells police Allison disappeared after going for a late night walk from their home.

    He is remanded in custody, formally interviewed and charged with murder and interfering with a corpse.

    June 14, 2012

    Gerard Baden-Clay appears in Brisbane Magistrates Court charged with murder, about two months after first reporting his wife missing.

    Prosecution grants a forensic order to allow police to obtain a DNA sample from him.

    His lawyers say the charges will be vigorously defended, and lodge a bail application in the Supreme Court.

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

    Gerard Baden-Clay’s bail application begins in the Supreme Court.

    June 22, 2012

    Gerard Baden-Clay loses his bail application in the Supreme Court with Justice David Boddice saying the accused posed a significant flight risk.

    Prosecutor Danny Boyle earlier argued that Baden-Clay had a financial motive for killing his wife and also cited entries in Allison’s journal suggest the couple may have discussed an affair he had been having with a co-worker.

    Mr Baden-Clay’s barrister, Peter Davis SC, says the Crown’s case is circumstantial and weak.

    June 24, 2012

    A fundraiser is held for Baden-Clay’s three daughters.

    Mike Kaye from the Brookfield Uniting Cricket Club says the fundraiser is important to the family.

    “It’s an opportunity for Allison’s parents Geoff and Priscilla and brothers and sisters to thank the community for their support and also for all those who were out there searching,” he said.

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

    Magistrate Chris Callaghan says he is “flabbergasted” upon hearing it will take five months for police to fully examine the financial affairs of Gerard Baden-Clay.

    The court hears there will be 330 statements tendered to the defence but the prosecution says it will not have a forensic accountant’s report until November.

    The prosecution has been ordered to provide most of the brief of evidence to Baden-Clay’s lawyers within six weeks.

    September 3, 2012

    The matter returns to court where Baden-Clay’s lawyers express frustration that prosecutors still have not provided them with all of the witness statements.

    Prosecutor Danny Boyle tells the court 446 witness statements have already been provided to defence team but five statements, described as crucial, remain outstanding.

    The prosecution is ordered to provide outstanding documents by the end of the week.

    September 5, 2012

    A Supreme Court Judge, Justice Glenn Martin, gives Allison’s father Geoffrey James Dickie temporary control of her estate, including her life insurance policy.

    If Baden-Clay is acquitted of his wife’s murder he will resume his role as executor of her will.

    If he is convicted, Allison’s parents will be able to go back to court for a permanent order granting them control of their daughter’s estate.

    December 14, 2012

    Gerard Baden-Clay’s defence lawyer lodges a bail application in Supreme Court for the second time.

    His lawyer argues the Crown case has been weakened by the results of a post-mortem examination.

    They say it shows Allison Baden-Clay had traces of an anti-depressant drug in her blood – leaving open the possibility that she took her own life.

    But Justice Peter Applegarth dismisses the application, ruling there was no material change of circumstances and the strength of Crown case was unaffected by the results.

    February 6, 2013

    The Federal Court orders nearly $800,000 from two life insurance policies for Allison Baden-Clay will be held in trust by the court.

    Justice John Dowsett agrees the court should hold the money until after Gerard Baden-Clay faces trial.

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

    The Crown alleges Baden-Clay killed his wife because he wanted her insurance payouts to clear his debts and to be with his mistress.

    The court hears his wife had suffered from depression and had used medication to cope and that her marriage was troubled.

    Witnesses tell the court about hearing a woman yell the night Allison disappeared.

    A forensic expert says he believes injuries to Gerard Baden-Clay, which were photographed by police after he reported his wife missing, were caused by fingernail scratches.

    Allison’s friend Kerry Anne Walker is the first of more than 40 witnesses to testify.

    Queensland MP Dr Bruce Flegg tells the court he heard a woman scream on the night before Allison was reported missing.

    Speaking outside the court, Dr Flegg explains his decision not to report it to police that night, saying: “There was nothing to suggest it would be a criminal or police related matter.”

    Dr Flegg says he has known Gerard Baden-Clay “for a long time”.

    A senior Queensland Health forensic expert says some of Baden-Clay’s facial injuries may have been scratch marks but says it is possible some were caused by shaving.

    Two former real estate partners testify Baden-Clay was in debt and was warned to leave his wife or mistress or he would lose their business association.

    Queensland Police Service forensic accountant Kelly Beckett tells court Gerard Baden-Clay’s net financial position was about $70,000 and he owed more than $300,000 to family and friends.

    Baden-Clay’s former mistress Toni McHugh tells the court he told her to lay low in the days after his wife’s disappearance and that he could not afford a divorce.

    His lawyer says he is determined to clear his name.

    Outside court, Baden-Clay’s sister Olivia Walton defends her brother after speaking to the media for the first time.

    “Gerard is an innocent man and I’m here because I continue to support him,” she said.

    Outside court, Baden-Clay’s lawyer Darren Mahony says he believes the cross-examination of 40 witnesses went in his client’s favour.

    “We’re of the view that the evidence against Mr Baden-Clay has been significantly weakened by cross-examination during the court process,” he said.

    December 19, 2013

    Supreme Court Justice James Douglas argues marriage counsellor Ms Carmel Ritchie from Relationships Australia should give evidence at a pre-trial hearing about anything said during counselling sessions.

    Ms Ritchie tries to prevent evidence from the sessions being used in court, arguing it is protected by confidentiality provisions of the Family Law Act.

    February 3-4, 2014

    Gerard Baden-Clay’s re-trial hearing begins in Supreme Court.

    The court hears from pathologist Dr Nathan Milne who conducted the autopsy on Allison Baden-Clay.

    Counsellor Carmel Ritchie also gives evidence, saying Allison told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

    Ms Ritchie tells the court Allison spoke of: her husband’s affair with an employee; how she had confronted him when she found out; and he was now honest and taking responsibility.

    Ms Ritchie also speaks of a separate counselling session with Gerard Baden-Clay where they discussed the affair.

    June 2, 2014

    The pre-trial hearing continues.

    The court hears potential jurors will be polled prior to their selection and will be asked:

  1. If they or their immediate family lived in Anstead, Bellbowrie, Brookfield or Chapel Hill in April 2012;
  2. If they have ever contributed funds relating to the disappearance or death of Allison Baden-Clay;
  3. Whether they have ever expressed a view as to the guilt or innocence of Gerard Baden-Clay.
  • June 9, 2014

    A jury of seven men and five women, plus three reserves, is selected.

    June 10, 2014

    The murder trial begins.

    Gerard Baden-Clay officially pleads not guilty in the Supreme Court to murdering his wife more than two years ago.

    Justice John Byrne tells jury members to ignore all media coverage of the case during the next four weeks.

    July 9, 2014

    After a month-long trial, the prosecution and the defence finish wrapping up their final arguments.

    Justice John Byrne begins summing up the case for the jurors.

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

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251 thoughts on “Gerard Baden-Clay Appeal 7th August 2015-UPDATED 31ST AUGUST 2016

  1. Thanks for making a special thread Robbo. Cheers, matey.

    I’ve started to work up a page as well for those whom accept astrology. http://wp.me/P2Cfe3-449

    What I was pleased to learn was that he had not had any access to his daughters. No visitation, no letters, no nothing. We need this to be his final appeal (although he will have the right to go further if/when this fails) as none of Allison’s life insurance money can be released to support the girl’s further education until all avenues of appeal are exhausted.

    So what can he get out of this appeal? Better working conditions, or a title…

    Liked by 4 people

    • Hi MM…

      Thanks for at least checking in to say so, I so wish we were all on the same board as we see him fall on is sword in a few months.

      I cherish each and every person who ever came here to support the search and subsequent trial in search of justice for this beautiful mum to 3 kids.Maybe we can all gather close to see over the final chapter of this heinous crime. Cheers Robbo

      Your links are and WILL be always welcome here MM any time. There will never be enough ways to get to the truth and you put in a lot of work!

      Liked by 6 people

  2. Does anyone know as yet what grounds GBC is basing his appeal on ?

    I had felt that the Trial niled him, and left no doubts about him being guilty.

    Like

    • No major clues yet as to grounds, Dan. But my understanding is that they may raise issues over the judge’s instruction to the jury regarding the facial scratches, or possibly evidence that should have been excluded. We can only wait and see but I was at the trial and there is no doubt in my mind the judge was fair and equitable to both the prosecution and the defense. He’s guilty, no doubt there! But it will depend on what they bring to the table to fight the conviction :-/

      Liked by 4 people

      • Thanks LJC,

        I wonder how he is funding his appeal, I don’t believe he is able to access the Funds from Allisons Policies, and I doubt his friends would be interested in advancing him further funds as he has already burnt them.

        Perhaps Nigel is selling some of the treasures adorning Skull Manor to fund it.

        Liked by 3 people

    • Given that it was somewhere between Possible and Probable that Nigel was implicated in the Disposal of Evidence, perhaps his conscience has kicked in and caused him to sell Skull Manor in last ditch attempt to clear hls sons name.

      Liked by 2 people

  3. Howdy everyone. You don’t think that maybe nbc and encourage are selling up on the legal counsel that gbc will get off so they shifting countries with insurance money? I hope not

    Liked by 1 person

  4. With the appeal looming I thought I’d stop by once more – nice to ‘see’ all you guys back too!

    It is of course hard to understand how someone can be so brazen that in spite of having been exposed as a greedy and callous wife killer, he still has the gall to try one more time to get away with it. Awful!

    It’s a terrible waste of court time and taxpayer money, but if that’s what has to be done to put the final nail into his coffin – then so be it.

    Hopefully soon Allison’s 3 girls will be declared the only beneficiaries of her estate, and everyone can move on with their lives as best they can under the circumstances. Considering he not only killed a beautiful kind loving woman, but also robbed 3 young girls life-long of their mother, GBC can stay in prison for the rest of his natural life IMO.

    Liked by 3 people

  5. Hello dear wonderful people. I decided to drop by in the hopes of seeing familiar faces. So pleased I did . Appeal tomorrow huh? Brazen has no boundaries.
    The strange thing is, the reason I was thinking about all this again was I was thinking about this site, and it being available to discuss “stuff.”
    I had lived with (was married to) a narcissist when I was young and had escaped many years ago, together with my children. I hadn’t recognized that word Narcissist as such until this matter arrived. However, over the years, I had come to be able to recognize a Narcissist pretty quick. Might be a single sentence. They are also very skilled at lies and manipulating matters to their own ends. It was so wonderful to be able to discuss with like minded firstly here, then also websleuths and support for allison site. It was wonderful to share other people’s stories. Regarding GBC, I could smell this rat from a mile off. (Not the full depths of his depravities, and shamelessness, admittedly. More twists than a rattle snake.)
    Without going into too much detail, the narcissist who was once my husband, took his own life last week.
    He had ceased all maintenance payments when the children were very small. He hadn’t even gone out of his way to contact them.
    Believe it or not, he has a sister who has always, and still sticks up for his behaviour. Even in this matter, she is portraying him as a “private person.” And still making excuses for him.
    To the end, the Narcissist was unable to sympathise or empathise with another person. It was as though they were not the slightest bit important. Irrelevant. Own children included.
    He had another character trait. He was arrogant beyond measure. Looked down on others, as lesser morsals.
    This Narcissist was only ever in love with the one person who could meet his expectations. He was in love with himself.
    Thankyou again for allowing me to share and sometimes vent, here among friends.
    Without this site I would have never ever have shared my story with anyone. It was too painful, too intimate, too personal, too embarrassing. And until I started opening up here, I had no idea how many others shared similar stories.

    Liked by 2 people

    • Hello QCL! Thank you so much for sharing your story with us during this journey, it helped those of us who have not had quite such a close brush with a person of this nature to get a better understanding of the callousness involved and what Allison must have gone through. I sure am sorry that you and your children had this experience, but am indeed very happy that you ‘escaped’!
      Such a pity Allison did not! Justice being served is the best that can now being done for her family – I trust it will, and hopefully swiftly.

      Liked by 4 people

      • To dear RIP Allison. Your wonderful words are like a balm.
        Yes, I too am sorry that Allison didn’t escape. She had everything to live for. He was nothing but a loser. He would have thought nothing about using her towards his own gain.
        Many times I felt as though Allison Dicke (Baden Clay) had an on-line Army of Support though this site, also WS and Support Allison site. The support was and is entirely true and genuine. That Support Army appeared to grow in strength size and understanding.
        Narcissism got exposed. Sociopathy got exposed. The cold hard callousness got exposed. The lies, cheating, fraud, shady dealings all got exposed. The insidious natures of these people were exposed.
        All the “I, My, Me” elements got exposed, (especially by his own mouth), when he was brought to tears with his own eloquence. That long boring speech where he was supposed to be the chief character.
        But in the end, GBC fooled nobody. Only himself.
        Perhaps he wagered that with a jury trial, at least one jury member would fall for his guile. Simon Gittany had not fared too well with a Judge only trial, just prior, despite his manipulations.
        The odd thing is, GBC appears to have believed he could get away with murder. And the money.
        Sometimes I think of an utterly circumspect yet dedicated detective, when asked after the trial, “Would you trust Gerard Baden Clay?”
        The dry reply, “I wouldn’t trust Gerard Baden Clay with my dog!”

        Liked by 3 people

    • Hi Queensland Country Lady. Nice to see you again and hope you and yours are all keeping well

      Like you, I had only heard the word ‘Narcissist’ in connection with Narcissus – the one who was in love with his own reflection in the Greek myths. Then, a few years ago, ‘narcissism’ became a thing. And as with you, the penny finally dropped for millions of us who’d suffered at the machinations of narcissists. Before narcissism was known to us, we referred to it as ‘ego’, remember?

      Along with the term ‘narcissism’ came lists of narcissistic characteristics. And finally, we knew what we’d been dealing with. And understood why we’d never had a chance of ‘fixing’ things up for and with our narcissists, no matter how we tried

      A funny and odd thing happened the other week. A woman began to overtake me as I was walking down the road. We began chatting as if we’d known each other for years, for some reason. She followed me home because she was interested in looking at a unit in the estate where I live. One thing led to another and in the end, she didn’t bother going to see the unit, although she and I talked out in the garden for close to an hour

      She told me her husband had died several months earlier. At first, I murmured my sympathies, as you do. Later in the conversation, she said she was delighted he’d died. It sounds outrageous when written down here, but it emerged perfectly naturally in conversation. She said if he hadn’t died when he did, she would most likely have ended up killing herself just to get away from him. He hadn’t slept with her in over 30 years, apparently. No affection. Not even companionship. Yet he followed her if she dared to go out anywhere. And he was addicted to prostitutes and pornography, she said. A lot of their money had gone to brothels all those years. She said that on his death-bed, he finally apologised to her for ‘being such a bad husband’. She said even then, she’d been unable to forgive him and instead had demanded, ‘ How much? How much of our money did you throw away on prostitutes?’ before walking out of the room. She’d planned a civilized parting moment with him, but when it came down to it she went with honesty and to hell with any more pretence

      When she went to collect his death certificate, she said there was another woman in her later years there who was collecting her recently deceased spouse’s death certificate too. The second woman apparently asked the clerk, ‘Can I change my name while I’m here? I want to get rid of his name as soon as possible’. My new friend, upon hearing that, said, ‘ Me too ! I want to get rid of my old bastard’s name as well ‘.
      Both women got to talking and reached the conclusion they’d had their lives wasted by narcissistic husbands.

      My new friend said narcissists become much, much worse as they grow old. So at least you and your children were spared that.

      She is 72, although she looks at least a decade younger. She’s filled with energy and very intelligent. What a force she could have been if not for the destructive, debilitating effects of her poisonous spouse ! It seems so unfair that so many lives should be destroyed by toxic others.

      Don’t be ashamed or embarrassed about what you’ve had to live through. Your own story could be a twin to my own, including his having no contact with the children, no cards, not even acknowledgement of their turning 21. And through it all, his spinster sisters not only stood by him, they encouraged his nastiness and revelled in the damage he did to us. My mother’s another narcissist, still spewing bile at almost 90. And to top it off is my sister — another one and worse than any I’ve met outside movies about serial killers. We get through it though, don’t we — we and our children. We don’t let them destroy us, just as the Dickie family is standing strong and will get Alison’s children through it. Maybe narcissists are sprinkled through the general population as Nature’s handicapping technique? After all, who knows what we might have achieved without the narcissists to hold us back? Maybe Nature doesn’t want us proceeding too far and hobbles us until others catch up? There has to be a reason. But it would be a step too far, wouldn’t it, if we had to tolerate narcissists in the next world as well. I think I’d really toss the dummy if that were to happen, lol

      Nice to ‘see’ you again, Queensland Country Lady (and all the other regulars here). Keep strong, stay funny. And hey — did you see the recent articles about the apples in jars? I’ve had my first ‘go’ and must remember to keep up the experiment. ‘Science’ suggests thoughts have power (as if we weren’t all aware of that) and suggests those interested in proving it should cut an apple in half and pop each half in a separate, sealed jar. One one jar, you could stick a label saying ‘ Love’, and on the other a label saying ‘Hate’. Well, I chose something a bit less emotive and just put ‘P’ for positive on one jar and ‘N’ for negative on the other. Then, with the Positive Apple Jar before me, I thought of all my life’s happy, uplifting experiences. I let ten minutes go by to clear the air and my head and then with the Negative Apple Jar before me, I remembered some of life’s less happy times. Then I apologised to the Negative Apple and explained to it that it was the sacrificial half-apple which was working in a good cause. The article seemed to say basic ‘Love’ and ‘Hate’ thoughts should be beamed at their respective jars, but I chose to be less literal and a bit more creative. Up to the individual

      I keep the apple-jars in a cupboard, rather than explain it to the family. Plus, I thought it would be better to keep the jars out of general circulation, in case they become influenced by the thoughts and emotions of other members of the family

      Will sound nuts to some no doubt, but have to say, I felt very cleansed, light & positive after unburdening on the poor old Negative Apple. For that reason alone, it’s worth it, I think. And a lot cheaper than alternatives (such as keeping things bottled-up or therapy). Anyway, you might feel like giving it a go as an experiment. And let us know the results !

      Liked by 1 person

      • Wow….how empowering! Some amaazing beautiful beings have shared so much here….it’s certainly been a journey!
        QCL, RIP Allison, BB, I have thoroughly enjoyed your company, along with so many others…. I think it extraordinary, the bonds which have been formed anonymously and sincerely here.
        Only someone like Allison could
        make this happen….
        I feel blessed to have been here with so many beautiful souls xo

        Liked by 1 person

  6. Arms spread wide and hugs all round. Trust everyone is well. We have a legal-eagle in court today, although she expects it just to be legal wrangling.

    As you predicted QCL, what I do elsewhere has grown exponentially. Am ‘in’ the US most days, however keep my Aussie hat on; using a FB group for the researchers to connect and interact.

    Lovely to see y’all… I”ve been in Texas a lot. lol

    Liked by 2 people

  7. Appeal – accidental death??? What the…?
    1. So GBC just ACCIDENTALLY forgot to mention throughout the previous 3 years that he had unintentionally killed his wife and disposed of her body?
    2. He just ACCIDENTALLY forgot to mention Allison not his razor made those very obvious scrsatches on his face? He just ACCIDENTALLY made up caterpillar stories about other marks on his body?
    3. He just ACCIDENTALLY forgot to mention where he (possibly if not probably with assistance?) placed her when the Police enquired about her whereabouts the next day and the entire community was out searching for her for 10 days – a task all except him and his family were interested in doing?
    14. He ACCIDENTALLY forgot to mention what he did with her phone, which just ACCIDENTALLY transmitted from the Brookfield area until its battery ran out, just COINCIDENTALLY keeping the massive search for Allison in this area for a week or so, until DNA evidence against him will have been lost.
    4. He just ACCIDENTALLY became very interested in the topic of ‘pleading the fifth’/self-incrimination, even just before reporting Allison missing?
    5. Allison’s life insurance just COINCIDENTALLY / ACCIDENTALLY nicely covered his massive and insurmountable debt which he had no other way of repaying?
    6. Both GBC and NBC just COINCIDENTALLY / ACCIDENTALLY became very interested in Allion’s life insurance policy, making enquiries in the weeks leading up to her murder.
    7. After her death GBC and NBC just ACCIDENTALLY moved lightning fast to claim her insurance money, just ACCIDENTALLY even before she was formally identified?
    8. In spite of 15 years, 3 children and changing business and financial circumstances, ACCIDENTALLY the only will of Allison’s which could be produced after her death was one drawn up even before their marriage in which Allison named GBC as her sole beneficiary..?
    9. GBC just COINCIDENTALLY / ACCIDENTALLY promised his mistress he would be with her by 1 July 2012.
    10. He remembered to tell everyone what a sound sleeper he was and just ACCIDENTALLY forgot what he heard, saw and especially what he was very busy DOING during the night of 19/20 April 2012?
    11. Allison’s Captiva had just ACCIDENTALLY been cleaned, children’s toys packed in this area, her blood ACCIDENTALLY wiped from some areas, while others were ACCIDENTALLY missed in the dark and/or haste?
    12. NBC was also just COINCIDENTALLY interested in removing the vacuum cleaner and hosepipe from GBC’s property early morning after his daughter in law went missing?
    13. An empty packet of Zoloft was ACCIDENTALLY left on Allison’s dashboard?
    14. He just ACCIDENTALLY forgot all about the truth and scout’s honour?
    15. GBC just ACCIDENTALLY overlooked that the general population including his jury is smart enough to see right through murderous plans and porkies and can recognise a callous, greedy, narcissistic murderer when they see one?

