Tiahleigh Palmer: Foster father Rick Thorburn charged with murder over schoolgirl’s death

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 BTW I have heaps of Video and court Docs just waiting to post  legally

Inside the idyllic rural property where 12-year-old Tiahleigh Palmer’s spent 10 months before her murder

au.news.yahoo.com

Child safety service not told Tiahleigh Palmer’s foster father was ‘person of interest’ for months

Yahoo7 News on September 28, 2016, 5:53 am

Tiahleigh Palmer’s foster father and accused killer Rick Thorburn was permitted to run a daycare business for five months after the schoolgirl’s death despite being a person of interest in the investigation, it has been revealed.

Queensland’s Department of Child Safety and Education were not notified that Thorburn was a person of interest in the case until April 2016, and the 56-year-old held a blue card until then, The Courier Mail reports.

Tiahleigh, 12, disappeared on October 30 when Thorburn claimed he dropped her off at school and she failed to come home.

Tiahleigh’s remains were found on a riverbank in November 2015.

Her body was discovered five days later, washed up on the bank of the Pimpama River.

Police told News Corp last week that Thorburn was a person of interest “from day one”, however the child safety authority was not notified until April, Minister for Child Safety Shannon Fentiman confirmed.

Rick Thorburn has been charged over Tiahleigh’s murder. Photo: Supplied.

The department was told the Logan man was also facing allegations relating to an 11-year-old girl and four-year-old girl, the Courier Mail reported.

“In April, police notified my department and the Department of Education and Training of alleged criminal activity. This was the first time that concerns were raised about the Thorburns,” Ms Fentiman said last week.

Thorburn was charged over Tiahleigh’s murder and taken into custody on September 20, six weeks before the one-year anniversary of her disappearance.

Trent Thorburn was reportedly bashed twice in prison since his arrest. Photo: Supplied.

His son and Tiahleigh’s foster brother Trent Thorburn is also in custody accused of having an incestual relationship with the girl in their Chambers Flat home.

The 19-year-old dancer has reportedly been bashed twice by fellow inmates since being held in the Arthur Gorrie Correctional Centre.

The Queensland Government ordered a review into the foster care system and blue card services the day after the arrests.


IT WAS a house of misery where Tiahleigh Palmer spent 10 months of her life before her murder.

The schoolgirl was placed with former truck driver and muscle-car enthusiast Rick Thorburn and his family in the house on an isolated stretch of road at Chambers Flat, a rural pocket of strawberry farms and horse paddocks in the Logan area south of Brisbane.

The seemingly idyllic 2ha property where Tiahleigh made her new home with the Thorburn family is modern, with two bathrooms, a swimming pool, rolling green lawns and horses in the yard.

But inside the four-bedroom brick house just eight minutes from where Tiahleigh was last seen attending her high school, the young girl was allegedly preyed on by her foster brother Trent Thorburn.

The house in Chambers Flat in a rural area where Tiahleigh Palmer spent her last months in 2015.

The house in Chambers Flat in a rural area where Tiahleigh Palmer spent her last months in 2015.Source: Supplied

An occasional truant, Tiahleigh was well-liked at school.

An occasional truant, Tiahleigh was well-liked at school.Source :News Corp Australia

Tiahleigh Palmer attended school minutes from the Thorburn’s property.

Tiahleigh Palmer attended school minutes from the Thorburn’s property.Source:News Corp Australia

Tiahleigh came to live with the Thorburns, Rick and Julene and their sons Trent and Josh in the isolated family farmhouse south of Brisbane before she was murdered.

Tiahleigh came to live with the Thorburns, Rick and Julene and their sons Trent and Josh in the isolated family farmhouse south of Brisbane before she was murdered.Source: Supplied

The 19-year-old, who lived with his brother Josh, 20, and mother Julene has been charged with incest while Rick Thorburn, 56, has been charged with Tiahleigh’s murder.

Not all was well with the Thorburn family. Following a serious back injury which forced him to give up his job as a truckie, Rick Thorburn had tried a number of jobs to feed his family.

A car enthusiast, he had sold vehicle and engine parts from the property.

He was also a devotee of American culture and came up with the idea to sell US food from a truck he drove to festivals and other events in the Logan area.

A month after Tiahleigh moved into the Thorburn’s home, Rick Thorburn took his food van — which he named Nothing Healthy Here — and travelled around with his sons Trent and Josh selling hot dogs, hot jam doughnuts, churros and pancakes from the van.

This is the house in Flesser Rd at Chambers Flat where Tiahleigh lived with her foster parents.

This is the house in Flesser Rd at Chambers Flat where Tiahleigh lived with her foster parents.Source:News Corp Australia

The swimming pool at the house rented by the Thorburns.

The swimming pool at the house rented by the Thorburns.Source: Supplied

Rick Thorburn, at his Chambers Flat home before his arrest. Picture: Liam Kidston

Rick Thorburn, at his Chambers Flat home before his arrest. Picture: Liam KidstonSource:News Corp Australia

“We saw the quality of food at other places and decided we could do it bigger and better. We try to keep it unique and we have food you can’t get anywhere else,” he told the Jimboomba Times.