    Liked by 5 people

  8. Hi all ! Here we are again giving this Baden-asshat more attention than he’s worth. Here’s my quick 2 cents after I had a read of the Courier Mail update on the appeal details just now.

    One major flaw I noticed in their appeal was for the judges to consider he could have accidently killed her & the jury didn’t take that into consideration.

    His defense during the trial that was he didn’t kill her (intentionally or unintentionally), he was fast asleep, and she was a depressed mess who went for a walk & died by her own doing or some other party’s doing.

    It’s not reasonable for the jury to have considered that her killed her accidently, because he testified that he didn’t know what happened to her.

    There was just no other verdict to reach than guilty.

    A marriage ending conference the following day, promises the mistress, needing Alison’s insurance payout to pay debts & break even, obvious evidence of choking her out while she fights to free herself (scratches & chest grazing), just to name a few!

    Who is paying for his appeal? Has someone had to sell a house or something lol 😉

    Liked by 4 people

  9. So he forgot to mention over the last 3 years that he accidentally killed his wife, panicked, and hid her body!! Is there no limit to this guy’s ego and dishonesty? What a monumental waste of tax payer dollars and many people’s time. What a slime bag.

    Liked by 2 people

    • Heh heh ! Surprised she didn’t stand up and lambast GBC’s solicitor for daring to suggest her righteous brother was in any way guilty of anything !

      Surprised she has the gall to show her face, let alone trot out the old Purple !

      Like

  10. Maybe the scratches on his face came about via a psychotic caterpillar who decided to go on a rampage and attack poor old Gerard!!! Sob Sob Sob.

    Liked by 1 person

  11. Hi all! Nice to see some of our group check in here. My heart just sinks every time I think of what the Dickie family has had to deal with from the entire BC clan. I will never forget Elaine’s total lack of respect at walking out of court room right after their sick and twisted baby boy was convicted of murdering his wife and mother of his three daughters. But I see half of the ‘purple posse’ was in attenance; Olivia. And of course ol bwana himself Nige. I will never ever forget the disdain of this entire BC family. Spoke volumes throughout this case how bizarre they truly are. I almost want to hold my breathe until final decision is passed down. Hope you are all well including you Rob. Hugs, MR.

    Liked by 4 people

  12. Hey all 🙂
    I’m with you ae…… how can they even consider ‘accidently’. Sheesh…..just stop whining, do your time and stop wasting everyones time……just pathetic!
    Dragging the poor Dickies through this again……mind you, they would hopefully be thinking same……what an idiot!

    Liked by 4 people

  13. Hmmmm Debs….For 3 years this pretender did not say or do anything honest or sincere. He is a USER of people and circumstances, religion likely just one more string in his bow – he will stop at nothing to improve his image, be ‘forgiven’ by religious family/friends …all he wants is to get away with the evil murder he committed. I believe not one word he says and have no doubt he will USE every trick in the book to pull the wool over authorities’ eyes – beware….keep him behind bars where he belongs!

    Liked by 3 people

  14. Hmmm….de ja vu….memories of hospitalisation after driving smack bang into a cement pillar to get only a little bit hurt…..Sporting injury huh? No cars in prison to drive into objects, no aggressive caterpillars, no blunt squiggly edged razors, and no doubt being kept well away from changing light bulbs…….must leave one with limited injury options.
    Hope he was in and out of hospital quickly and is safely back where he belongs.

    Like

  15. It is very interesting to note that the defence’s case in GBC’s appeal was based on the proposition that GBC accidentally killed Alison following a confrontation over the prospect of his wife and mistress meeting the following day, after which he panicked, and subsequently lied to the police about the events as part of his panicking.

    This indicates that even his defence team acknowledge that GBC committed the murder, but are just trying to introduce mitigating circumstances in the hope of reducing the degree of culpability, and the resulting sentence.

    I am left wondering if GBC himself agreed to such grounds for appeal, given his doggedness in sticking to ridiculous fabricated explanations relating to incriminating evidence from the outset and right throughout his trilal.

    I do not see how one can base their entire case on a pack of lies, and then when the lies are not accepted as having any credibility, you turn around and say, O’K, O’K, O’K, alright, yes I had told a pack of lies, but don’t worry about that, Alison’s death was just a little accident, and I panicked big time which caused me to tell all of those porky pies, but now that I have fessed up about the porky pies, can we just have you accept that Alison’s death was no more than a minor accident, for which a minor sentence should have been applied.

    I say rther than being reduced, his sentence should be increased significantly on appeal as he is effectively now acknowledging not only that that he did kill Alison, but also that he lied about every aspect of it right throughout the entire investigation and trial.

    Liked by 2 people

    • I agree 100% Dan!!

      He and his family steadfastly lied about every aspect of what really happened that night (although IMO they all knew very well what happened and likely assisted him), whilst to the rest of the population it was crystal clear that he was guilty as sin. In their haughty world view they had no idea that average Joe would see right through them.

      So he supposedly panicked…..and continued to panic and lie at EVERY opportunity incl under oath for 3 1/2 years until it became quite clear that lying was not helping him get away with her murder, nor getting his grubby hands on her insurance money and the only way to try and still achieve this would be to modify the current lie and claim accidental killing? Arrggh! Makes one sick!

      It is beyond belief that he is expecting people to entertain yet another lie! It was very clearly NOT a spur of the moment killing – it was premeditated involving a lot of planning and careful execution, intended to provide him with freedom and close to a $milion to settle his debt. Disgusting.

      I agree Dan – considering the enormous cost he has been to the state having to defend what we have all known to be lies right from the start, not to mention the huge emotional cost to Allison’s family… Gerard Baden Clay indeed deserves a longer sentence!

      Liked by 1 person

  16. He left his wife and mother of his children to rot and be picked apart on a mud bank. During that time, he whined, postured, contacted his lover and lied as decent people searched high and low for Alison. He deserves a flogging. He deserves to be manacled to the same spot on which Alison lay and he deserves to be left there to rot in his own filth as a disgusted world tosses dog droppings at him

    Liked by 1 person

    • Love your thinking BB. It reminds me of people being placed in Stocks and pelted with eggs etc.

      We could charge the public $ 10.00 a throw raise a fortune for the 3 Girls education and future care.

      Like

  17. It was premeditaed Murder, He knew what he was doing. He went to great lengths to make what he used to take her life.
    Alison is well, and lives on in the Spirit World, as we all will do in the future.My wife who is in the Spirit world is helping her to come to terms.
    Alison has asked that I don’t get in touch with the Police, (The police don’t beleive anyway)
    She is happy to know that the children and her family are coming to terms, she does not want them to go through anymore upheavel.
    Have no worries of what is going to happen to Mr GBC. a lot more that you could ever dream off.
    At a later day ( When I am allowed by Alison) I will transcript her spirit communication and the words that she say’s and requests. Allison is very concerned for her girls, and this is not the time because of their ages and the time factor for the children and her parents. Please rest assured Mr GBC life on this Earth will not be a happy one for the rest of his days, but when he leaves this life, he will have to face Allison, he has to see the grief, he done to Allison, also he has to see the grief he done to his children, her parents, his family, all his people around him, and whe he goes through all that, he will end up in the realm that people like him end up, and it not a nice realm, It not, Hell, there is no such thing as Heaven or Hell, There is just realms of Light, and he is in a very low realm of light, It migt be hard for people to understand my words. I understand. What I am telling you is the truth. I live in the UK. When this lady came through that my wife in Spirit was helping, I had to do a lot of searching and investigating, I could of just took my message from my wife as she sent me her Love and that she was helping a lady that was murdered, my wife has helped , 4 murder victims up to date, she helps them in there passing over, because they come over in not nice conditions. How would I who lives in UK, know anything about what goes on in a little town in Australia, it a big place, I have things that go on in my own small town here in UK, I have no idea what goes on, One of the murder victims she helped a few months back, came from my home town, I knew nothing off it, just headlines in a paper, but when my wife gives me a message to say she helping, then I am learning of what happens when we all pass from this life. One of the most important thing to remember, No One in the Spirit world is RIP, they all to busy living their lives.
    It is only the Living that use the word DEATH, The persons that have taken there last breath on this Earth, there next breath they are till very much alive, only they in a different realm of existence. There is evidence everywhere, it all around you, you just have to look for it, it is all hidden from you. From the minute you where bornm to the moment you pass from this Earth, you have beeen, lied too, mind controlled, and treated like sheeple. People cant even see what is going on in there own skies, whether it in broad daylight, or the night sky.
    Have no worries about Mr GBC, he has a lot more to come for him yet, more than anyone could dream up or think about.
    Aho, mitkuye oysain
    Tom

    Liked by 1 person

      • Hi Itskareny
        There is no death
        Life is eternal
        We just move into another state of existance.
        You live a life, not far removed from the one you will be leaving. You take with you, your memories, your knowledge.
        You will end up in the same realm as others like yourselve.
        You are made up of LIGHT, Light is energy, Love is Energy.
        Not your run of the day love, I love that car, i love that house, I love to cook this or that. True Love is Energy.
        Thought is the most powerful tool humanity has
        So living in your new life you will be busy, busy as much as you want to be, There is no RIP in some grave yard, that is just body remains, There finished with. Everyone leaves their body atthe time of passing. Everyone has to understand they are more than a body. You are more than what you think you are. You are emortal, You can have a good rest if you want, You can have your peae time, you may get bored only because you chose boredom. But life in the Spirit Realms, there is no time for boredom.
        Anyone who says to you, When your Dead your Dead sport.
        Look them straight in the eye and say these words
        YOU WILL BE THE FIRST
        It is only the peoples of this earth that use the words
        Dead
        The living of the so called dead as they are often called, are so much alive and living wonderful lives, well the ones with much Light are. Those like Mr GBC and peoples like him, live in darker Realms , with not much Light, but, they all, in them darker realms can learn to increase their light and move out from them realms.
        Peoples of other worlds know this truth, people of this earth, well I’m afraid, we are the dumbest in the universe.
        We are the only beings in this universe that destroy the very planet we live on all for the sake of chasing little bits of paper with lovely little pictures and small numbers to go into debt to be controlled by banksters that print them little bits of paper to buy crap that we don’t even need, and after 5 minutes get bored with the little toys……lol.
        There is no death.
        The truth is out there, your country, Australia, it’s full of the truth, it all around you.
        You wont have time to RIP, because you will be to busy enjoying yourself.
        Every single person that you have ever known that has walked this earth, you will see again, if you want to. Every single person on this earth that you know that will still be walking this earth when you have left before them, You will see again when it there time to return home to Spirit Realms.
        There is nothing else.Those who think that when their time comes that, that’s it, it all finished???? Sorry, they have some answers to give as to how they just spent their last, 20.30,40,50,or how many years they where here. No use giving the answer, and it is the most famous first words that Spirit hear when a new arrival turns up.
        I NEVER KNEW THIS EXISTED, THEY USED TO TALK ABOUT IT, I JUST THOUGHT THEY WHERE DIN-A-LINGS Same old words. Next words, how can I tell my love ones I have just left that this exists. They have to meet people like me, to pass on their message to people like themselves that dont know it exists, and don’t want to know.
        I get called all sorts of names, but I laugh the last laugh.
        Oh, there is no Heaven, No hell, No religions, No angels, No Gods, they are all manmade controll systems ruled by fear.
        Fear nothing, You are emortal .Karen Y
        You cant, and you will never be destroyed, You are energy.
        You are Light.
        One big ball of LOVE, LIGHT, ENERGY.
        Live by posative loving thoughts for everyone and everything around, you, part of you.
        Because we are all part of each other. we are part of the whole. Never forget these words you have read, for with this knowledge, you have now just increased your Light, you have earned the level of the realm of light you will live on in the Spirit realms.
        Now share your knowledge, and if we all lived with his knowledge , just think how our world and planet could and should be,
        Love and best wishes Karen Y
        Tom.

        Liked by 1 person

  18. Decision on appeal was reserved and expected to be nnounced after approx 3 Months, so we should hear the outcome soon.

    I expect it will be dismissed, as the case was very high profile, and I cannot see the judge involved taking any risks with the process of advising the jury, and leaving any room for an appeal based on his process.

    Looking forward to the outcome.

    Like

  19. He should be asked to plead guilty or not guilty one manslaughter charges, as well as to additional charges of Perjury.

    My Guess is if given the opportunity to Plead Guilty to the the Manslaughter Charge, he would still plead Not Guilty.

    We can only hope that the sentence remains much the same.

    Like

      • It was premeditated, and he knows it.He is lieing through his back teeth. I know how he done it,
        I’m trying to find a way to get it to come out, without Alisons girls and family being hurt and put through a trial all over again. He is going to have to admit it himself, I am trying to work out a way of him seeing what he used to kill her. His face and reactions will tell the answer, and at the same time, frighten the hell out of him. He knows there is ony 2 people that know what he done, He thinks the other person cant talk because he thinks the when your dead your dead. How wrong he is, and how wrong is so many other people in this world. I will ask to get a message to Alison and then it will be up to her what she wants to do next. She knows more of what is in store for him.
        No one escapes divine justice, no one escapes natural law.
        No one can pardon. He will get his just reward, what he sowed he will reep, and it not a very nice place where he is going to end up in.
        I know this subjet is not for everyone, I know people thinks it dumb, I know there is not many believers. I am not a believer. I only go on evidence, There is no death, Life is eternal. It is ony the living that say people are dead, the so called dead as they are kept being told they are, are very much alive, but just in another realm, and it not very far from all of you. Don’t for get one thing. The only things you know, is what the people in control want you to know and have you in a mind controlled, from the moment you born, to your education system, into your work styles, just fit in, don’t think for yourselves, just take all that you have been told by the media, I have seen it all in this website.A lot of people need to wake up, and stop being sheeple.
        Kind regards
        Tom from UK

        Liked by 1 person

      • In answer to your question Robbo…..no. A charge of ‘Murder’ can have 3 results. 1. Guilty of Murder. 2. Not Guilty of Murder but guilty of Manslaughter 3. Not Guilty.

        The Appeals Crt have just changed the result of the original Trial. No need for another Trial. It can still go to the High Crt of course, but not automatically. It has to have ‘merit’ to get there. Anyhow…it was Qld’s top 3 Justices who made the 3-0 decision including the Chief Justice and one of the most respected Justices on the Bench (Fraser). The Crown may appeal but it will only be to appease the general public.

        Liked by 1 person

  20. Can’t fathom just how much this system of ‘the law’ has failed. It is unconscionable that a man who could behave in such a way while the mother of his three daughters lay rotting on a creek bed for nearly two weeks will almost walk away from taking her life. He wanted her gone and couldn’t move on quick enough once Allison was no longer with us. The judgement was like reading some piece of comedy. Absolutely shattered for those who worked so hard to put that piece of fifth behind bars in the first place and for Allisons dear, suffering family. Send them light and love.

    Liked by 1 person

  21. The Judgement is certainly sound and time will tell what sort of sentence get’s handed down for the Manslaughter. Unfortunately for the Prosecution, ‘hypothesising’ by the Defence isn’t an offence and the Prosecution does it as an art form anyway when they’re making their allegations.

    I’d say he’ll wind up with about 12 which means an SVO and a requirement to do 80% and he’s done about 4, so roughly 4-5 to go. He’ll also be on his way to a Low (No) Security farm as a part of the Corrective Services policy of thirds….one third ‘High’, one third ‘Residential’, one third Low Sec. He’ll be out wandering the streets in a community anyday.

    Like

  22. As far as Perjury etc goes, it’s got to be proven that he’s lied under oath. The original Jury decision as well as this current one is just based on ‘beyond a reasonable doubt’. Doesn’t quite get there for Perjury and ‘proof’.

    Like

    • But it’s been proven he lied about the shaving cuts, lied about leaving the girls at home, lied about not knowing where she was… Surely that constitutes perjury if the new finding is based on him accidentally killing her during a fight? Surely? If not, the system is beyond a joke.

      Liked by 1 person

      • Everything was pretty much decided ‘beyond the reasonable doubt’…he said crazed caterpillars attacked him after a bout of frenetic shaving….others said they ‘looked like’ fingernail marks. Not quiet ‘proof’. Hence…no lying….just not believing him.

        Like

        • Even though 4 (I think it was) doctors testified under oath they were ‘more than likely’ fingernail scratches? God I can’t believe this. If I trawled through that transcript, I know I could find lies. He lied to cover his lies on the stand. This is hurting my brain. Argh.

          Liked by 2 people

          • Yeah….don’t give yourself an ulcer. He may have slipped up in a couple of spots but he’d escape that as ‘poor recollection’. Not may people get done for Perjury….exceptionally hard to prove that it’s not poor memory, different opinion, ‘mis-spoke’ (word a word!) etc.

            A Doctors ‘expert opinion’ is exactly that….an opinion.

            Like

      • Hi LCJ

        I agree re the perjury. I consider that he should not be able to benefit from the reduction of the Charge from Murder to Manslaughter without admitting to the Manslaughter.

        As it stands, he is facing re-sentencing based on a lesser charge, without having ever admitted any guilt for any charge, and may well be able to appeal the reduced charge and/or sentence.

        Hopefully his fellow inmates will pass their own judgement and sentence.

        Liked by 1 person

        • A Jury could have found him guilty of Manslaughter without him ever admitting it , which we know they didn’t but they could have….which is what the Appeals Crt has just done.

          Like

  23. Ok I feel like someone just hit me in the stomach..hard. I thought I must be hallucinating when I read the judgement on appeal. For the life of me it does not make any sense. How can one intentionally cover up killing your wife intentionally throwing her body down an embankment i tentionally hoping she deco poses u noticed, lie repeatedly about killing disposal, allow your own three children to go through relentless agony and despair, allow the state to spend millions on a trial due to intentional lieing….I could go on and on. When Shields states the public should read the facts; well Ger-red’s consistent persistent lies are bloody facts. And we also know that Daddy/Nige helped him move Allison to the creek. That boy can’t change his socks without asking help from Mummy and Daddy. But no charges of course. When I think about what the Dickie’s and close family friends have gone through I could literally vomit. This is Australia’s ‘Casey Anthony’ case. That SOB and his family lied manipulated intimidated ridiculed Allison’s family before and during trial. They tarnished Allison’s life with their histronics at trial fully knowing that their ‘golden boy’ killed his wife threw away her body in the hopes it would wash away. Then cold heartedly got up a few hours later showered shaved got dressed in clean shirt tie cuff links and started greeting the police and family like he was hosting an open house. Even offering his dead wife’s mother a cup of tea in a good china cup. Panic my azz. The police have said he was calm and emotions in tact. When you panic you perspire talk too much too fast and literally appear somewhat unhinged. I must stop now as when I think of this animal’s multiple lies conniving and downright cold blooded killer tactics to avoid being found out I could scream. No sleep tonight as I weep for three little girls Mr & Mrs Dickie extended family friends and fellow supporters. This can’t be happening. No justice imo. So many questions so few answers. Senior Baden Clay’s have gotten priviledged access since day one. Begs to ask why they sold their house. Bribes can be costly.

    Liked by 3 people

      • Thanks Chris. I just can’t believe what has happened. It feels like an ‘Open Season’ invitation on abuse of women. Just don’t show that you ‘intend’ to kill your spouse or partner and you are good to go on getting rid. The definition of murder needs to be changed in Queensland asap.

        Liked by 3 people

        • You’d think there’d be more outrage about the McCulkin murders that’s currently in the news. Mother murdered and 2 young daughters raped then murdered. Maybe they should have all gone to Ballet classes and had a favourite colour and been a Miss Surf Girl.

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  24. He may have done all of those things, but the Crown never proved ‘Intent’ to kill….which is what the Appeals Crt (3 – 0) decided. No ‘intent’ = no Murder.

    Like

  25. I suppose the easiest way to think about things like the scratches is what’s needed to ‘prove’ they were her fingernails that did it….and was that evidence given.

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  26. I think the ‘scratches’ are going to be the exact things that will save GBC a lot of years when the sentencing submissions are put together. If there was a ‘plan’ put together to murder her, it’d be the poorest plan in the history of mankind if we’re supposed to believe that he could manipulate her to do anything.

    The scratches show very plainly that she stood in front of him and within arms length gave it to him. (Probably deservedly)…..and then things escalated. There’s also plenty of evidence that she’d been to the assorted Counsellors who’ve been telling her to ‘be strong’, ‘stand up’ etc etc and she recorded all of this in her diary.

    In short, the scratches show an assault….maybe defensive , may be aggressive. Certainly not expected from any cowardly/dastardly plan though.

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      • Thanks Robbo…I like unique.
        I did say all along that I thought he killed her, just didn’t murder her because of the lack of evidence. Being an arsehole and an adulterer are about the only 2 things that have been proven and if people went to jail for that we’d have huge swathes of every suburb in Australia empty.

        Even ‘liar’ is opinion only. Did he kill her?….the “Cause of death” is unknown. Did he dispose of her body?….no proof that HE did. All just speculation and ‘beyond a reasonable doubt’….not definitive.

        What’s most interesting is how the Judiciary will view the ongoing Trial by Media. I’d say ‘not well’. Those 3 Appeals Crt Justices are very senior and not known to cave to popular opinion.

        I’d say they view the entire circus with distaste including the cheesy Police Press Conference with the “I wouldn’t trust him to walk my dog” comment by the lead Cop delivered on the steps of the Court. All cheap theatre amidst calls to ‘respect Allison’…..yeah right.

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  27. So, If he showed no remorse and continued with the charade …..
    meanwhile, biding time to dissolve evidence of cause of death, dna , constant denial for so long to impede investigation….surely that has to bring the highest sentence for manslaughter?

    Liked by 1 person

    • Milly, the highest sentence for Manslaughter in Qld is ‘Life’. Unfortunately the Courts work with the current ‘range’ for sentencing to avoid appeals against severity of sentence.

      The current ‘range’ for Manslaughter is about 7 to 15 years and any sentence within the ‘range’ has to fit the circumstances and severity of the crime.

      Again, we’ve got no Cause of Death, no obvious repeated trauma, no Criminal History, and generally (yep) a reasonably upstanding member of society (disregarding his affairs which are his and his wifes business). His business was struggling and he was going broke….welcome to the world of small business everywhere.

      For these reasons they won’t give him ‘Life’….which is out of the range anyway, nor will they give him the ‘top’ of within the range. This offence doesn’t come anywhere near some of the worst Manslaughter cases. Everyone “Loving Allison” won’t be considered and it infers that nobody loved all of the previous victims which is a particularly crappy thought.

      So…..they’ll give him over 10 to keep everyone happy with the 80% to do deal and an SVO Order…I’m saying 12 as a top, which means about 9 to do…..he’s done about 4…..5 to go to Parole.

      There are FAR worse Manslaughter cases than this but didn’t involve a Mum from Kenmore.

      Like

        • You know Niquenoze, you could always just provide intelligent opinion to counter my argument instead of “LA LA LA LA LA….go away”

          Three of the States most senior Judges have just delivered a finding not supporting what you say…..not all that keen on actual ‘Justice’, just a bit of vengeance?

          Liked by 2 people

        • niquenoze, this page isn’t the ABC support page, it’s the Appeal proceedings of GBC page on a website that discusses Australian criminal cases – so you should expect to read people discussing all aspects of this appeal.

          I’m disappointed by your uncivilized comment. BR always words his/her posts respectfully by discussing aspects of the GBC case from a legal perspective.

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  28. What will be the next challenge for all concerned (if this Appeal stands that is) is the Estate.
    Murder ruled him out but ‘accident’ might rule him back in with some fancy argument.

    Like

    • No, the forfeiture rule will prevail with both the estate and the life insurance policy. The forfeiture rule prevents parties responsible for a death (murder or manslaughter) profiting from a death.

      If he was found guilty of incapacitated manslaughter (through mental illness) then that would different story. GBC really needed to be completely cleared or at least found guilty of manslaughter in an incapacitated state.

      He will still use up his parent’s money to try though.. He has no shame..

      “Whilst other states have implemented legislation to modify the impact of the Forfeiture Rule, in Queensland the rule applies strictly. Further, the guilt of an offender is determined ‘on the balance of probabilities’ and not on the higher criminal standard of proof of ‘beyond reasonable doubt’. Interestingly this means that the rule can still apply where an offender has been acquitted or never even tried in criminal proceedings” (Bell Legal 2012)

      Source: http://belllegal.com.au/forfeiture-rule-happens-beneficiary-responsible-will-makers-death/#sthash.aKqb3loj.dpuf

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  29. Name and shame the ‘judges’ who came up with this fiction.

    Simple solution to nab these killers who allow the body to decompose so a cause of death can never be ascertained:
    15 years for unlawful disposal of a body.
    15 years for anyone (including defence lawyers) who fail to report a death (or any similar event) to the authorities at he earliest opportunity.
    15 years for misleading police…..

    There are many other ways of closing the loopholes that killers, and their lawyers, use to get away with murder.

    Like

    • The Judges names are on the front page of their published decision… Chief Justice Catherine Holmes, Supreme Crt Judge Hugh Fraser, Supreme Court Judge Robert Gotterson.

      Like

      • Job for life, zero accountability, no performance reviews, massive pay and perks…….

        Courts and the injustice system, are a much bigger problem than individual criminals.

        It’s not only criminal courts that abuse the innocent, it’s civil as well, in fact anything involving the legal system.

        Any innocent person who has had the misfortune to be involved in court proceedings never recovers, that’s why so many people choose not to report or proceed with giving evidence.

        I know if I was raped I would be very unlikely to put myself through the trauma of giving evidence and being abused by defence lawyers relentlessly until they broke me, all under the smug guidance of an indifferent judge.

        The only time the general public get to see how appalling the system is, is these high profile cases, sadly there are thousands of traumatic injustices every day.

        Lawyers have all the power, money, arrogance, indifference, influence ….. victims and the innocent are a source of entertainment and income, collateral damage that few care about.

        Seems to me the chance of anything improving are ….zero…

        Sick to see lawyers acting for Bailey and Cowan for free, imagine the chances of a decent person getting a free legal team at their beck and call.

        Who will be next to get off…..

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        • It is an imperfect system, but what system would you replace it with?

          I don’t think anyone gets much from Legal Aid at the end of the day simply because they have very little funding.

          If you talk about ‘weighting of resources’ in Criminal cases, the system is heavily weighted to the Complainant/Victim between the DPP, Police, Health Dept, Forensic Services etc etc. A massive imbalance.

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          • If the system can’t be changed or improved (and it won’t be) woman (and others) have no alternative but to accept getting abused, raped and/or murdered is normal and acceptable and stop moaning.

            We all have to accept that most offenders will get off, or at least get minimal punishment, and society will get minimal protection.

            I know what can happen and I no-one is interested in victims. I am careful of my movements, never drink, wear running shoes, maintain my vigilance and do everything I can to avoid getting hurt as I know the only person who can protect to me is me.

            Women must accept how easily they can get hurt and change their behaviour, there is no chance of changing the behaviours of offenders, and the system that loves them, and hates you.

            Work out strategies to protect yourself, have a plan. Never ever think a violent, or abusive man, will change, or you can ever be safe around them, that delusion will get you (or your pets or children) killed.

            Be proactive, go to the gym, take self-defence classes if you can find them. Educate yourself about the danger signs….. act before its to late, do not risk your life to make a political statement.

            The PM can make as many speeches as he likes, Rosie Batty can be awarded medals, we can have commissions, reports, throw millions of dollars at gestures, nothing will change, women must raise their own awareness and protect themselves, unless they want to be another (quickly forgotten) statistic.

            Phil Cleary’s (now there is good man) sister was murdered over 25 years ago. Phil Cleary has campaigned on behalf of victims since then, despite his commitment and ability nothing has changed, if anything it’s got better – for male offenders, and their lawyers of course.

            Any bets on who the next one to get off will be??

            Liked by 1 person

            • It’s actually got worse for Offenders. Back in the 70’s through to the 90’s (and probably earlier) punishments for Unlawfully Killing as a result of a Domestic were commonly 12 months to 2 years, because the Courts weren’t afraid to contend that ‘Domestics’ take 2 to tango, which is what they nearly always are.

              In the current climate, Politicians will not talk about how any domestic dispute actually commenced…..and by whom. Or, which parties initiated what part of the assault.

              That’s why there doesn’t appear to be an end. Nobody will discuss the hard questions and look at both parties contribution to the argument.

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              • Well well well takes two to tango.

                More evidence why women need to be so careful associating with any man in any circumstances.

                You are putting yourself in grave danger, all you have to do to be dead is look at some poor little ‘man’ with the wrong expression, fail to laugh at his ‘jokes’, forget to tell him fabulous he is often enough, burn his toast….any slight (real or imagined) will mean you deserve to be beaten or murdered.

                There are decent men out there but they are very hard to find in this country.

                For the present generation of adult women its to late, your fate is sealed. If you are in a position where you are trapped with a bad ‘man’ its too late, you may be dead within the next year, alternatively you will be walking on egg shells and living broken in fear for the rest of your life.

                If you can run…run…

                The next generation must learn to protect themselves, do not get over involved with any man until you have financial independence, that will make it so much easier to escape if you need to. Become self employed if you can, that will offer protection from workplace abuse.

                Do not have children until you are totally sure the prospective father will not kill you if you forget to pick up his dry cleaning, or glance at another man.

                Men will not change, male privilidge will not change, male violence will not change.

                Quote from inmate in Auckland prison ‘…it’s my wife’s fault I’m here, she made me kill her…’ That would be funny except it’s true, killers and abusers of women usually blame their victim for their situation.

                Of course these criminals learn the ‘right’ script for the delusional ‘rehab’ industry and the parole board.

                Women and girls – your only hope is you.

                Tele movie ‘Refern Now’ should be compulsory viewing for all girls.

                Women I fear for you. I beg you to get real and take steps to protect yourself.

                Liked by 1 person

  30. The law is meant to protect the innocent, hence the complexity of evidence etc. However, as is often the case, it seems to tilt in favour of the guilty. I am puzzled that GBC could say during the trial that he had nothing to do with Allison’s death, and yet now he says “I didn’t mean to kill her”… How does that work? Personally, I believe the scratches were made as he strangled her. I believe he killed her in a fit of rage as he was confronted by his unravelling web of lies and deceit. I know this means little now.

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  31. I’m not quite sure what the organisers of the rally (this coming Friday) are hoping to achieve.
    At the moment GBC has been convicted of an offence carrying Life imprisonment. If they’re hoping for a re-trial through a High Crt Appeal it’s back to square one with 3 potential outcomes 1. Guilty of Murder (and the Court of Appeal has already said that ‘accident’ was a possibility) 2. Guilty of Manslaughter. 3. Not Guilty.

    I think I’d be hanging onto what they’ve already got.

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    • Because they’re angry and giving their signal to our society that GBC’s behaviour isn’t acceptable, and that violence against women is unacceptable despite what a court rules.

      If I lived in Brisbane I would be joining them.

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  32. P.s. If they do come up with ‘accident’ after a domestic and then charge him with ‘Interfering with a corpse’…..it’s a Misdeameanour with a max 2 years.

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  33. Ok so I’ve been here looking for the peitition: http://doingit4allison.com

    but I found it here: https://www.change.org/p/qld-acting-attorney-general-cameron-dick-appeal-the-decision-reducing-gerard-baden-clay-s-murder-conviction-to-manslaughter

    76,721 – Guess to those that state that this appeal result was inevitable due to the ‘law’ – that may be true and we can all thank f*** this public outcry is also an inevitable avenue of law

    Liked by 1 person

  34. It will be interesting to see what will happen if the High Court (as a result of the Public outcry) orders a re-trial.
    Where will they find anyone who hasn’t been touched by the case?
    They could do a Judge only Trial…..we’ve already seen what the top 3 Judges in Qld think.

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  35. BR, I do not agree about there being no sign of intent to kill Allison. I think the fact that he could not afford to pay his phone bill but made certain Allison’s insurance was paid up (huh?), and that he and his father started making enquiries about her insurance weeks before her death, him promising his mistress he would be out of debt and ‘hers’ by a set date only weeks hence, neither of which could have happened unless he got a $million from somewhere (Allison’s insurance being the only such possibility) and got rid of his wife within weeks. It is obvious to me that killing Allison was part of an awful selfish, callous, greedy plan.

    Further to this he may have fumbled slightly here and there, but really ALL his behaviour after her death smacked of a premeditated plan in execution – NOT of being panicked! When did anyone ever see ANY sign of panic? NONE! All cool calm and collected, business as usual, his life with Allison left behind immediately, even a portrait of them removed, him moving on at lightning speed – the behaviour of premeditated murder…..even to the point of him and his father claiming Allison’s insurance before she was even identified.

    Notice how at all the key events from planning through to execution his father was involved? Hmmmm… I still wonder about that face time call in the middle of the night which at some point we were suddenly told was a complete ‘error’ and did not exist. I never quite believed that such a very specific record of communication, coincidentally with not a random wrong number but his father’s phone right around the time Allison was killed, could be a complete mistake. Something not right here either. For some reason this info was suppressed….maybe better to focus on getting the main murderer in jail than struggling to prove the actions of an accomplice…?

    Anyway why would his ‘panic’ lie (yet another one!) be believed, but ALL of what he said, promised, and did since day 1 should be overlooked? Makes NO sense! I smell a rat….

    As for perjury he told lie upon lie upon lie.Still is now. Honestly, this appeal result is not justice!! It is VERY DISAPPOINTING and plain wrong. It smacks of money talking somewhere…or is it a free mason cover-up as people posted they feared may happen earlier on? Something sure does not seem right here…..It has rocked my faith in our justice system. I sincerely hope this decision can be reviewed. Shocking!

    Like

    • RIP Allison, I agree that these things showed some possible Intent, but just not enough to prove that they were the only things at play in this relationship.
      The Insurance – v- Other Bills….People generally will keep their Insurance payments up at the expense of other bills…..that’s just the ‘hold’ that Insurance has over you.

      He made an enquiry in the days after her disappearance about the money…..OK, that would be expected. We heard that the Police suspected him from the first time they saw the scratches and from that point on they were treating him like a suspect (fair enough). He contacted a Solicitor (fair enough). The first thing a Solicitor would say to him is “We require $50,000 into our Trust Account to start”. His ‘inquiry’ about any money is reasonably fair under those circumstances considering the Police are treating him as a Murderer.

      McHugh….yeah, he was having an affair and he maintains that he was telling her what she wanted to hear. What we know of her and him, that’s fairly reasonable.

      “A cold calculated murder”…..inside the house with the 3 daughters in their bedrooms and then to be facing her to be scratched on his face and chest? Highly unlikely to be planned that way….sounds just like an ordinary fight on the spur of the moment.

      I think what the Appeals Crt found is that the other scenario is just as plausible…or even more plausible and watered down the ‘beyond a reasonable doubt’ requirement that the Jury needed.

      What the Appeals Crt found was that it was just as likely (or even more likely) that Allison had confronted him over all of these things (plenty of evidence that she was getting rightfully shitty….and writing about how ‘strong’ she was getting). She’s done a ‘face to face’ over all of these things (the scratches show that) and something has caused her to die. (No Cause of Death was found). The fact that he’s done a clean up does suggest that she’s hit the floor….could have been hit, could have slipped after being pushed away….we don’t know. But to suggest that he’s made a plan to murder her in the house where his kids are is highly unlikely.

      The three Judges of the Appeals Crt have just recognised that the ‘accident’ scenario during a struggle is just as likely (or even more likely) than the ‘Murder’ scenario.

      As far as his ‘lies’, the Police didn’t disprove any of them I.e. They didn’t prove he dumped the body, they didn’t prove that his scratches weren’t from shaving…..just had various witnesses giving opinion.

      He may be an arsehole but I think the Appeals Crt got it right….and that’s their job. The Police didn’t prove their case.

      Like

  36. There must be so many women who are relived they have not been killed, and then blamed, most of you have committed a ‘capital’ crime at sine time.

    Remember never look at a man in a way that might hurt his ego, never laugh at the size of his penis, never critise him as that might hurt his self esteem, never look at another man, never mention an ex, never shout at him, never get angry, never ‘nag’ him to take out the rubbish, never go to slap him no matter how upset you are, never say he is lazy, never imply you are planning to leave, never tell him to piss off, don’t scratch his car….. all these and many many more are invitations and defences to murder.

    Even if you do none of these things, after you are dead the defence will say you did so the fact you are dead is your own faullt.

    If your killer makes up a story while your body rots or disappears the poor little chap will say he ‘panicked’ and couldn’t help it and that will get him off.

    The law will do anything to get ‘middle class’ white boys off.

    As you can see from BR comments its all your fault anyway because you wanted a ‘man’ with a job. It’s always your fault.

    Be warned women, there will be as many of you murdered next year and the year after …… as now.

    The male privilege of killing women, and blaming the woman, has been debated for decades (bravo Phil Cleary) and it will be debated for many more decades, nothing will change.

    Anyone who watched ‘Hitting Home’ can confirm part of the reason it will never change, men blame women ‘look what you made me do’ and women keep apologising ‘it’s my fault’ and putting up with it, being OK with abuse is nothing to be proud of, don’t wait until kids are involved to claim your right to safety and peace.

    Doesn’t take long for ‘men’ to learn the rehab-speak ‘I take responsibilty for my actions’ yeah right. Rehab is a myth, violent ‘men’ can not be changed into kind gentle men, if you are involved with a violent ‘man’ or have been, you are doomed.

    Women: I understand the drive to have children is strong (evolution) but please work to control that instinct and do not allow a controlling ‘man’ to convince you to breed with it. See a GP immediately, you can get contraception that he can’t see or stop.

    Most of these killers have children, what chance have they got, especially after you are dead.

    ‘Men’ will never change and neither will the courts, so women have to.

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    • It’s a work in progress. Women have only had complete equal rights for 60 years, generational change and legal change takes time unfortunately.

      I can remember being a girl in the 80’s where it was common for men to grope a woman or sexually assault a woman and receive no penalty. It was wrong to even speak out in the first place. I can recount dozens of situations where if the same event happened now, the perpetrator would be charged for it.

      The laws will improve, sadly it takes time.

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    • uknzoz.
      Why on earth would you even imply that it’s OK to slap a man ?
      Or verbally abuse him or ridicule him?

      If this is how you are, it would be best not to become involved in a relationship….for both parties.

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      • You omitted to capitalise the ‘H’ in Him. Don’t dare laugh at Him, don’t dare criticise Him, His fragile ego can’t take it.

        Praise Him…… Praise Him…….

        If he is a slob…. Praise Him, if he askes for a date you better agree because His ego is everything and it’s your job to make Him feel good, don’t dare reject Him, if he runs to his mummy when he cuts his finger Praise Him, don’t get a better make in an exam than Him, don’t beat Him in a pub game, he might feel ridiculed, He is weak and fragile remember, if he is a drunk Praise Him, if has no resilience Praise Him, if he is a useless father Praise Him…. if he is a totally inadequate individual Praise Him, just Praise Him, do as He tells you, and He might allow you to live. …and make sure you get His laundry done and have His dinner on the table when He demands it, whatever you do don’t ‘nag’ him to take the rubbish out, your job is to Praise Him.

        Of course He is not a ‘man’ He is a weak, entitled, pathetic non-achieving coward, and cowards kill those whose ability to fight back is limited.

        Phil Cleary spoke with intelligence on the ABC last week, this narrative against women hasn’t improved since his sister was murdered over 20 years ago.

        Her killer got off and they still get off. Her ‘crime’ she didn’t Praise Him, she dared to tell him to piss off and that ‘provocation’ was her death warrant. Claiming any right to independence and autonomy can get you killed.

        There are real men out there, but many support the attitudes we have seen displayed here so the killings will go on.

        Fast forward 25 years and nothing will have improved for women. The government can throw money and fine words around but nothing will change because ‘men’ don’t get it and women see it to late.

        I did try to slap a man once, luckily for me he was a man and simply stepped aside, no real man would ever use something like that as justification for murder.

        That these lawyers can fabricate a fairly tale and then use that as justification for killing a woman, and leaving her body to rot, shows how depraved and deluded the legal system is.

        If this killer gets any with this every murderer from then on will insist they know nothing and take a chance a gullible jury will give them an acquittal, but even if they get convicted it doesn’t matter just return to court with a fary tale and get off a year later.

        Getting off with ‘mans-laughter’ was always easy but it did mean serving 4-5 years, now all they have to do iis deny any knowledge and, if they have some ‘luck’, they won’t serve a day.

        Disgusting enough to be a murderer but to then smugly sit back (or hang out in the pub with their lawyers) while their poor victims rots is sick beyond belief.

        Laws have to change but I won’t hold my breath.

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        • Yeah…OK. A little bit of anger there. It seems you made an extremely poor choice in a partner. Something you might want to work on. Why on earth would you marry anyone with those traits?

          Did he have fancy tatts? Flash car? Fat wallet?

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  37. If it’s any consolation…. What GBC expected VS what he received:

    GBC expected:
    * Initially within the first weeks of Alison’s disappearance, Alison’s death treated as an accident or suicide.
    *Claim her life insurance & clear his debts.
    *Move on with Toni McHugh (more than likely just to blow through her funds and then move onto another sucker)
    * At the end of the trial he expected to be found not guilty.
    * At the end of the appeal he expected to be acquitted or worse case manslaughter.

    What he received:
    * Initially within the first weeks of Alison’s disappearance, police & public suspected he was responsible.
    * Life insurance advised no pay unless ruled out as a suspect.
    * Toni McHugh (and every other woman he was seeing began divulging information to the police)
    * Appeal judges confirmed there was enough evidence to reasonably prove he was a participant in Alison’s death, downgraded to manslaughter.
    * Forfeiture rule applies, he will receive no benefit from Alison’s estate or life insurance policy.
    * His business debts are still to be paid.
    * Significant legal fees were allegedly paid (and will continue to be paid) through the $585,000 proceeds of his parents home sale.
    * When he is released he will endure no end to public outcry and hatred for the foreseeable future.
    * When he is released he will endure no end to media impinging on his personal life.
    * When he is released people he befriends or enters relationships with will sell their stories to the media.
    * Worst of all, his daughters know he is responsible for the death of their mother.

    He may be smug in his own little world, but I wouldn’t swap lives with him.

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    • If this current decision stands, we might find that the ‘Forfeiture Rule’ becomes a bit of a grey area, if ‘accident’ keeps being referred to by the Court and this is what they seem to be hingeing this decision on, or at least not specifically ruling it out.

      I’d wager that he’ll strike a deal with the Executors of the Estate to split it and receive a share without any further legal manoeuvring.

      If he wants to contest it based on his position as the ‘Primary Beneficiary’ and the Courts unwillingness to rule out ‘accident’, he could represent himself and the Estate would have to employ a Solicitor and Barrister to contest it….which of course would cost the Estate many, many thousands. They might decide to a shared arrangement and not go through another lengthy and costly Court action where the only winners will be Lawyers. I’d also imagine that the deal would be “in confidence”….in other words nobody will ever know if he and they do it which would obviously suit both parties.

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      • Because GBC was charged with murder, convicted of murder, and then downgraded to manslaughter on appeal, it’s irrelevant what words the criminal law court are using. No bearing whatsoever on probate law court of the Supreme court.

        You only need be ‘suspected’ of contributing/involved in the death of a person to be ruled out as an estate beneficiary by the forfeiture rule. Criminal law & Probate law are two completely separate courts, while the criminal law court requires a certain level of certainty, the probate section of the supreme court doesn’t.

        The probate application would have been lodged by the Dickies once GBC was arrested. This would be in its finality now.

        No solicitor in their right mind would advise the Dickies to settle.

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        • If ‘Forfeiture’ was black and white because someone contributed to the death of another then a Wife driving a family car who makes a careless decision to cross double lines and causes the death of her much loved Husband….and do a period of imprisonment over it, would be unable claim his Estate.

          That wouldn’t happen. There’s plenty of ‘grey’ areas for these very situations when ‘accident/recklessness’ is a possibility.

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          • This particular case is not a grey area. Allison’s father was granted letters of administration and the court order required GBC’s exoneration in order for him to benefit from her estate.

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            • Seeing as how he’s been exonerated from the charge that was preferred (Murder), wouldn’t it now make it ‘grey’ ?
              It would be interesting to read the Court Order. Is it available?

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  38. I agree in some ways he was ‘unlucky’ he could so easily have got away with it entirely, I suspect many do.

    I wonder how accurate the figures for the murder/killing of women are. How many of these deaths are written of as a missing person, accidental death, suicide, or women simply go missing and there is no one to care or notice so they simply vanish as if they were never born……

    This case is a tip of a very large iceberg, 10,000’s of women living with assault, they live in fear and walking on egg shells, what sort of ‘life’ is that. We know there are around 70,000 active AVO’s in place, how many other women are living with abuse but don’t have an AVO.

    AVO’s are generally useless but it gives us some indication how prevelant the problem of serious violence is.

    Many ‘men’ who are abusers do not commit criminal acts to control, abuse and terrorise women, that is why many ‘men’ killers have no ‘previous’ and there is no AVO.

    If you are walking on egg shells, have no freedom of speech and movement, you are being abused. Many women live a lifetime of this type of non-criminals. abuse, the avenues of escape in these cases are virtually non-existent. He won’t leave you as he has to have control, and you can’t leave him because there is nowhere to go.

    Often these ‘men’ are very good at presenting a ‘santly’ facade to those around them, as in he case of family murderer Geoff Hunt.

    Families and friends need to remember there are no ‘saints’ if it looks to good to be true it probably is.

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  39. BR, you seem to be trying desperately to justify and defend what this callous wife murderer did. You sound like a very close family member of his on a personal mission to try and help sell his latest lie to the public. I am not buying an ounce of it.

    As for him contacting the insurance company about Allison’s insurance, it did NOT just happen “in the days after her disappearance”, weeks before her murder he already started focusing on her insurance. He even got her or a female impersonating her to phone and ask questions on his behalf. And I disagree, people who can barely pay for food and their phone bills do NOT keep paying life insurance because it has some mysterious ‘hold’ on them.

    He got treated like a murderer because he IS one and ACTED just like one! He was NOT PANICKED or in the least concerned about looking for his ‘missing’ wife. He was focused solely on his future without her, did a good clean-up of ground zero, already removed a portrait of them, had nice special occasion cups out and ready to entertain the police etc, planted a Zoloft packet on Allison’s dashboard, hid her phone nearby so it would keep the search focused in this area and away from where she really was for a week or so, while she lay decomposing under a lonely bridge out of sight so that DNA and COD evidence that would clearly implicate him deteriorated. It was crystal clear from his every behaviour from day 1 that he knew exactly what had happened to his wife, but wanted to get away with her murder and claim her insurance money asap. No remorse, no panic, just determination to carry out an evil plan.

    How could he have promised McHugh that he would have his debts paid and be rid of his wife in weeks? Only ONE circumstance would have made that possible – Allison’s untimely death. It was planned without doubt in sufficient detail for him to be able to execute it at a time of choice.

    It would have taken a lot of pre-thinking about all that had to be done, how his tracks had to be covered, what lies would have to be told.….He would not have been able to think of everything he had on the spur of the moment had it really been an ‘accidental’ killing. Too much forethought went into what happened throughout that fateful night and in the days following. Actions of a man on a mission, not the actions of a panicked man at all.

    I suspect he did underestimate the fight in Allison, he thought he’d overpower and smother her without much resistance, so it was no problem doing it with reportedly very tired kids asleep, who could also easily have been dosed with antihistamine. Clearly however he underestimated the will of a mother to live, just as he underestimated the public’s IQ and ability to see through his lies and deception.

    A babysitter would likely have been summonsed in the middle of the night, and someone would have assisted with the disposal (nearby resident heard voices talking near the bridge in the still of that night). ‘Coincidentally’ big sis was there too to support and help with getting the children out of the way and off to school – never mind if their mother and center of their universe was missing “fallen down a hole and not coming back” (!!) No it was business as usual for the BC’s, properties supposedly had to be hosed and vacuumed as if nothing had happened, kids had to go to school as usual (unbelievable!!), not time to look for the ‘missing’ mother …and ‘luckily’ communications expert sis was on hand to also help with a (very telling!) TV interview….

    It makes no sense for 3 appeals judges to favour yet another ‘suggested’ lie from this self-centered sociopath over an overwhelmingly large body of circumstantial and other evidence that we are dealing here with a callous murderer who had Allison’s insurance money firmly in his sights and wasted no time to try and get the same hands that murdered her on it.

    There is something distinctly suspicious and plain wrong about this appeals decision IMO and I sincerely hope it will be reviewed.

    Liked by 1 person

    • RIP Allison
      If I was related to GBC, or even knew him I wouldn’t have suggested he killed his wife from very early on in the whole saga and maintained this position through days and days of posts on this Site. I’ve just never though he’s ‘Murdered’ her.

      I prefer the most logical and believable scenario….he’s an arsehole, she’s severely depressed about the entire situation and they have a common garden variety ‘domestic’ which goes bad. (He’s got the scratches to prove it).
      She’s wound up dead somehow (nobody knows how) and her body has been disposed of (nobody knows by whom).

      To suggest that GBC was going to run off from his whole ‘Kenmore lifestyle’ with McHugh is almost laughable. He was just using her for casual sex. The more you read of their relationship he was almost embarrassed to be seen socialising with her.

      GBC is also very much a dunce…..that explains many of the stupid things he’s done. None of which amounts to ‘Murder’.

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      • BR Whatever causes you to say that Allison was “severely depressed”?
        All her behaviour points otherwise to me.
        The depression story was pedalled strongly by the B-Clay family from the beginning. It was their line of defence. Embellished as much as possible:
        with empty Zoloft packets strewn around for added effect, plus stories of Allison lazing around, Allison’s useless state, plus the public telling of urinary incontinence. (She happened to be pregnant and whilst the incident may or may not be true, why air such a private matter in a Court of Law?) There were other ways that were used by this so called “man” to demean her. Told her “she smelled and laughed at her undies.”
        Allison’s integrity remained intact. It might be noted that it was only the B-Clay family that attempted to portray this woman in a negative light. Ever.
        The B-Clay family appear not to have noticed how diabolically terrible were their attitudes.
        BR, I also request that you explain how you think that Allison wasn’t “Murdered” by her husband. Are you suggesting that he maimed her sufficiently that she died as a result of “handling” at a later time? Or are you suggesting that she met with another person who murdered her? Either way the end result was the same; and Gerard swiftly began to weave a cover up.
        Including the beard. The need to see a doctor re the scratches. That was more important than searching for a lost wife. He has only ever been interested in himself. Never ever showed grief for his deceased wife.
        And now he expects to take a lighter sentence. He has a proven history of disrespect for the Law, human decency, and dishonesty. He has proven himself to be a complete fraud. A Chameleon. He expects the Law to bend to his requirements. And this is all supposed to be OK?

        Liked by 1 person

        • Qld Country Lady
          Everything that she’d gone through with him as you’ve highlighted makes me believe that she was depressed….I know I’d be!

          As far as ’embellishing’ and making accusations that’s the adversarial nature of Trials….from both sides. I think any detached view of it all would suggest he copped a fair bit himself. Blame the both sides for that behaviour.

          The reasons given that the Appeals Crt believe ‘Murder’ wasn’t proven are in their (3 -0) published decision. I won’t try and repeat what they’ve already said and available to anyone to read.

          I’m not too sure how I’m supposed to prove something didn’t happen (Murder) when there’s insufficient evidence that it did. To me it all points to a domestic disturbance gone bad…..the scratches, inside the house with 3 kids in bed, a very bad relationship. If it was planned it was the worse plan in history.

          I haven’t said he ‘maimed her’ because I don’t know how she died….nobody does, but there’s many scenarios (including murdering her) which are believable including her hitting the ground from a hit or push or fall, and dieing the same way as many people die who hit the ground head first. None of which proves ‘Murder’ only that he most likely was involved somehow and now she’s dead (Manslaughter). They have to prove that he intended to do all of this and that’s where they stumbled with ‘Intent’.

          The other issue of wanting to leave Allison for McHugh is the thing I find most unbelievable. McHugh was a tramp and nothing more than casual sex…..and he was having multiple affairs behind her back! There’s no way known to man he would have wanted to live with McHugh, she was nothing more than a ‘bit on the side’ for him.

          It’s bizarre to argue that he was so lacking in morals…..but would have ‘honoured’ his commitment to the tramp McHugh. That really is laughable.

          He’s an egotist, everything was Kenmore , the Clubs, his name, his Community and the many women who were willing to have a bit of him. He wasn’t about to run away from any of that…..he lived for it.

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      • BR, Just because GBC is a dunce, does stupid things (some might suggest each of these “stupid things” were intended pre-planned cover ups); And just because GBC is a proven liar, a cheat, an adulterer, a thief and a good lady has died at hands; is this supposed to somehow absolve him of Murder most foul?
        You say that “None of which amounts to Murder.”
        Yet a woman is dead.
        And a man is free to deride the Law and common decency.

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        • Queensland Country Lady, a proven liar, cheat, adulterer, thief? also doesn’t prove Murder.

          The only people attempting to ‘deride the law’ are those saying that these things mean Murder. They just simply don’t. They just want him to suffer as a ‘Murderer’ because he’s a cheat, adulterer etc etc and a nice Lady is dead.

          You seem to be implying that he should argue he didn’t murder her when in effect it’s the Prosecution who need to argue that he did. They just didn’t succeed….according to the 3 highest Judges in Queensland who have found he killed her…..not murdered her.

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          • No BR. I never implied that a proven Lian cheat, adulterer, thief, nit-wit, crook, etc: proved Murder. Or proved that BC is a murderer.
            Your next sentence
            “The only people attempting to ‘deride the law’ are those saying that these things mean Murder.”
            is pure unadulterated rot. A stupid statement.
            My statement DID imply that a lady ended up dead at Baden Clay’s hands.
            The end result is one deceased person and a Murderer alive. The same murderer calling the shots.
            People can nit-pick and split hairs ad-infinitum: however the end results remain the same. Should her killer. murderer, man slaughterer or whatever name you want to give him; be allowed to get off scott-free and with the all important (to him) insurance money?
            Someone once said “I wouldn’t trust Baden Clay to walk my dog.
            Well I wouldn’t trust him with the lives of his own children.
            Best wishes too all good people.

            Liked by 2 people

            • I’m not sure where you got that he’s getting off ‘scott free’. The Qld Court of Appeal has just found him guilty of Manslaughter which carries a maximum sentence of Life imprisonment.

              What his children think of him is entirely up to them. Everyone appears to be assuming that his children hate him. We just simply don’t know if they do or not. One thing for sure, kids know more about their parents relationship than most people give them credit for. I’d trust the kids to make up their own minds.

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      • If they had a domestic the kids wouldn’t have slept through it like they did. Neighbors didn’t hear a domestic. If they had a domestic it was the most quiet one in history. Perhaps they used sign language?

        I don’t believe she attacked him at all and no evidence backs this up. How does a ‘slap’ across the face generate vertical scratches? Where is the evidence that she attacked him? If she attacked him, why is his only injuries two deep vertical scratches and head shaped grazing on his chest?

        He had a head shaped rash/grazing on his upper chest (GBC claimed a caterpillar had caused) and vertical scratch marks on the side of his face. There is only one reason for those injuries, she was fighting for her life while he was trying to end hers.

        He had no intention of any long term plans with McHugh, he did want the funds from her recent house sale though. That was his only interest in her, fleecing her of a few hundred thousand dollars.

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        • It doesn’t have to be a noisy domestic. I imagine that both of them were the ‘careful what the neighbours think’ types.

          Wounds come in two types…”Offensive” and “Defensive”.

          ‘Offensive’ are very typically to the face, head and torso.

          ‘Defensive’ are nearly always to the wrists, hands and forearms as people try and resist strangling etc.

          These were out and out ‘Offensive’ wounds.

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          • I wanted to avoid putting it plainly what his injuries communicated, but you don’t seem to be getting it and you’re responding with guesses & assumptions that don’t consider the evidence. “Most defensive wounds……” completely irrelevant. We’re not discussing ‘most’ or what someone else did, we’re discussing this particular case.

            The injuries GBC sustained are 2 deep vertical left side face scratches that end in an outwards direction (opposite of natural scratch direction if scratcher was facing GBC) a carpet burn like graze on right side near shoulder blade, and two less deep vertical scratches on right side of GBC’s neck.

            You’re assuming one type of strangulation (front) when the injuries he sustained are consistent with rear strangulation (envisage a tight head lock from behind the victim). Rear strangulation gives the perp complete control and the direction of the scratches are consistent with the victim scratching with the index & middle fingers in an upward & inward direction.

            Now, if I entertain your ‘offensive scratches’ theory, how do you then rationalize only 2 scratches per side when the ‘scratcher’ has full use of both hands? Perhaps she was the Australian 2 finger claw scratch champion?

            The simple explanation is GBC was a desperate man, his mistress was going to out him the following day to his wife, he was a failed businessman with over a million dollars in debts and the death of his wife was his way out. He was going to paint her (and did) as this depressed amoeba who mysteriously went missing on a walk, but the scratches were his downfall.

            Liked by 2 people

            • ‘Carpet burns’ on his chest indicates he was bare chested…..unlikely if he was putting any intricate plan into motion. Sound like he was in his pyjamas.

              I’d imagine if anyone was scratching at me I’d turn my face away. No scratches to his wrists, hands or forearms, but only to his face and chest heavily indicates ‘offensive’. I think anyone being strangled, suffocated, throttled would desperately attempt to pull those hands away. Plenty of ‘expert’ opinion on the Net to identify what ‘Offensive’ and ‘Defensive’ wounds mean.

              They could be ‘defensive’ although without any further injuries to his hands, arms, wrists the chances are miniscule.

              McHugh wasn’t going to ‘out’ GBC….he was already completely ‘outed’. Allison was the one ‘getting stronger’ according to her own notes. I doubt GBC had ever been involved in a fight…. ever.

              So…possible, but ‘Domestic gone bad’ is the most likely scenario. (Which the Appeals Crt found)

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  40. Looking at the available information provided to the public, including documents and transcripts etc it appears GBC is guilty of greed and dishonesty, and of narcissism and murder. Maybe the explanations presented (along with the reason for his repugnant bizarre behaviour) went to the dogs of ‘ambiguity’. There are just too many flags in this instance for it to have been an accident but they don’t add up to ‘evidence’. Where do you draw the line on something circumstantial? How much do they need? And when does a person of bad character be regarded by some (few) as an upstanding member of society? I did not know Allison and I think this case is much more than due justice for Allison and her family – it’s the incongruity between intuition and our legal system. There are many guilty nuances in GBC, from the subtle ‘wrong’ tone of his voice that morning he first appeared on our televisions to the fakeness in his crying, and simply his eyes. As humans we recognise it well but it has no value in proving anything. We can see it though… which is why the public outcry (for those that somehow seem baffled). As already mentioned the police investigation was insufficient. A murderer covers their tracks, they throw in decoys, and if clever, might they even commit it in unlikely places if that could work in their favour? Circumstantial goes both ways doesn’t it. I want to also comment that it warmed my heart to see Bruce and Denise Morcombe attend the rally yesterday, just perfect.

    Liked by 3 people

  41. I just want to see three things.
    1. He stays in jail
    2. He has no influence in his daughter’s lives
    3. He and his associates receive zero $ for anything at all to do with the case, or insurance.

    Liked by 2 people

  42. The longer the Crown Law ‘advice to Appeal’ takes to come, the more it looks like it won’t be appealed. The Govt won’t want a ‘No Appeal’ before Christmas and the resultant flogging they’ll get in the Media tied to ‘Christmas has been ruined for everyone’ headlines. If it was positive advice they’d be doing everything in their power to release it pre Christmas.

    That will just leave the sentencing for ‘Manslaughter’ which they’ve already implied was most likely an ‘accident/reckless’ during a Domestic. There will be no penalty for disposing of the body for the simple reasoning he wasn’t charged with that or convicted of it. If they hit him up with a high sentence he’ll simply Appeal the severity (based on previous Manslaughter sentencing) and win.

    I might have to rethink the whole ‘Power of Prayer’ thing he’s been doing. (Probably won’t though).

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    • This article is one of most ridiculous things I’ve read.

      Anytime society or portions of our society exercise their right to criticize or protest, is always a good outcome for free speech. There is a vast difference between mob mentality and society (or portions of it) criticizing or protesting laws/rulings they feel are unjust.

      Did this gathering threaten the judiciary or use violence against the judiciary during this protest? Absolutely not. Did the participants use this gathering to condemn violence against woman, remember Allison as a person and respectfully ask the Judiciary and politicians to not forget the victims and their families. Absolutely.

      Society’s unspoken rules of what is acceptable & not acceptable within a society is ever changing. If we didn’t critically question our society, slavery would still be legal (forget the Emancipation proclamation), women would still have no rights (no woman’s suffrage movement), Indigenous Australia would still legally be considered as flora and fauna etc etc..

      The author the article has decided he doesn’t like the opinion of the large group of decent people who peacefully spent a few hours wearing yellow, listening to well articulated speeches about domestic violence in our society, remembering Allison, and disappointment of our judicial system. He’s decided to label these people on the same level as criminal gangs, the mafia and CFMEU style stand over.

      Utterly offensive article.

      Liked by 1 person

      • I agree….Birminghams article was over the top, although his argument is correct.

        It’s only ‘over the top’ when it’s related to the King George Square rally….which was a reasonably small lunchtime crowd (in the grand scheme) with no significant ‘names’….so over the top, yes.

        It just got muddied when the Federal Minister DUTTON decided to buy into it…..but he has to get re-elected as well and any outcome wasn’t going to blow back on him.

        I though at least Jackie TRAD might have made an appearance….but no.

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  43. On the 6pm news – BADEN CLAY’S manslaughter charge will be appealed for MURDER to be reinstated!!!!!!!!!! FANTASTIC! There is hope that justice will prevail!

    http://www.news.com.au/national/queensland/dpp-will-appeal-to-high-court-to-reinstate-gerard-badenclays-murder-conviction/news-story/7114ceb39b85e8e154f8eef3b8f2e67e

    There is absolutely NO SENSE for 3 individuals to be allowed to ignore the ENORMOUS body of evidence gathered in this trial, circumstantial and otherwise, in response to a mere SUGGESTION from a pathological liar to downgrade his evil greedy murderer’s sentence AGAINST the finding of a jury, a very capable judge and I guess >90% of the population.

    This man clearly planned his beautiful wife’s murder. He initiated enquiries about her insurance weeks before her death already, made sure they remained paid up in spite of him having severe financial difficulties. In fact he was ‘coincidentally’ in debt (many of his debts payable by end June 2012) to about the same value as his wife’s insurance.

    He had numerous flings with other women, but the affair with McHugh was different, he was MUCH more involved with her, she pressured him to leave his wife and he promised her in response (evidenced in writing under a false identity he used to communicate with her) that he would be a FREE MAN and be with her within weeks, by 1 July 2012! NO way on this earth could he achieve those objectives other than by the untimely death of his wife!!!

    What was blatantly clear to thousands of people right form the start, was that he (and his family) knew full well what had happened to his wife and he was very personally involved in her disappearance. We all KNEW that sadly Allison was never going to be seen alive again…

    He planned where to ‘store’ her body where it would not be found for a week or two while his DNA and the COD evidence deteriorates, whilst hiding her phone ON somewhere near their home so it would keep transmitting in this area and keep the search there as long as possible…. Not the actions of a panicked man – the actions of a cold and calculating murderer.

    He was not at all panicked ever – he was cool and calm as if running off a script – business as usual, house tidied, nice cups out to entertain the Police, one last check on self-incrimination on the internet…then on with the show…in such a rush to get on with his life without Allison even a portrait of them had already been removed the next day! NOT THE ACTIONS OF A PANICKED MAN AT ALL!! Those of a planner in a hurry!

    And amidst their terrible loss, assisted by sis, he sends his children to school!! Business as usual….Self-centered to the point of being heartless to his own children – killed their mother and they must go to school so he can get on with seeing lawyers and planning his life as a FREE MAN. Awful.

    Of course as in the case of most murderers he vigorously denied all allegations, claimed he slept soundly all night although his mobile phone told a different story. He came up with the most ridiculous explanations trying to excuse the obvious life and death struggle marks on his face and upper body, and his behaviour (and that of his family) just got more bizarre by the day – it was clear that they all knew what evil had been committed but were trying very hard to have him get away with this murder most foul – the ultimate act of greed and spousal betrayal. He was in such a rush to execute the plan and claim Allison’s insurance he, assisted by Daddy, he even did so before she was identified! How awful! Very much in a rush to finalise THE PLAN. 1 July was coming…

    This man and his family must not be allowed to use ANY amount of money or social connections to get him off with murder and get his murderous hands on a cent of Allison’s insurance money – it will be a terrible miscarriage of justice!

    So great news that these 3 individuals’ manslaughter finding will be appealed!

    Allison was robbed of her life by a cruel and greedy husband who did not want her, and very much wanted her life insurance $$. An awful crime! She deserves JUSTICE!

    Like

    • Certainly a passionate argument.

      McHUGH…..even she gave evidence that she didn’t believe that he would leave his wife, from many previous similar ‘promises’.

      The Insurance money…..The Appeals Crt found, “Although there was evidence of an Insurance Policy on Mrs Baden Clay’s life, the Crown at trial DISAVOWED (my caps) any suggestion that the Appellant had killed her in order to benefit from it” (Para 42, Note 5 of the Appeal Crt doc)

      Don’t ask me why the Crown ‘disavowed’ this theory. But, the High Crt now won’t consider it, because they don’t ‘re hear’ anything, they just review the evidence as it was given. i.e. rule the Insurance money out of the equation.

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      • McHugh was very cautious and selective in what she divulged to police, I doubt she ‘told all there was to know’ in court either. I will not be in the least surprised if one day when GBC finally becomes a “free man” she will be waiting for him.

        She was indeed fed-up by GBC’s lack of taking action previously, but she pulled out all the stops at the time of Allison’s murder to pressure GBC at every opportunity to leave Allison and become totally ‘hers’.

        Her adoration no doubt stroked his over sized ego, and his ‘need’ for her stroked hers. Two very self-centered individuals, both quite disconnected from reality feeding off each other’s needs and wants, with no care or respect for others involved.

        She finally got a commitment and a very definitive date out of him with a promise in writing that he would be a DEBT-FREE and with HER by 1 July. A very precise PLANNED execution date. And it is clear from what ensued he took that promise very seriously.

        Sadly there was only one way to obtain about $1million to settle his debts AND be rid of the wife he no longer wanted in a matter of weeks. Most people would not dream of actioning this kind of option….GBC did.

        IMO GBC killed Allison precisely to benefit from her insurance money. IF ALLISON HAD NO LIFE INSURANCE I BELIEVE SHE WOULD HAVE BEEN ALIVE TODAY.

        BR days ago you were telling everyone to rule out an appeal, it will not happen. WELL IT HAS!! You are clearly very keen for GBC’s sentence to be downgraded, and are welcome to your opinion.

        Many others feel exactly the opposite – they’d want to see him put away for his entire natural life. Even a murder sentence seems too light for the selfish greedy deed he has perpetrated.

        So I am ruling NOTHING out of the equation. Just hoping for an objective and above board review of the massive body of evidence, circumstantial and otherwise presented in this trial, by people without any connections to the BC’s and without any agenda to downgrade this cold and calculating murderer’s sentence.

        Like thousands of others I would like to see JUSTICE for Allison and all her friends and family, especially her 3 daughters, who have to live with the terrible loss of such a very caring and much loved person every day for the rest of their lives.

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        • I think anyone being implicated in a Murder/Love triangle would be cautious about what they said. Same for GBC for that matter in the way he acted….he was being regarded as a suspect in his wifes death. I think ‘cautious’ would be expected. The Police are there trying their best to get charges using their ‘techniques’ and line of questioning, so being careful would be prudent for anyone regardless of their guilt or innocence.

          I still think the McHUGH thing is unhelpful. He was using her for sex, like he used other women in exactly the same way (some while he was seeing McHUGH). To suggest he killed his wife to be with a trashy ‘bit on the side’ regardless of her pressure just doesn’t wash. He just told her what she wanted to hear….many times. Allison had known about his playing around for months and if she was threatening to leave I’d suggest he would have helped her pack her bags….then he could have really played the field. What was he afraid McHugh would do?….tell Allison? (a bit late)

          Back to the Insurance…the Crown has already said they don’t regard that as a motive.

          It just sounds more and more like a normal domestic and if we think who’d be the most shittiest over it…..Allison, hands down.

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          • Hmmm…it is interesting how we all interpret things so very differently…. or perhaps have (or not) some vested interest in a particular outcome…

            I saw the level and intensity of his involvement with McHugh being way different from his few other casual flings.

            What happened between Gerard and Allison on that fateful night does not sound to me like a ‘normal’ domestic AT ALL! In ‘normal’ domestics husbands do not kill their wives and go to great lengths trying to cover it up and deny it, especially after checking in preceding weeks on the status of their wives’ life insurance!

            Allison’s life insurance was in reality the only thing standing between GBC and CERTAIN BANKRUPTCY, which for a ‘Baden-Clay’ with their aspirations to be ‘somebodies’ in the world would be something to be avoided at all cost.

            Even Daddy assisted with enquiries re Allison’s life insurance and afterwards claimed it on behalf of sonny boy at lightning speed – even before Allison had been identified. We know they all knew it was her because of her being found exactly where she had been left (by the two of them?), but it reeks of a very ruthless ‘financial’ plan to save GBC’s financial butt and the family name…

            The dire need for GBC to get his hands on about $1million to settle his debts, a lot if it by EFY on 30 June, and his promise to McHugh to be debt-free and HERS on 1 July is also very telling.

            Irrespective of what any final legal outcome in this case is, I will forever believe he planned to murder Allison primarily for her insurance money to save himself from inevitable bankruptcy. Being a free man and able to move into the arms of super keen McHugh (for as long as their attraction held) was an added bonus.

            I do not see how evidence can be ‘reviewed’ objectively by people who have already closed their minds to the possibility that Allison was killed for her life insurance. There is after all a LOT of evidence that points to this being the main motive IMO, I can not see ANY evidence that it definitely wasn’t the case.

            I hope and trust that the Crown will do a proper objective review of ALL facts and evidence, and not just rubber stamp a previous finding that IMO is utterly flawed.

            Liked by 1 person

  44. Oh well, I suppose ‘vested interested’ is a lot better than…”He’s Nigel…eeeeek”. 😉
    My only ‘vested interest’ is watching the Law unfold as I’m not terribly interested in Support sites which I find a bit “What about me…” (there could be a song in that). Anyway…..

    McHugh – Honestly, just a dime a dozen tramp and he treated her like one. If it wasn’t her it would have been one of plenty, all keen and willing. If he killed for her he’d have an absolute defence under the Mental Health Act.

    The ‘Domestic’ would have been normal (and expected) until something happened. There’s tons of ‘one punch’ type cases out there and other ‘reckless’ deaths which aren’t and never will be ‘Murder’.

    The Insurance – Allison enquired the first time to talk about reducing the premiums (financial stress) after his enquiry and being told Allison had to enquire. So….it appears that any enquiry by him was to do with reducing the Policy…..hardly a plan to cash in. The post death enquiry was admittedly quick, but also understandable considering his need for immediate cash to hire a Lawyer as the Police were upping the ‘Murder’ scenario. Again, the Crown has dismissed the Insurance as being any motive and they were the ones who would have made copious enquiries through the Police regarding this.

    If the ‘Insurance’ enquiries by the Police had turned up anything smelly, you can bet your bootstraps they would have used it…..they didn’t.

    Anyway, the Law will continue on the right path irrespective of emotion from both sides.

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    • ‘…a dime a dozen tramp….’ say a lot about attitudes towards women. What sort of ‘man’ would use those words to describe any woman.

      Many ‘men’ see all women as ‘…. dime a dozen …..’ except for their mummies perhaps.

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      • It’s a sight better than what my broad circle of female friends say…..”Some women are bitches”.

        Men wouldn’t worry about ‘some men’ being described as arseholes….because they are. Just as ‘some women’ are.

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    • That’s just the normal course of events when Appeals are lodged, everything is shuffled around.

      The biggest ‘waste of Taxpayers money’ in cases like this (perhaps not this one specifically but time will tell) is the Police ‘over reaching’ with a Murder charge when right from the outset a Manslaughter charge is more appropriate and would likely get a quick plea. They (and the public) then bleat about lengthy trials and cost when Unlawful Killers are forced into defending themselves against a Murder charge with mandatory Life Imprionment. Gable Tostee is a prime example of this. (No, I’m not Gable Tostee or his Dad, brother, sister, uncle, nephew. 😉

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      • Hmmm… BR unless you are associated with Gerard Baden Clay in some way it makes no sense that you are so enormously keen to get this wife killer off with the minimum sentence you possibly can, while there is ample evidence IMO that he killed her for her life insurance. You want to suppose that in spite of the fact that he was in debt to the tune of about a $1million which Allison’s life insurance just about covered nicely, and there was NO OTHER AVENUE for him to get this kind of money to repay his due debts and avoid being declared bankrupt and shame the family name, that this had absolutely nothing to do with him killing her? ….Even though he ‘coincidentally’ started enquiring about her insurance in the weeks leading up to the murder and made sure even though he could not even pay essentials, that her life insurance would be paid up…that he had promised his mistress to be debt-free and a free man to be with her by 1 July – mere weeks away?? !!!

        The situation as it unfolded not to mention his behaviour reeks of premeditation and execution of a carefully planned event – down to fine detail such as precisely where to place Allison so she would be found but not for more than a week or so and to make a point of hiding her phone “on” near the house so as to keep the search in the wrong area for as long as possible, the preparation for receiving the police the next morning, the googling of ‘pleading the fifth’, not to mention his ridiculous behaviour and a heap of other circumstances which clearly point to a PLANNED murder, not a spur of the moment accident at all! Lies and deception just pour out of this man, he has no respect for the truth and no desire to take responsibility for his actions. He still is, as on day 1, trying to get away with a murder most foul.

        Have you considered “what if” you are wrong? That helping this heartless, greedy murderer get off with a reduced sentence is not serving justice at all for Allison and the many people who loved her dearly and will suffer the loss for the rest of their lives?

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        • Hmmmmm….and I’ll raise you a ‘sigh’ RIP Allison.

          Again….the ONLY interest I have is watching the law unfold. I don’t own a yellow t shirt or a Scouts uniform or live at Kenmore with room for a pony.

          IF the Insurance money played any part in this the Police would have certainly used it……they didn’t and have (through Crown Law) specifically said it is not relevant. Not just ‘missed it’…..but ruled it out. I’d say because any enquiry was about reducing the premiums because of financial strain….they certainly wouldn’t want to introduce that, so they chose not to argue it. That makes absolute sense. If it was the other way around you could bet your bottom dollar that they would have had reps from the Insurance Company in the box and giving evidence…. they didn’t.

          ‘Pleading the 5th’ is an American concept. He explained it… he was watching The Good Wife and they used the term (fact checked).

          Who ever pushed Allison over the bridge was hardly trying to conceal anything.

          McHUGH….I think I’ve mentioned her and his ‘devotion’…to anyone. Remembering of course that he was also cheating on her.

          He deserved to be hit, scratched, bitten, kicked….still doesn’t make him a ‘Murderer’.

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          • BR, one thing we can agree on, and that is that we profoundly disagree. You believe he killed her accidentally without intent in a ‘domestic’ gone wrong.

            I as MANY others believe he wanted her out of his life quickly and completely – no divorce, no maintenance issues, just nearly $1 million in life insurance coming his way speedily…an evil, cold-blooded murder.

            Our justice system will be put to the test with this review.

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            • Alison is NOT RIP That is the last thing she is doing. She is alive and well in the Spirit realm, she is in a higher realm. No one that passes from this world are RIP. In fact they detest to see them 3 letters. It is only those that think they are alive on this Earth, that call and name people DEAD, There is no such thing, They just pass into another realm of existance. No one looses no one. The truth is out there for everyone to see. Just go within. Materialists have a hard job understanding these words. It is a foriegn lingo to them. But never mind, everyone finds out in their own time. Some just take longer than others. Regards from UK
              Please remove and change that name. Alison does not like that, she is alive and well, as is everyone
              Regards

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          • BR
            He killed her in a cold calculate and well thought out way, He went to great lengths to make what he used to take her last breath, it was no spur of the moment reaction. even down to the threading and the cord,And he worked out well in advance where he was going to put her body.
            So many People think the victims cannot speak, think again, There is more than your 5 senses. It a shame it the other senses don’t stand up in a court of law. But he will never beat Divine Justice and Natural Law. No One does.He has more coming for him than anyone could dream of.
            Regards from the UK

            Like

              • I said she is alive and well in the Spirit realms. And one day you will find that out for yourself. Always remember these words I spoke to you, For the day will come when you will know and feel a right ignorant human being, I 100% guarantee you that BR.
                You want to do a little more investigating who and what you are and where you truly come from. You are not what you think you are, You are more than that body and simple brain. You are in for one big shock my friend.
                But at least now you know. And when you stand alive and well in the spirit realm when you take your final breath on this earth. There is words you will never utter.
                I never knew this existed. Because now you know. Open your mind, and do your own reaserch. You have things going on in Australia that would blow your mind, if only it was open. A closed mind, is a dumb ignorant animal. I know you have a good mind, and a brain, think outside the box of your materialistic life style.
                Regards from UK

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                • Why is it wrong to want a loved one in the spirit world to have eternal rest and peace? You can still be resting and having a peaceful time in spirit. It is wrong to tell someone they should remove the RIP as everyone has different thoughts and feelings about what happens. No one can tell another how to think. RIP and the spirit realm can co-exist.

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                  • Ok, fine, you think what you like. If that’s what you think,and that’s what they need to do in the spirit realm. They need lots of rest. To the human race the words RIP means the end. If thats what you think those in the spirit realm are doing, it fine by me. My wife told me to remove the words RIP, because in the spirit realms it is words they do not like, after finding all there lives, they where being lied to about the truth of Life after so called death. So they don’t want to be reminded, when they are very much alive and well and enjoying life fully in the realms of spirit. I ask people to stop living the greatest lie told to humanity, it’s what I found, and I pass on what spirit would like. I am fed up with lies, I only want truth. And RIP is the biggest lie, because it does not exist. It just for those on earth to feel good, but they don;t understand that those thougts that are received in the spirit realms from those on the earth, they are not helping those just passing over.Thought is the most powerful tool each human holds, but they don’t know how to harness it.
                    Regards.

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  45. BR, one can’t help but wonder why you constantly try to downplay or deny the reality of what had actually happened? Your above-mentioned sentence “Who ever pushed Allison over the bridge was hardly trying to conceal anything” is utterly not factual.

    Firstly, Allison was NOT pushed off the bridge at all. She was very carefully placed right UNDERNEATH it, high enough up on the bank so she would not get washed down-river, specifically to CONCEAL her from sight from just about every vantage point except the river itself (as she was eventually found). This quiet bushland venue was also largely without pedestrian traffic, thus an ideal spot for a murderer to place a body that he did want found (so he can claim her life insurance), but not for at least a week or two, so DNA evidence (plenty of his DNA especially under her fingernails) and cause-of-death evidence would be destroyed.

    Secondly, why do you say “who ever”, when we all know the perpetrator by name – Gerard Baden Clay (possibly if not probably with the help of daddy). You seem to have difficulty even just naming him in the context of disposing of his victim’s body…

    It is unavoidable for one to gain the perception that you have an emotional connection with Gerard and a strong wish to see him get off with this murder….Does the B in BR perhaps stand for Bwana?

    Like

    • RIP Allison
      If I had any ’emotional connection with GBC’ I wouldn’t have argued from day dot that I thought he killed her…..and maintained that position throughout the Trial. It would seem from the Appeals Crt judgement that those that argued and screamed ‘Murder’ may be the ’emotional’ ones. Anyhow, time will tell on that.

      If you know what ‘actually happened’, I’m curious why you didn’t present yourself to the DPP, told them and then made yourself available to give that ‘factual’ evidence under oath? It seems it may not be that ‘factual’ but more of an opinion….and of course you’re entitled to that without me accusing you of being Allisons best bud.

      I say ‘who ever’ for one simple reason…..nobody is certain. Not the Police, not the Courts, not the myriad of (paid handsomely) ‘Experts’.

      Again…if you know for certain, tell the Police so they can charge him with ‘Disposing of a Corpse’ based on your ‘factual’ evidence. They appear to think that they never had enough evidence for that charge. Help ’em out….do your duty….I can’t understand why you’ve kept this factual evidence to yourself.

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  46. BR the DPP does not need any assistance re where Allison’s body was placed or by whom. I do remember Gerard Baden Clay being charged with her murder and interfering with her body. And him being found guilty by a jury after a trial that lasted several weeks. (We are yet to see the final outcome of his appeal process).

    Only when it became crystal clear that he was not going to get away with murder after all, did he spin the only yarn he had not spun yet – that he had in fact killed her, but ‘accidentally’.

    Considering he has told hundreds of lies thus far – even under oath, why anyone will believe his latest claim in order to get off with manslaughter instead, is honestly beyond me. IMO the large body of evidence I saw revealed during the trial stack up otherwise.

    One thing is clear, we can not believe a word that Gerard Baden Clay says. We now have to rely on the legal processes currently in motion to ascertain the truth. Time will tell….

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    • RIP Allison

      One small point….GBC has never said he killed Allison…..ever.

      His Defence Counsel floated the idea (rather cunningly I think) to the Jury that it ‘may have happened’ and if they think it happened that way they could bring in the Manslaughter conviction, but GBC never said it.

      Really no different to any contested charge ever…Accused – “I didn’t do it”, Jury – “We think you did”. The accused doesn’t get an extra punishment, he just doesn’t get the ‘discounts’ (up to 66%) available for an early guilty plea.

      But (theres’ always a but!)….in this case GBC couldn’t plead ‘early’ to Manslaughter because the DPP wouldn’t offer that charge. I’d imagine (if the Manslaughter charge stands) the Court will meet half way with the sentence….because GBC wasn’t given the opportunity to plead to the charge that he was ultimately convicted of.

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        • Likewise BR.

          Surely GBC’s lawyer can not put forward a plea that GBC has not agreed to?!!!

          I am afraid the notion that a lawyer can ‘float’ a manslaughter plea without a perpetrator having admitted to such, and get a murder charge overthrown on the basis of such a feeble, unsubstantiated mere ‘suggestion’, is well and truly beyond my grasp!

          It sounds more like the type of shenanigans one expects to find in a 3rd world country, not in a supposedly robust 1st world legal system. Rather disappointing I must say…but we’re yet to see how it all ends.

          Who needs law degrees if valid evidence and jury findings can be ignored and criminals can ‘request’ lesser sentences in such a simplistic way? It leaves the door wide open for corruption….a real concern…

          I am going to keep the faith that when all is said and done justice will prevail and this sad case will end in a fair and just way.

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          • It’s the uniqueness of the Murder charge….a Jury has the ability to bring in the alternative conviction of Manslaughter. Mostly, offences don’t have ‘alternatives’ like Murder has.

            Normally the Prosecution loves the ‘alternative’ ability because there’s enormous pressure on the accused to plead Guilty to that alternative after charging him/her with the ‘Major’ (two bites of the cherry so to speak). E.g. An accused person might commit ‘Manslaughter’ with penalties ranging from 8-15 yrs (depending on the facts of the incident), but will be charged with “Murder’ with mandatory Life imprisonment. He/she then has to plead ‘early’ …. And have that plea accepted by the DPP to avoid a possible Murder conviction because they’re dumb/nervous/uneducated etc etc, and get that mandatory Life imprisonment sentence. As I said…enormous pressure to plead guilty to avoid mandatory ‘Life’. Which is the problem with Mandatory sentencing….it forces Trials.

            The flip side to this ‘two bites of the cherry’ charge is that every now and then the Appeals Crt will say “No, it’s the ‘Minor’, not the ‘Major’.

            As far as the Defence ‘floating’ the notion of Manslaughter, the Judge also did it….he has to, such is the uniqueness of ‘Murder’ with 3 possible outcomes 1. Guilty of Murder 2. Guilty of Manslaughter 3. Not Guilty of anything.

            The Judge has to explain that to the Jury that they can bring the ‘alternative’ (Manslaughter) if that’s what they find. His Defence Counsel just confirmed it a bit more forcefully……the bit where people think GBC ‘pleaded’, which he didn’t.

            I’d say they made that decision at the last moment after watching which way the wind was blowing for the Jury with all of the massive hype this Trial was getting….and it appears to have been successful for them, which is their job.

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            • Thanks for the explanation BR. It is a complicated system, but it’s also important for confidence and respect in the system to be upheld, that its complicity is not used by criminals to get off lightly via loopholes and technicalities.

              I do remember now that there was talk at the time of the initial sentence that he could be found guilty of manslaughter or murder or neither.Of course IMO me the outcome was right.

              GBC has had thousands of opportunities between Allison’s ‘disappearance’ and the last day of his trial to admit to manslaughter, He has steadfastly chosen not to, telling lie upon lie instead.

              I can not see his lawyers being able to ‘float’ ANY idea that he has not sanctioned or agreed with, so he may still not have officially confessed to anything but is certainly going along with this plan B to try and get years off his sentence and get the hands that killed Allison on her insurance money, which I feel should not be allowed.

              We strongly differ on this point but IMO he is guilty of cold blooded murder, everything screams pre-planning, massive and deliberate deception way beyond what would be thought of in a spur of the moment ‘panicked’ attack.

              ‘Panicked’ he was not. IMO he was a man with a plan….a very callous one….converting a person he no longer had a use for to $$……and he is still trying every which way to ‘play the system’ and execute his plan in some form or another…..

              No sympathy from me I’m afraid. I’d like to see murder upheld which is what I honestly believe it was.

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              • Your theory is all very possible, unfortunately the Appeals Crt has found that it doesn’t get past ‘Beyond a reasonable doubt’ when other theories are introduced….the issue with predominantly circumstantial cases.

                I know a lot of people say that Judges live in ivory towers, no grasp of reality etc, but they listen to this stuff and watch the various parties every day of their working life. They would have sat through countless stories of cheating, abuse, retribution, despair, vengeance. Far more than any of us.

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  47. RIP Allison (the page was going skinny again…)

    It’s maybe a small picky point, but none of it is a ‘Technicality or a loophole’, which gets people upset when they think it is, and of course we hear ‘technicality’ all of the time when one side loses.

    This is just simply ‘evidence’ or the lack of it.

    A ‘Technicality’ would be something like a mistake on a Traffic ticket.

    A ‘Loophole’ would be poorly worded charges.

    Interestingly, while we all know that ‘ignorance of the law is no excuse’ to everyone, there’s only one time when that doesn’t apply……specifically to Politicians when any prosecution under a specific set of circumstances has to prove that they knew the law….how about that….. who’d a thunk it.

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    • BR, OK thanks for the legal education. A non-legal perspective:

      When murders are premeditated, perpetrators will carefully plan:
      – when/where/how to do their dirty deed to avoid being detected as far as possible (eg middle of the night in Brookfield)
      – clean up/remove evidence (house had a big clean/tidy in the middle of the night, fancy cups put out in readiness for receiving important ‘visitors’ eg Police, even portrait of GBC and Allison already removed! (huh?), Allison’s blood wiped off inside car, toys packed where she lay/bled in the back of the car, immediately grew beard to hide fingernail scratches on face)
      – dump or hide the body (UNDER the Kholo bridge was carefully considered, an ideal place where she would be concealed long enough for DNA and COD evidence to deteriorate, and then can be ‘found’ in a couple of weeks so insurance pay-out can hastily be applied for)
      – shift attention elsewhere (place Zoloft packet on Allison’s dashboard, hid her phone ‘on’ but with GPS ‘off’ near their Brookfield home, to keep the search in that area and away from the Mt Crosby bushland as long as possible)
      – at all cost plead the 5th! DENY all involvement vehemently even if it makes you look stupid. As long as you do not incriminate yourself and confess, the law can be more concerned about your rights that those lost by your victim, and there’s a good chance you can get away with murder (huh?)

      Murderers are not going to supply confessions and video footage of their murders!!! Should they be rewarded for pleading the 5th, being ruthless liars, careful planning of their crimes, high levels of deception and concealing evidence, by letting them get away with murder? Surely not!

      IMO the law has to examine the ENTIRE body of evidence, circumstantial and otherwise, and also consider for example:
      – whether the perpetrator’s behaviour and level of deception indicates a planned rather than a spur of the moment event (as outlined above)
      – motive/desperation ($$$$ to avoid bankruptcy and getting rid of an unwanted but needy wife, promised mistress who was running out of patience that he’d be debt-free and with her by 1 July – a very specific target set)

      In round 1 after a trial lasting several weeks a jury did consider all the above and concluded Gerard Baden Clay deliberately murdered his wife. IMO this was a sound judgement.

      Now for round 2….the integrity of the appeal court decision has been called into question…the justice system will be put to the test.

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      • All possible. My major issue with those possibilities is why do it in his own home with his kids there, when so many things could go wrong. (No evidence at all that the kids were ‘drugged’)

        Why remove the photo? Wouldn’t it be better for him if he showed a loving family?…..I’d say she’d removed it. Men just generally don’t care that about knick knacks in the house. Women (generally) are the ones who have to adjust ‘images’ in the house depending on what’s happening in their life.

        Using ‘the good tea set’…..it’s not 1950 anymore. I use antique or Fine Bone China everyday for every meal….. Why?…. Because every one of my female friends have told me to use it…..don’t stick it in a cupboard gathering dust.

        McHUGH…..the bit on the side. No honest commitment to her…..ever. He played the field constantly, irrespective of telling her what she wanted to hear…..which she agreed with under oath.

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  48. I believe that Allison Dickie Baden Clay is deceased, otherwise known as DEAD
    I believe that Allison was murdered by SOMEONE.
    I believe that Allison’s Murderer is playing with the Law.
    I believe that Allison’s husband does not grasp that same situation,.
    Correction: Allison’s husband does not WANT to grasp that same situation, least he appears to be implicated.
    I believe that that Allison’s husband is a conniving, lying, cheating, deceitful,cunning, manipulative, scheming, dishonest, fraudulent, thieving,l ow life excuse for a “man”:
    I believe that he, Allison’s husband; might have friends in high places.
    All that belief of mine might be connected. Might not. Dunno.
    End result: Allison is dead.
    Husband only concerned about himself.Even now.
    Draw own conclusions: Use common sense. Use historical data. Use historical parameters.
    Delete emotional or sentimental data.
    Use common sense, Use science. Use understanding.
    Learn what “Deriding the Law” means.
    Hint: Toss a bit of religion in for flavour. (That’s what a guilty marked man usually does)
    This is a text book “domestic violence” or whatever you want to name it scenario.
    It is Murder.It is killing. It is intentional or un-intentional or how-ever you want it.
    The end result is the same.
    One murdered. One murderer.

    Liked by 1 person

    • What you’ve highlighted in your closing post is exactly what the Appeals Crt was trying to correct.

      Peoples assumption that “intentional or un-intentional” equals Murder. It just simply doesn’t.

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  49. BR I think most people understand the difference between intentional and unintentional, and are not assuming them to be the same. However in this case I believe it was intentional = murder.

    Allison was not the party in the BC relationship who was doing the provocation. So if anyone could have justified having been provoked to the point of voluntary manslaughter during any of their spats about his infidelity, it would have been Allison – NOT Gerard.

    The worst I expect Allison may have done that night was to refuse to ‘obey’ him regarding his mistress’s wish that Allison must not attend the real estate conference the next day. This would have been cause for an argument but does not justify killing her! He CHOSE to do just that.

    It became abundantly clear after her ‘disappearance’ and during his trial that he did not care a hoot about Allison, was sick and tired of pretending to play along with her wish to save the marriage, and dearly wanted to be rid of her. In the context of preceding enquiries about her life insurance, paying it in spite of being in debt to the tune of nearly $1million, plus the fact that it just happened to be +/- the amount he needed to save his self-important self from the embarrassment of bankruptcy, and the very telling promise he had made his mistress that he would be debt-free and with her as a free man by 1 July – merely weeks away, as well as MANY indicators of pre-planning and well considered deception as I have already listed in previous posts, IMO it was INTENTIONAL, ie MURDER.

    No ‘correction’ was required by the appeals court – the original sentence was correct – and clearly it’s not just me who believe so, or else the appeals court decision would not currently be challenged. Time will tell.

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    • RIP Allison
      I agree that most people understand the difference. My comment was only really just directed to that particular post where the difference didn’t seem to matter.

      Anyhoo….

      You seem to contradict yourself with the….. “So if anyone could have justified having been provoked to the point of voluntary manslaughter (or ‘Attempted’…..my comment) during any of their spats about his infidelity, it would have been Allison – NOT Gerard.”

      To which I agree wholeheartedly…..and the face scratches appear to prove at least some sort of assault on him.

      You then contradict this by saying…..”The worst I expect Allison may have done ….(etc)….”

      I expect the Appeals Crt found exactly that….the… “if anyone could have justified having been provoked to the point of voluntary (‘Involuntary’ actually…..the ‘heat of passion’ defence, but I know what you meant)…..etc…..it would have been Allison.

      All of these probabilities just brings the weight of evidence down beyond what’s required for ‘Beyond a reasonable doubt’ and that’s what it’s all about….the balance of probabilities.

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      • BR it looks like I did not make my meaning totally clear.

        I meant if Allison had hypothetically killed Gerard, her very provocative, emotionally abusive and perpetually unfaithful husband, I would consider voluntary manslaughter justified as HER sentence.

        However for Gerard, the provoker, who dearly wanted to be rid of Allison (not the other way around), the one who urgently needed $1 million to get out of the massive debt situation he had placed himself in, to kill Allison the victim not the provoker in the situation to get rid of her and obtain her $1 million life insurance, his sentence would NOT be manslaughter in my books, it will be murder.

        Allison clearly fought for her life, but with Gerard being larger, heavier and stronger than her, she did not have a chance. She also would never had anticipated that he was willing to kill her, so she would have been taken by surprise too. He went through with what he had planned IMO.

        Allison’s life insurance and his immediate and permanent freedom from her were too big temptations to resist….

        Anyway, we can all think what we want, the fact that the appeal did not go down uncontested means there are 2 schools of thought, not just among the public but also in legal circles. You and I clearly sit on opposite sides of this argument.

        It is good as you had pointed out earlier that we can debate our different opinions calmly and rationally. And it is good that in such complicated cases there are multiple layers of law to nut out what the actual TRUTH is, and determine the most fair and just outcome.

        Nevertheless a very sad case, with no winners, just losers all round. The best we can hope for is truth and justice.

        The die have been cast, what will be will be – we can now just wait and see…

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        • It’s a shame that the DPP and the Defence appear to have agreed to shut down any discussion about the Insurance, even to the point where the DPP have stated that it’s not relevant to the case.

          For both the DPP and the Defence to remain silent about the Insurance (at the end) suggests very strongly that they’ve made a private agreement about it. (Private Horse Trading)

          There were two things about the Insurance as you’ve pointed out (a) The pre death enquiry and (b) the post death quick claim.

          The post death quick claim speaks for itself…..the pre death enquiry is a mystery. For the DPP to announce that it ‘dropped it’ seems to suggest that the enquiry was harmless or in fact in GBC’s favour (I.e. Reducing the Premiums by lowering the amount due to the financial strain).

          So….both sides become happy. The Jury doesn’t hear the real pre death enquiry and are told not to consider the post death quick claim because it’s ‘unimportant’.

          Horse trading behind the scenes…..that’s what they do.

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  50. Hmmm…I do not like horse trading when it comes to serious legal matters.

    One can not review anything fully unless you are willing and able to review ALL the facts surrounding the situation. It is not analytically sound to decide upfront to ignore certain facts, it sounds like something politicians will do when they have their heads buried firmly under the sand about some topic they do not want to address.

    I can not see how one can apply that kind of protocol to the law. That could be like saying let’s consider all facts except the ones implicating GBC of murder, and then we can comfortably come to the conclusion that it was manslaughter. I think it would stink if this is what they plan to do.

    I hope this particular previous arrangement is somehow cast aside during the appeal. You can not make a fair and just decision by actively ignoring important and relevant evidence. If you do you are skewing the evidence in one direction or another. And the law should not be biased, it should be objective and consider all evidence. One does not have to be a rocket scientist to understand that.

    Makes me wonder again about that very specific face time call from GBC’s phone to his dad round about the time Allison was killed, recorded at a very specific time connected to a number that happened to be his dad’s…and then suddenly we were told this was a complete error and never happened…huh??? Something about that scenario never made sense and still does not. I can not believe such very specific evidence can exist and then suddenly not. Did they decide they did not want to drag Nigel into the activities of the night because it may muddy the water, so best to drop this one piece of evidence that clearly connected him to the goings on…or what ???? More horsetrading?

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    • Very noble ideals RIP Allison.

      Unfortunately the art of bargaining is well and truly entrenched in all levels of the Courts.

      Mr. Wikipedia gives a pretty good summation in ‘Plea Bargain’ and touches on all of the aspects of negotiations behind the scenes and why it’s done.

      Even the Court itself promotes ‘bargaining’ by offering Sentence discounts (33% for a Guilty plea and a further 33% if it’s ‘early’) for anyone willing to put their hand up to a Plea…..which I don’t quite understand when they won’t accept a Statement or Plea if there’s been any “Promise, threat or Inducement made” by anyone in Authority.

      Mr. Wiki tells us that approx 90% of all Criminal matters don’t go to Trial in the USA through ‘bargaining’.

      Probably why when we see Lawyers on the News they’re all a bit casual when the talk of ‘rights’, ‘truth’ etc pop up and give the stock standard “just trust the Courts’ answer.

      Like

  51. Hmmmm …all somewhat Greek to me. Not a field of work I would want to be involved in. No wonder obtaining justice can be such a costly and elusive mission.

    If one wants to investigate anything thoroughly, get to the TRUTH of what happened and ROOT CAUSE of an event, you have to consider ALL EVIDENCE. You can not decide prior to an investigation to exclude certain information, biasing your perspective and conclusion.

    Is thus seems like a totally crazy idea to exclude relevant evidence via ‘plea bargains’ in the legal system! I will continue to hope all factors will be considered fairly in this case.

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    • P.S. It seems to me selectively omitting evidence relevant is just as bad as manufacturing evidence. Both deliberately misleads and obstructs justice from being served. So why should selective omission be OK but manufactured evidence not?

      (It’s like saying lying by omission of the truth is ‘better’ than lies telling untruths. Both intend to mislead, same outcome via different route)

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      • Human nature and the ‘adversarial’ game played in all aspects of Justice. It always amuses me when people deride Defence lawyers for doing their best to get their client ‘off’ but ignore Prosecutors doing their best to convict the same person, when any study of ‘Justice’ tells us that everyone’s responsibility is to find the truth. These things are biased from the moment the first call comes in and all the way through to the end of a Trial.

        Depending on the outcome of a Trial, Justice is either ‘served’ or ‘an ass’. It’s why Lawyers always appear a bit ambivalent….and they’re all ‘colleagues’ anyway irrespective of what side they’re on, on any given day.

        With ‘Plea bargains’, they always suit both parties otherwise they wouldn’t be involved in them. People conveniently overlook the role of Prosecutors in Plea Bargains.

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  52. BR. You have ALOT of sense and it’s clear you are well educated and informed. Really happy to see people stand up against the mob groups. I’ve had enough of the bleeding hearts going up against the law. We aren’t in the Middle East or in an uprising? Why are these people acting like animals protesting and rallying… It’s quite sad actually. Anyways cheers to you BR. Doing a great job!

    Like

    • Thanks Elenor. I must admit, it is the ‘mob mentality’ that gets me going. There are a lot of people who argue their case with passion and intelligence, but unfortunately in cases like this the ‘mob’ also chimes in with outlandlish and unfounded comments….which gets my dander up.

      Like

  53. The DPP have just sent their reasons to the High Court to prove INTENT/MOTIVE.
    1. His ‘devotion’ to McHugh.
    2. His dumping of the body.

    I’m not too sure how this will go. He was a serial philanderer (even against McHugh) and had lied to her (McHugh) on many occasions. She also gave evidence that she didn’t believe he’d ‘come to her’ based on previous commitments , lies and actions.

    ‘Dumping of the body’. That’s a stretch for INTENT/MOTIVE. Fear and guilt of what just happened would be more believable than a pre planned Murder in his own home with his children in the house.

    21 days now for the Defence to provide their reasoning.

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  54. I might add, people say “Why didn’t he just call the Police if it was an accident during a push and shove episode”.

    The facts of that approach is he still would have been charged with Murder with the Jury having the ability to bring in Manslaughter. The exact same predicament he ultimately found himself in.

    The idea that the Police would have said “Well, that’s a bit of bad luck….off you go”, isn’t anywhere on the radar.

    If it was an accident he was still looking at “Life”, enough to instil fear and worry into anyone.

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  55. Hmmph! Can’t wok out why he didn’t sue the blue blazes out of Gillette if it was simply about money. And inability to come by same big money
    I believe that Gillette mark 3 (or whatever it was) helped to make marks over serious fingernail scratches. (A little bit of truth in every lie story etc); Then again, Gillette Company might be a formidable opponent. Might even backfire. Gillette might sue GBC for defamation etc. Unlike a deceased person.
    The caterpillar yarn had to be disproved at great expense, and with no concern for the deceased person. The Caterpillars were unlikely to fight back in Court.
    Regarding the mob mentality nonsense that has been put forth: That is pure unadulterated,and absolute rot. And and an insult to any reasonable thinking person.
    I personally drew my own conclusions, based on gut instinct, plus a smattering of personal experience with Narcissists. (They are very crafty. And have an ability to blame shift, with ease.)
    I can smell a Narcissist from a mile off. Can also smell a Liar based on body language.
    This stuff does not stand in a Court of Law, however.
    There is a dirty rotten bastard in Queensland who knows all this: and is quite happy to play a game of “Catch Me If You Can.” It IS only a play game, right?
    Unable even to present even a show of grief over one deceased wife.
    This post is about more about Money, Motive, Means, Opportunity.
    Not lateral thinking in regards to financial problems.
    A following post will mention the Golden Child.

    Like

    • Your ‘gut instinct’ appears to be immaterial now. (…and I think that’s what the other Poster was talking about with the ‘Mob’, working on their gut instinct because they’ve known a Narcissist and most likely been hurt by one…..as opposed to ‘evidence’.)

      Even the DPP haven’t used any ‘money’ angle in their Appeal documents. Just the two points 1. Running off with McHUGH 2. The body was dumped.

      He was hardly treating McHUGH as the love of his life.

      The body was a dumped post death.

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      • As usual I disagree BR. In as much as self-centered GBR can love somebody he certainly treated McHugh as the love of his life.

        He went to a lot of trouble to find various deceptive ways to contact her and get together with her physically at every opportunity. Even after becoming a suspected murderer he could not stay away from her.

        He promised her he would be debt-free and a free man with her by 1 July (merely weeks a way), and he took action in accord with this. Very drastic action – he murdered his wife, the only action which would have enabled him to keep this promise. And he disposed of her body in a most disrespectful manner which suited his wish for DNA and COD evidence to deteriorate before she was found.

        He was even prepared to rob his 3 little girls of the love and care of their mother life-long, to realise his dream of settling his debts and moving on with Mchugh.

        It was also very clear from how/where he executed the disposal of her body and many behaviour/actions thereafter that this was a very carefully planned event, NOT an accident. Awful!

        I hope he gets what he deserves, and stays behind bars for a very looooong time.

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        • Possibly, RIP Allison.

          But, if we believe what’s told over and over that GBC is a Narcissist, then everyone is ruled out as his most important person. (apart from himself of course), and I’m pretty sure he is a very much a Narcissist.

          The Law always works on ‘the average person’ (if no other real evidence is available)….also known as ‘the average man test’.

          Anyhow….the ‘average man’ in the same position would leave his wife to be with his ‘love’, as ‘average women’ would leave their husbands.

          If the Crown is going too argue that the likely scenario of a man having a wife and girlfriend is that he’ll kill his wife, then it just simply fails ‘the average man test’.

          I know your argument about the commitment to McHUGH, I think it was just a bit hollow (as people do) from a common adulterer….which it’s been proven that he is.

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          • I have to side with BR on this one. It was the money or fear of what a divorce would do to HIS public image/finances. Nothing more, nothing less. I fear the State’s case will be a bit weak in that regard. You all KNOW how passionate I am about this case but even in court, I felt at times the Prosecution was just barking up the wrong tree motive-wise. TMH was just another pawn. A means to an end. An amusement. God, it frustrates me no end that legally it has come to this 😤😤😤

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    • I saw that as the headline in todays Courier Mail.

      Apparently he’s supposed to find a better class of friend in the States Sex Offender Prison. Talk about laugh. Another Courier Mail journalistic masterpiece.

      Liked by 1 person

  56. Like attracts like…http://www.dailymail.co.uk/news/article-3437158/Gerard-Baden-Clay-friends-Max-Sica-volunteers-prison-kitchen-does-metal-works.html?ito=social-twitter_DailyMailAU
    They have stuff in common – both how it feels to drain the life out of a person you are supposed to care about, how to lie through their teeth with a straight face, they hate having been caught out, and both would very much would like to get off with their murders. So lots to talk about.

    Liked by 1 person

    • I agree, they’d both be protesting their innocence and would be willing supports for each other. If they didn’t offer some support for each other the friendship would just naturally die off.

      I think the main reason for the friendship is that they’re similar ages with similar intellect and neither are Sex Offenders. Does the C-M suggest that GBC should defriend SICA and strike up a friendship with the ‘Bone Crusher’ who’s also at Wolston? A nic name not from any tough encounters, but from the sound a 5 yr olds hips make during penetration. THAT would be worth writing about.

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        • Sorry, but BR is right in all his posts. The logic is that there is not enough evidence to prove he murdered her. Second to that, there is also countless reasons to suggest it wasn’t murder. Heck, the whole profile of the case suggests she ingested Zoloft and alcohol that night and could of wound up in any state, leaving the home erratically and meeting some killer on her walk. To the pro Allison defense – where are GBCs muddy clothes from apparently dumping her in that creek (it’s not accessible without getting dirty trust me my husband and I live 10 mins from it and have gone to scope it out). Why hasn’t somebody acknowledged that she was taking Zoloft and that Zoloft is quite a strong anti depressant, not usually given without another co drug, and the fact that she is taking that drug, implies something is seriously going wrong in her mind. Zoloft carries a Black box warning due to its suicidal tendincy findings. Which if you look at the autopsy report – suicide would be consistent with the suspected hemorrhaging to her head. No strangulation, gun shot, Stab wounds are present on her body which makes deliberate murder not likely to me. Don’t bother reply to me calling me a “monster” or “heartless” or “wrong”. I’ve worked in public health for 34 years and there are a lot of health professionals that see the autopsy report and medical references to this case as grossly inadequate.

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        • Yes, it is shocking…….but people seemed to think he’d be better off talking to someone other than SICA. I’d rather him talk to SICA than this specimen. Do people think he’s at Band Camp?

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  57. Fascinating High Crt arguments from both sides…….
    DPP – “We reckon he did it”.
    Defence “No he didn’t”.

    No wonder the High Crt refuses to hear 95% of Appeals.

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  58. http://www.abc.net.au/news/2016-02-22/gerard-baden-clay-lawyers-legal-submission-downgraded-conviction/7190374

    Gerard Baden Clay is a proven liar through and through. He does not have the balls to tell the truth, but planned and executed the cold-blooded murder of his wife and mother of 3 little girls – for precisely the reasons stated by the DPP – clear as day and without ANY doubt.

    So one wonders why the prosecution so badly wants to free this lying scumbag?
    Are there Baden Clay bribes or free mason deals going down behind the scenes? It sure as heck looks like someone is pulling very hard on some strings to wrong a right.

    May justice prevail and he sit in prison for a very long time – as he deserves to.

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    • I don’t think the DPP is trying to free him, they just don’t have a great deal of hard evidence to prove Murder. They’re relying on the weight of the circumstantial stuff….always bound to be difficult once a Court has to decide to lock someone up for LIFE.

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      • If someone intentionally robbed someone else of their LIFE, then he should forfeit freedom the rest of his LIFE – even a murder conviction at 20 or 25 years is nowhere near LIFE-long and in reality a very light sentence for having murdered one’s wife robbing her of her ENTIRE LIFE and her 3 young children of their loving mother LIFE long. His greed and cruel decision to get rid of and cash in on Allison’s LIFE affected many LIVES.

        The defense must know as well as everyone else that he did it. It is highly suspicious and shameful in my book that they go to such lengths raking in ever more taxpayer money in the process of trying to reduce this wife-killer’s already LIGHT sentence considering what he has done.

        Go DPP! Keep him behind bars for as long as possible, the absolute least form of justice there can be for Allison. In fact instead of a ‘discount’, for his continued lies and extensive perjury I’d like to see a few more years added!

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      • Murder = intentional killing. One can not photograph INTENT, or get a certified copy of it. One has to read someone’s INTENT in the “circumstantial stuff’ surrounding them – like their stated wishes actions.

        Gerard Baden Clay’s intent to kill his wife can be read very clearly in
        1) His expressed WISHES to repay his almost $1million debt to avoid bankruptcy and be rid of his wife (who happened to have a life insurance policy which he kept paying in spite of his dire financial situation covering his debt almost exactly) so that he could as promised be with his mistress a free man in a matter of weeks.
        2) The ACTIONS the took to fulfill those wishes – he promised his mistress he would settle his debts and be with her, a free man by 1 July. Then he took the ONLY action which could possibly make this dream of his a reality in a matter of weeks – he murdered his wife, hid her body under a bridge at Kholo Creek and her phone on and near their home, thus keeping the search for her away from where her body was to give DNA and COD evidence maximum chance to deteriorate before she was to be found. He was in such a rush to get his murderous hands on her life insurance that as soon as a body was located and even before she was positively identified, he already filed a claim for her life insurance! And his callous lies and deceitful behaviour after announcing her ‘disappearance’ is absolutely telling.

        He was a man with a selfish and murderous plan. Sadly he followed through on it. There is NO doubt Allison’s MURDER was planned and deliberate.

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        • All of that is certainly a theory. Just as the ‘accidental’ death put forward by the Defence is also a theory.

          With both theories based on the same set of circumstances i.e. adultery, financial strife, shame, betrayal etc etc….which in turn will make a conviction for MURDER ‘unsafe’ as a Domestic turned violent (by one or both) is just as possible.

          The ‘Insurance’ may just be a bit fortuitous for GBC. It would appear that he originally wanted to cancel the Premiums (or reduce them) but couldn’t because they were in her name. I think this is why the DPP made a point of saying that this line wasn’t important….even if he later did murder her (in theory). It’s the ‘Enquiry’ about cancelling/reducing them that’s recorded, which of course doesn’t help the DPP, even if later he did (in theory) murder her for the money. The only evidence is him trying to cancel/reduce them.

          McHUGH…..still just a bit on the side. He knew it, she knew it and gave evidence supporting it. That bird ain’t gunna fly.

          His lies, disposing of the body is just fear/shame AFTER the event. INTENT has to be BEFORE the event.

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          • His INTENT is clearly stated BEFORE he murdered his wife in the commitment he gave his mistress that he would sort out his debt and be with her, a free man by 1 July.

            His actions AFTER the murder confirmed that he went through with the ONLY plan that could have resulted in his debt being paid and him being a free man with his mistress a mere few weeks later.

            The insurance is not a coincidental benefit for him – he needed every penny of it to settle his debts.

            McHugh was not just a bit on the side like the few other flings he had – he could not stay away from her. He badly wanted to be rid of Allison and to be with her. HE WANTED McHUGH very much. I will not be in the slightest surprised if she will be waiting for him when he gets out.

            He murdered his wife to get his hands on her life insurance and to replace her by McHugh.

            He knows no shame. He is too arrogant to even know he should feel shame. He disposed of Allison in a very calculated and carefully planned way, not in a hysterical spur of the moment way. He has to this day not shown any shame or remorse about what he has done. He is just trying very hard to get away with as much of the terrible crime he committed as he possibly can, and sadly is assisted in doing so at taxpayer expense. that is a shame.

            I sincerely hope his appeal is unsuccessful.

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            • All possible……but (there’s always a but), he had made other attempts to sort out his debts. Sure, he was running out of options or even ran out of options, but it at least showed that ‘killing his wife for money’ wasn’t foremost in his mind. If he was as calculating as you’d like us to think, why not just make that Plan A and not have to repay any debt? He had made efforts to (a) Obtain loans (b) Restructure the business under the guidance of his Investors.

              Even his 3 Amigos said that they thought the business was on track after the restructuring.

              McHUGH…..she was like last nights Chinese Take Away. You’d prefer something else but it’s quick and easy. She gave evidence that she (a) Didn’t believe him. (b) He’s lied to her before about this. (c) He’s been unfaithful to her.

              This isn’t Romeo and Juliet…..by a long shot. She was just ‘available’ and that’s his M.O. with women (who make themselves available).

              The High Court won’t hear any evidence, they just examine the evidence already given….and that’s what’s been given.

              Like

              • p.s. If this was a classic ‘Love Triangle’ I could believe it.

                Unfortunately (or fortunately depending on perspective), we heard McHUGH give evidence, we saw McHUGH in the paper and Womens Mags and saw her interviewed on telly.

                This was not your classic great love. It was casual and convenient sex by a couple of grubs.

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                • BR I strongly disagree. You can not ignore GBR’s OWN STATED INTENTIONS (of paying his debts and being a free man with his mistress in a few weeks’ time) as well as the ACTIONS he followed them through with, and play down the reality of what actually took place. Putting spin on what really happened does not change the facts.

                  As for trying to sort out his finances, the facts are that he had already borrowed way more than he should ever have from every person he possibly could have. No one wanted to lend him any more $$. So he had NO further options except for Allison’s life insurance which would have covered his ridiculously excessive debt nicely. He portrayed to any Amigo willing to listen that he was a successful high-flying business man, but the reality was totally different. he had no money sense. As his partners testified and his books showed it was heading for bankruptcy. He could not even pay his phone bills. (But notably he stuck with Allison’s life insurance! Go figure!) If I remember correctly on the day of Allison’s murder his card was even declined in the supermarket. He was max’d out on credit. It was crunch time for GBC.

                  As for McHugh, the facts surrounding how much trouble he went to to communicate with and spend time with her indicates clearly that he was smitten by her. He could not stay away from her or keep his hands off her. His need for upholding a ‘successful family man’ image kept him from divorcing Allison sooner to be with McHugh, but he clearly could not keep up the charade of trying to make the marriage work any longer. McHugh had also issued her final ultimatum – if he stalled any longer he was going to lose her too. So this was it – he had run out of stalling time. He was pushed to make a decision by both the women in his life – he HAD to choose. And he did. He chose McHugh.

                  Sadly he went way further – he also chose to cash in his unwanted wife for her life insurance, thereby avoiding divorce, freeing him up to be with McHugh as well as enabling him to settle his debts. Weeks before Allison’s murder, when Gerard assured McHugh that he would be with her a free and debt-free man by 1 July, he was clearly committed to his PLAN to murder Allison – HIS OWN INTENTIONS stated by himself.

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  59. RIP Allison
    I see the DPP’s response to the Defences argument is exactly as you’ve outlined. i.e. Money and McHUGH as being the necessary MOTIVE.

    I just don’t know how anyone can succeed with the argument of “his own statement/intention”, when he’s seen fairly universally as being a liar. It beggars belief that he’d lie to everyone….except McHugh. Yet, even she has given evidence that she didn’t believe him. The decision will certainly be interesting.

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  60. I have not read the DPP’s response but it’s very clear to me MONEY + MCHUGH were indeed the motives for Allison’s murder.

    GBC has been trying very hard to get off with murder, and to that end he has indeed been lying to the max. Underneath all the lies and deception there is a person who very much wanted to be free of the marriage and debt he found himself in, and craved loving and being with McHugh.

    McHugh was equally smitten by GBC and left a long-term partner to be available to get together with him. Sure he had promised her all along some day he will be with her, but this was easier said than done because he could not afford to set Allison up in a separate home and a divorce would not only unmask his dire financial situation and his extramarital affair with McHugh, but also destroy his public “loving family man and astute businessman” image …. Not something his ‘wannabe Baden’ family would relish either… So he stalled leaving Allison a few times simply because he could not work out a way around the above-mentioned problems it presented.

    Just before Allison’s death his problems spiraled out of control. Both women were losing patience, both pressured him to take action and commit to her, at the same time his financial situation was utterly dire to the point where he could not pay accounts, could not borrow any more and was max’d out on credit. He would not be able to continue paying Allison’s life insurance much longer either….

    Sadly from his perspective Allison’s death was his only escape from a marriage he hated being in without the stigma of a divorce tainting his ‘upstanding family man’ image, and without his dire financial situation and infidelity being unmasked – i.e. enabling him to keep all his dark secrets under wraps and quickly repaying the ~$million debt that was about to bankrupt him, much of it due by 30 June.

    Allison’s murder was the only ‘solution’ that would enable him to be with the love of his life McHugh, free from the huge debt he was in and with his reputation and image intact. This is what he eventually promised McHugh in very detailed terms down to a date (1 July) once he had worked out and was committed to his awful plan. And this time he took very decisive action to keep this detailed promise – murdering Allison several weeks before the promised date of 1 July.

    Of course it was all about HIS wants and needs…Allison’s did not count…..it is awful that he cared so little for her that in the end he traded her for $$ like a commodity that would give him what he wanted $$ and love wise and enable him to keep up appearances.

    I can see how he derived at this ‘solution’ but it is nevertheless utterly selfish, out of touch with reality and callous beyond words. A criminal psychologist will no doubt be able to explain this ruthless behaviour, its origins and mechanisms very well.

    Thankfully most of us do not kill unwanted partners to get rid of them and also rake in their life insurance.

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    • I think the timing is important, but relevant to the Conference that both Allison and McHUGH were going to attend the next day.

      Allison knew about McHUGH, so any ‘confrontation’ wasn’t going to be a sudden surprise that GBC dearly wanted to hide, it was common knowledge.

      The ‘surprise’ was all Allisons when she was told that night that McHUGH was going to be there. GBC had been outed weeks/months ago about the affair, so any appearance by McHUGH was never going to be a ‘gotcha’ moment, it was old news.

      The only person who would have been infuriated about being in the same room as McHUGH was Allison. GBC had already been given his medicine about the affair and for him, Allison bumping into McHUGH would have been merely unfortunate.

      That’s why I think the person who ‘lost it’ that night was Allison. It’s logical. GBC had already been found out months ago and been given his medicine. He had nothing to hide anymore.

      The money…that’s tough, since the DPP entered into evidence that it wasn’t relevant to the case. They obviously knew something that they haven’t explained.

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      • If as you say “the DPP’s response to the Defences argument is exactly as you’ve outlined. i.e. Money and McHUGH as being the necessary MOTIVE”, clearly MONEY has not been ruled out.

        And it certainly should not be ruled out because MONEY was in fact the MAIN reason Allison got murdered. If the only obstacle GBC had to overcome was leaving Allison at risk of his ‘family man’ image but he had no money issues, he would likely have long overcome his reservations and just divorced her.

        His crippling debt of nearly $million however could not be overcome by any means other than Allison’s life insurance, so his financial predicament was really the MAIN MOTIVE that dictated (in his mind) that she had to be MURDERED… while her life insurance was paid up (was running out fast) and before a large chunk of his debt was payable at the end of the financial year on 30 June.

        There was no ‘ordinary domestic’ on that fateful night, he had reached the end of his tether in terms of keeping up appearances. As per his very detailed and serious promise to McHugh about being with her debt-free and a free man on 1 July, he had already mentally committed to the decision to murder Allison, and had already planned where to hide her body so that DNA and COD evidence would deteriorate before she would be found (not many suitable venues, took some thought), and where to hide her phone near their home to keep the search focused away from where she really was for at least a week or so (again well planned and well hidden not just thrown on a bush, it was never found in spite of exhaustive searches).

        GBC would indeed have been very blunt with Allison that night, I suspect he told her that he had made his choice, that he was not in the least interested in saving their marriage and he very much loved and wanted McHugh. He likely also told her he no longer wanted her to go to the conference (as per McHugh’s demand) and probably a lot of other hurtful things. There would have been no holding back from his side during what he decided was their final conversation.

        Allison would have been shocked and distraught beyond measure, and even more so when he got physical and she realised he was planning to kill her.

        Then she would have pulled out all the stops to stay alive and clawed and fought back like a vixen – the evidence of how hard she fought to stay alive was clear for the world to see.

        I strongly believe this was no ‘ordinary domestic’ gone wrong at all – it was the execution of a planned murder primarily to obtain Allison’s life insurance so he could pay his crippling debt due 30 June and start a new life with his mistress McHugh on 1 July.

        A MURDER MOST FOUL as Agatha Christie might put it…

        Like

        • Lots of theories there.

          I still can’t see how the Crown can now claim ‘money’ as a motive when at Trial…..”Although there was evidence of an insurance policy on Mrs Baden-Clay’s life, the Crown at trial disavowed any suggestion that the appellant had killed her in order to benefit from it.” (taken directly from the Court Transcript).

          Considering the High Crt (if they in fact hear it) won’t be hearing any further evidence or examining any witnesses, I find it extremely difficult to understand why the Crown would use that as a part of their reasoning for overturning the Appeal, when at trial they ‘disavowed’ the notion of money being a motive.

          The High Crt can only look at the Trial transcripts and the Trial Transcripts show the Crown saying that ‘money’ wasn’t a motive. (and they’re the ones who would have investigated it to come to that conclusion). the High Crt won’t be investigating anything.

          It seems they’re just grasping at straws, which doesn’t look good for a High Crt decision to even look at it.

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          • It is very clear to many that GBC killed his wife primarily for her life insurance, secondarily to be rid of her so he could move on asap with mistress McHugh.

            There is absolutely NO sense in ignoring his very strong and obvious motivation – the $$ he desperately wanted to get his murderous hands on to settle his crippling $1million debt – impossible to get by ANY other means.

            It will be a miscarriage of justice if GBC’s greedy lust after Allison’s insurance money ahead of his 1 July promise to his mistress was ignored.

            It was his main motivation for for choosing to murder her (as opposed to divorcing her) – it MUST be considered very seriously in the verdict.

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            • I don’t disagree, but I just can’t see how it will be.

              The Crown ‘disavowed’ the notion that he killed for the Insurance payout during the Trial. Not just didn’t mention it (because they did raise it) but made a point of actually disavowing the theory.

              The only reason why I can think that they’d do that is because of what they found out through the investigative process……he tried to cancel the Policy or reduce it. Which of course the DPP would have dearly NOT wanted the Jury to hear.

              To now say that this is a Motive is argues against what they themselves said during the Trial.

              That’s what’s going to be sitting in front of the High Crt Judges.

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              • Only GBC knows what the reason for his keen interest in Allison’s life insurance was in the weeks leading up to her murder. The fact is, he did NOT cancel or reduce it. He was clearly pre-occupied with it. If I remember correctly it was paid up to end June, yet another reason why if he went through with the plan to murder her, it had to happen within weeks – as it did.

                It would make NO sense and be very UNJUST to willfully ignore or “disavow” the very reason that Allison was murdered rather than divorced by her husband.

                Robbing Allison of her life and her children of their mother was a very cruel, greedy and utterly selfish act, compounded by an heartless absence of remorse and endless lies and deceit in a bid to get off with her murder.

                I am keeping the faith that in the end JUSTICE will be served.

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  61. RIP Alison

    That’s true, he did not cancel it or reduce the Premiums, because not being the Policy holder he was told by the Insurer that he couldn’t do it.

    This seems to be the only contact (pre Death) that he had with the Insurance Company.

    I suspect this is why the DPP didn’t want to raise the issue, because the only real evidence would have shown GBC attempting to cancel/reduce the Policy. It’s why the DPP went as far as ‘disavowing’ anything about the Life Policy because it would have only benefitted the Defence. They just didn’t want to talk about it at all other than a relatively brief mention of it during the Trial which wasn’t pursued.

    The general “Defence” strategies are nearly always….if you don’t have to talk about anything…..don’t. In other words…avoiding ‘where there’s smoke there’s fire’ theory.

    There’s always the possibility that GBC was actually trying to reduce his debts at that time to find a way out of his financial predicament.

    “IF” later he did murder Alison for the Insurance money is only speculation. The evidence although would show that he tried to cancel the Policy….but couldn’t.

    I don’t buy any ‘pay offs’, ‘corruption’ theories. I think this was just a fortunate result that has fallen in GBC’s lap…..which he didn’t plan. It would be logical if he was going broke to reduce debt and that’s what he was advised to do.

    The fact he couldn’t reduce this debt or cancel it is just something that has now fallen into his lap.

    No matter which way I look at it, it’s a significant problem for the Crown who once argued that the Life Policy wasn’t a motive and now argue that it is. Can’t have it both ways.

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  62. I do not have a transcript of exactly the conversations GBC had with Allison’s life insurance holders. Unless you do and can share it with us, we can not comment on exactly what was said or intended. I seem to remember something more along the lines of him wanting to roll hers and his onto one policy being mentioned….?

    We do know in spite of his dire financial position he did not cancel her life insurance, or get her to cancel it, which in itself is very telling. As his financial woes deepened, he would have become increasingly aware that having it pay out was indeed the ONLY way he could possibly pay his enormous debt.

    He likely mulled it over for some time. Only he will know the exact date that he made his final decision on, but clearly by the date he made the promise to McHugh that he would come to her free of debt and a free man by 1 July, he had made a decision and was committed to the only action that could have made this promise possible – murdering Allison and claiming her life insurance.

    I do not recall the crown ever saying that Allison’s life insurance was not a motivation for this crime. IMO it was implicit from the start that $$ was a very significant factor considering his crippling $1million debt that was about to bankrupt him, unmask his poor business sense, and reflect very badly on the family name.

    If not for his dire financial problems he could just have divorced her. The primary benefit to him in murdering her is that he desperately wanted to get out of the crippling debt he was in to save his name and image. A secondary benefit was that he could move on to a new life with his mistress unhindered and swiftly.

    GBC’s #1 motivation for murdering rather than just divorcing Allison was thus $$. So the issue of $$ can NOT be ignored.

    The truth is what it is. May justice be served.

    Like

  63. RIP Alison

    No, no Transcripts of the conversation with the Insurer (nobody does). Although, that does make an interesting point. As most of us know, Insurers record everything for ‘Training Purposes’. There’s no mention anywhere of the DPP attempting to gain those recordings….which can only be interpreted that they didn’t want to have those recordings available to the Jury? (They all play hide ‘n seek)

    The bit about the ‘Disavowing’ of the money angle is in the Supreme Crt Transcripts (on this site) at P. 12 Para 41/42 with Note 5 in the Footer.

    His total debt was $180,000…..not 1 Million. (P. 4 Para 13 of the Supreme Crt Transcript) Most average Home owners have got bigger debts.

    At the end of the day the Crt of Appeals reasoning (under) says it all….’No sign of blood in the house or indication of a ‘clean-up’, his injuries being conceivably caused by his wife in an angry attack on him, no previous violence by him in the relationship, no change in his financial circumstances or marriage, no pressing debt collection, no injuries on the body to indicate an intent to kill or do grevious bodily harm……..i.e. No INTENT…..No ‘Murder’.

    Unreasonable verdict
    [38] The appellant accepted that it was open to the jury to be satisfied beyond reasonable doubt that he had unlawfully killed his wife, but contended that they could not properly be satisfied of the necessary intent for murder. There were no injuries on the body of a kind to indicate an intent to kill or do grievous bodily harm. Nor was there any sign of blood or evidence of a clean-up in the house to suggest violence. There was no evidence at all that there had ever been any violence in the relationship between the couple. Nothing had changed in the appellant’s marriage to make him take the step of intentionally killing his wife. His business was under some financial pressure, but that pressure was no different in April from earlier in the year, and his creditors were not pressing for payment. There was no evidence of the circumstances in which the fingernail scratches were inflicted on the appellant; they were conceivably caused by his wife in an angry attack on him. If the appellant had lied about their cause, he might have done so in panic, knowing that he had caused the death, without necessarily having done so intentionally.
    [39] A reasonably open hypothesis was that the appellant’s wife had attacked him, scratching his face. In endeavouring to make her stop he had killed her without intending to do so, with his conduct thereafter being attributable to panic. An argument by the respondent that the disposal of the body was capable of giving rise to an inference that it was done to conceal evidence of an intentional killing amounted to nothing more than speculation; there was no evidence that the deceased woman had sustained any injuries which could have indicated how she had died.

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  64. Hi Br,

    The transcripts I remember seeing indicated a very different picture – see http://astrologyincrime.com/court-docs/

    The supreme court documents and claims all seem to have been ‘massaged’ to show a very differnt picture. This only strengthens the perception of corruption in the appeal verdict.

    I remember much discussion about him owing close to $1million, which Allison’s life insurance would have covered very conveniently.It was stated IN COURT by an accountant that “This was confirmed by investigative accountant Kelly Beckett, who told the court Baden-Clay owed $1.18 million to family, friends, business associates and banks.” see http://www.smh.com.au//breaking-news-national/huge-debts-behind-badenclay-murder-court-20130318-2ga2z.html

    I also remember there were some discussions on the list in the early days about what was said to the insurers, so I do believe transcripts of recordings were available. That’s where I seem to remember him wanting to know if it would be cheaper to roll his and hers together or something of that sort. Anyway, insurance was definitely on his mind and he decided to keep the insurance in spite of his dismal financial position….

    A for the blood or the clean-up, there was plenty of her of blood in the car, smeared in places as someone tried to wipe it off, and with kids toys packed on top of it to conceal it. So please do not say there was no evidence of blood or clean-up. There was also ample evidence from witnesses like his in-laws, that the house was spotlessly cleaned and not like Allison kept it at all the next morning. Special cups which Allison never used were already put out to serve tea to Police and visitors, even a portrait of Gerard and Allison that was positioned in a particular spot as per Allison’s preference had already been moved the morning after her murder. talk about moving on at a rate of knots!

    Murder = correct and very reasonable verdict.
    The supreme court finding was UNREASONABLE since it has watered down the actual facts of the matter. His debt was enormous, not just $180 000, and earnings declared to ATO over several years dismal. No chance of him repaying his debt – heading for bankruptcy.

    There were most certainly injuries on her body! She was strangled or smothered or both, somewhere in the process her tooth chipped and she bled quite a lot in the car while he transported her body. Since he shrewdly managed to conceal her body for nearly 2 weeks, his DNA under her nails and the cause of death evidence deteriorated. So she had injuries, but due to the deliberate time lapse caused by the murderer not owning up to what he had done and showing Police where her body was, the evidence had conveniently deteriorated.

    There had most certainly been emotional violence inflicted on Allison for years. Allison was a very private person who would have hidden any signs of physical violence at all cost. Even if there was not, that does not prove in any way, shape or form that he did not murder her to get his hands on her insurance money, Prior violence is not a pre-requisite for murder.

    Something had changed in his marriage, Allison was not wanting to put up with his philandering any more – she demanded he be faithful to him, was dragging him to a counselor to force this outcome. He however did not want to be with her at all – he wanted to be with his mistress McHugh.

    Something had also changed in his relationship with McHugh, she made it quite clear that if he does not leave Allison and come to her THIS TIME, their relationship was off. this he did NOT want to happen at all. He made his choice. He promised McHugh he WILL come to her this time, free of debt and a free man on 1 July – a few weeks hence. And he took the ONLY action that could have made this happen – he murdered Allison.

    Gerard had every opportunity to come clean from the get-go if Allison;s death had really been caused unintentionally. Instead he did not behave like a remorseful husband at all, he was fully focused on moving on with the life he planned to have with his mistress by 1 July, as promised. As planned, he denied any involvement and lied about EVERYTHING including the fingernail scratches from the start, in a bid to get off with her murder. Awful! He STILL has made no confession and deserves ZERO benefit of doubt. in ADDITION to murder he has also committed wholesale perjury, for which there is a maximum penalty (Section 327 of the Crimes Act) of ten years imprisonment. And you want to REDUCE his sentence!!!???

    Allison was a very loving, passive person. The chance that she had attacked him is nil. And even if she did he had no need to KILL her. She was not 6 ft tall and weighing 150 kg. She was NO physical threat to him whatsoever. Don’t even try the self-defense theory or provoked theory. It does not wash.

    Sadly her murder was PLANNED and executed accordingly. There was nothing unintentional about it. It was well thought out. He planned where to conceal her body so she would not be found for a week or two – long enough for DNA and COD evidence to deteriorate. He planned where to hide her phone – ON – near their home to keep the search there and away form where she really was for as long as possible. He disposed of her and cleaned up as best he could all evidence of his foul deed (missed some blood in the car). Next morning the house was abnormally tidy, unusual cups were ready prepared for visitors, a portrait of Allison and GBC had already been removed from where Allison liked it to be.

    Instead of looking for his ‘missing’ wife, he was sitting in a super tidy house ready to entertain visitors. Sent his traumatised children to school (can you imagine!). And when the visitors left he still did not look for Allison, he went off with daddy to see a lawyer. The entire community searched for Allison – not he and his family.of course they know where she was, and just wanted to move on with their lives as if she was totally inconsequential. Nasty. He even left her funeral arrangements to her parents and went off instead on a long weekend holiday….brazen

    It was very obvious from GBC and his family’s behaviour following the murder that they all knew exactly what was going on and all were trying as hard as they could to get him off with this awful crime.

    This should NOT be allowed to happen! Allison deserves JUSTICE!!

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  65. P.S. According to accountant Kelly Beckett Gerard’s liabilities when Allison was murdered was $840 546 and his equity -$134 013. If you add those two up in my calculator you get a debt of $1 004 559 (NOT $180 000!!).

    To try and “whitewash” this down to $180 000 reeks of enormous BIAS, potential corruption and a serious attempt to downplay his $$ need/greed, indeed his primary motivation for murdering rather than divorcing Allison in order to achieve an unjust downgrade of his sentence. Dissolving his unwanted marriage instantly so he could freely move on with his mistress McHugh without the stigma of a divorce and by 1 July as promised was of course another ‘benefit’ from his perspective.

    In fact if current investigators find there was such BIAS in the attempt to downgrade his sentence, the persons responsible for that finding should be held to account.

    [BR you say the supreme court transcrips are on this site – can you post a link please?]

    Like

  66. RIP Alison

    http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf

    It is the Transcript of the Appeals Crt Judgement as I mentioned (I think).

    The Transcript does mention his debt being $180,000. I’ve read a few articles of what Kelly Beckett (for the Police) gave in evidence and in typical Accountancy speak…..it was confusing. Under Cross Examination she admitted that there was some future and current income that she didn’t include mainly because she didn’t have access to those documents. The bits I read showed her jumping around with figures….which is Accountancy.

    It would appear that the Judges haven’t applied much weight to her evidence when they have concluded that his debt was $180,000. One newspaper reported Kelly Beckett as saying that he had a $70,000 Net worth. As I said…..confusing and it seems the Crt has given him the low mark as a benefit to him (the Accused). In every case it’s up to the Prosecution to provide clear and concise evidence to prove their points. It seems she didn’t…..or couldn’t because of what she was working from.

    All of your other points are just conjecture.

    The FACTS are …
    The Police didn’t find any evidence of blood or a clean-up in the house. (We’ll assume she wasn’t killed in the boot of the car, but did bleed there.)
    GBC had NO Criminal history at the time or any complaint made against him for violence.
    There were no injuries on Allison that could be attributed to ‘Murder or Grevious Bodily Harm’ (e.g. multiple stab wounds, frenzied attack etc).
    His Financial position hadn’t declined from earlier in the year and was in fact making an upward move.
    His matrimonial position hadn’t changed from earlier in the year. He had told McHUGH that he was going to leave his wife at various times in the past…..and probably would have done just that. (Anything else about the ‘name’ etc is just conjecture)
    The Appeals Crt found that a very likely scenario was that she attacked him due to home life pressures…..and his facial injuries help to prove it.
    You suggest that he put a cunning plan into motion which included killing her with no means identifiable by Experts, cleaning the crime scene….with no means identifiable by Experts and then ‘cunningly’ hiding the body by chucking her over the railing of a bridge on a main road.

    That just fails the ‘reasonable doubt’ test I’m afraid and that’s why the Appeals Crt has found that the Murder conviction was ‘unsafe’. Which is proper until further evidence proving otherwise can be found.

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    • I might add….one of the last things he told McHUGH was to “find someone else to love”. It seems any ‘obsession’ was only one way.

      Like

  67. It’s OK BR, you are clearly very keen for his sentence to be reduced. I am not. Let’s just see what happens. It is not up to either me or you.

    The $180 000 debt is nonsense. $1000000 is closer to the truth.
    As for the conjecture: I did not say there was blood in the house, nor that he had a criminal history
    It was not a frenzied attack – it was a planned murder – he likely smothered her to death.
    He did NOT throw her over the bridge railing – she was carefully and deliberately positioned right UNDER the bridge where you can not ‘throw’ someone! This was clearly to have his DNA and her COD deteriorate while he kept the search close to their home while hiding her phone (ON) nearby to transmit and keep the search in that area for as long as possible.
    His financial position was so dire he could not even pay his telephone a/c and max’d out on his credit card that very day in the supermarket – it was heading to bankruptcy very fast.
    He made a very clear and specific promise to the DATE to McHugh this time because she made it clear she has waited long enough. His actions aligned with fulfilling this promise.
    GBC was indeed emotionally very abusive. Allison on the other hand did not have an abusive or violent hair on her head – you want to make out she attacked him? It’s laughable.

    You may want to be blind to his cunning plan but it is very apparent to me and many others.

    The truth is what it is and Gerard Baden Clay knows exactly what that is. He has not been man enough to face up to it all this time and is still trying to lie and weasel his way out of facing up to what he has done. Premeditated murder to exchange the wife he no longer wanted for cash.

    Like

    • RIP Alison
      I’m not ‘keen’ on any outcome. I’m just of the belief that ‘Manslaughter’ is the appropriate charge and conviction based on the available evidence.

      From the Qld Times report of part of Kelly Becketts (Accountant for the Police) evidence….

      “She said he had entered payment arrangements with creditors to pay off debts.

      Ms Beckett said she had analysed the “financial position” of Baden-Clay, his wife Allison and related companies on April 20, 2012.

      She said the assets outweighed the liabilities, with a net positive equity at $74,663.”

      It appears that BECKETT found it difficult to get the complete financial picture.

      BUT….her evidence is that his NET WORTH was positive and the business was improving.

      That’s (BECKETS evidence of GBC’s positive Net Worth and improving business) what’s sitting in front of the High Court.

      Like

      • ….and his recorded ‘Criminal History’ will be what the High Crt looks at to determine past actions. Not innuendo, gossip or general third hand opinion.

        It’s why the Qld Appeals Crt erred on the ‘unsafe’ side, there was too much sideshow attached to the Trial, inside the Crt and outside. I’d also hazard a guess that the Judiciary got a bit peeved with the constant displays in the Court precinct. They’re always very authoritative on what happens in ‘my Court’ (their Court). They generally hate ‘their’ Courts being demeaned by crowds/displays regardless of the intent.

        They’re a bit aloof.

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  68. IMO he murdered her in a callous, planned and intentional manner for which murder is the appropriate charge. No ‘sideshow’ or any other factor should come into it. He should not get away with murder and his grubby hands on her insurance money because the Judiciary is “aloof” and does not like crowds/displays. That’s ridiculous. They should be focused on JUSTICE for the kind and honest person who now has no say – the one who was murdered and dumped under a bridge by the cruel and dishonest husband who wants to get off with her murder.

    Liked by 1 person

    • Agreed RIP Allison agreed.
      He is a narcissistic murderer nothing less.
      Is he gets out there will be blood shed and it won’t be mine.

      Like

  69. 26 July 2016 is the date on which this callous wife murderer will hopefully get the murder conviction he rightly deserves to be reinstated.

    This sentence is light compared to what she got – robbed of her life and discarded like a piece of trash, her life to be cashed in for insurance $$. He deserves a lot harsher sentence than confinement in comfortable surrounds for this horrendous crime.

    Nothing can bring Allison back, her family and especially her 3 girls will miss her daily forever. But being incarcerated for a very long time is the very least punishment he should get for the planned and extremely callous murder of his kind and loving wife.

    http://www.9news.com.au/national/2016/06/11/19/34/prosecutors-to-challenge-dismissal-of-baden-clay-murder-conviction

    May justice for Allison finally be served!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Like

  70. http://www.couriermail.com.au/news/opinion/opinion-badenclay-high-court-verdict-a-win-for-all-of-us/news-story/e668cb451ed3abac7c65d8bb94c4afbb ….Finally – justice for Allison!!!!!!
    Thanks to the hard work and perseverance of the prosecution and high court judges.

    Shame on Baden Clay’s lawyers and the 3 judges who tried so hard to derail the very justice they are supposed to uphold, trying to reward this cold-blooded wife-killer’s blatant lies, deceptive behaviour, even perjury, with a completely unwarranted reduced sentence. Absolutely awful. These people all need to have a good look at themselves in the mirror because they earned a lot of $ and wasted a lot of taxpayer $ trying to thwart justice. I sincerely hope there will be some questions asked regarding their motives, actions and both the monetary cost and damage it did to the public perception of and trust in the legal system.

    Thankfully although at great $ and emotional cost, finally there is justice for beautiful, kind, loving Allison! I pray that her family and friends will find some peace and acceptance, and her girls will grow up to have as beautiful souls as their Mum did.

    Liked by 2 people

    • Well said RIP

      It is strange how a criminal can be charged for perjury if they try to mislead a court, but Lawyers and Barristers have free reign to introduce and push whatever fiction that they might choose to invent, and actually get paid for doing it.

      There needs to be strict ethical guidelines in place.

      Like

      • They just argue that their client instructed them.

        I have seen some absolutely outrageous behaviour by solicitors and barristers, they just claim their client instructed them to act as they did when they’re called out.

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    • The court of appeal got it very wrong!

      You can’t argue that you had absolutely nothing to do with someone’s disappearance or death, and then argue on appeal that the jury didn’t consider a fight with an accidental could have reasonably occurred.

      Why would they consider a fatal accidental fight occurred when you’ve argued you had nothing to do with the crime whatsoever.

      Thank god the High court had some sense to see through this nonsensical argument!

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