Mr Thorburn said he looked forward to being able to provide guests with a good old-fashioned feed.

“We do sell one healthy thing – water,” he joked in September last year.

Mr Thorburn made the comments almost eight weeks before Tiahleigh Palmer vanished.

While she lived with the Thorburns, Tiahleigh had been attending Marsden State High School, where Chaplain Ian Pratt said she was a free spirit who passionately threw herself into a range of creative pursuits.

The seventh grader was also described as “not always perfect” and an occasional truant from classes, but there was no suggestion of the alleged abuse that was unfolding at her new foster home.

Tiahleigh, 12, lived on the property which is among farms and horse paddocks south of Brisbane.

Tiahleigh, 12, lived on the property which is among farms and horse paddocks south of Brisbane.Source: Supplied

Rick Thorburn had lost his trucking job after a back injury and was selling American fare from a food truck. Picture: Liam Kidston

Rick Thorburn had lost his trucking job after a back injury and was selling American fare from a food truck. Picture: Liam KidstonSource:News Corp Australia

Tiahleigh Palmer allegedly kept a terrible secret while living at the Thorburn home and attending the local school.

Tiahleigh Palmer allegedly kept a terrible secret while living at the Thorburn home and attending the local school.Source: Supplied

The Thorburns property looked idyllic, but police allege Tiahleigh was being abused while she lived there.

The Thorburns property looked idyllic, but police allege Tiahleigh was being abused while she lived there.Source: Supplied

Tiahleigh had been placed with the Thorburns after spending a happy three years with a foster mother in Gympie, just over 200km north of the Chambers Flat house where she spent her final months.

The schoolgirl lived with Julie Pemberton in the Logan area for years until December 2014, when Ms Pemberton decided to stop acting as a foster carer.

Tiahleigh had been removed from the care of her biological mother, Cyndi Palmer, who was

in and out of police custody with drug problems between 2011 and 2013.

During that time Tiahleigh had experienced some of the lows of the Queensland foster care system, in which she sometimes stayed with carers for as little as 24 hours before being moved to another home.

Despite living in foster care, Tiahleigh remained close to her mother.

The 12-year-old lived with the Thorburns at this house between January and October last year before she was murdered and her body dumped.

The 12-year-old lived with the Thorburns at this house between January and October last year before she was murdered and her body dumped.Source :Supplied

Police divers found Tiahleigh’s shoe but not her uniform after fishermen discovered her body floating in the Pimpama River. Picture: QPS

Police divers found Tiahleigh’s shoe but not her uniform after fishermen discovered her body floating in the Pimpama River. Picture: QPSSource: Supplied

Rick Thorburn, above before his arrest, at the gate of the property his family shared with Tiahleigh Palmer. Picture: Channel 9

Rick Thorburn, above before his arrest, at the gate of the property his family shared with Tiahleigh Palmer. Picture: Channel 9Source: Supplied

At the time Ms Pemberton gave up her role as a foster carer and Tiahleigh was placed with the Thorburns, Cyndi Palmer had been trying to regain custody of her daughter.

Following Tiahleigh’s murder, Ms Pemberton said that Cyndi Palmer had “got it together” and that she “might have made a few mistakes but she is lovely and absolutely adores her daughter”.

Cyndi Palmer has posted on Facebook that she had endured an “evil” 2011, but had turned her life around but had “learned from it and … well prepared and educated for making 2012 the start of everything I want it to be for my family and I”.

But Tiahleigh’s return to her mother’s care never happened.

After almost a year with the Thorburns and allegedly involved in an incestuous relationship with her foster brother, Tiahleigh was dropped off at Marsden High School at 8.10am on October 30 by Rick Thorburn.

Witnesses say she entered the school briefly, but then left.

Six days later, fishermen found Tiahleigh’s badly decomposed body floating in the Pimpama River, 30km south of where she was last seen.

Police divers found one of Tiahleigh’s shoes, but her school uniform and pink backpack were missing.

Queensland Police have also charged Tiahleigh’s foster mother Julene Thorburn and her son Josh with perjury and attempting to pervert the course of justice.

Rick Thorburn is in hospital in an induced coma after an alleged attempt at self harm following his arrest.


Tiahleigh Palmer’s 19-year-old foster-brother told a cousin he’d had sex with the 12-year-old and was worried she was pregnant, a court has heard.

In successfully keeping Trent Jordan Thorburn behind bars, prosecutors argued he had deliberately misled and lied to police throughout the 11-month investigation into the alleged murder of the Logan schoolgirl.

Foster brother admitted sex

The foster-brother of Tiahleigh Palmer is refused bail, charged with incest and lying to police. 7 News Queensland

Police prosecutor Sergeant Ellen French alleged a Facebook Messenger conversation between Mr Thorburn and his cousin two days before Tia went missing showed him disclosing that he’d had sex with her.

“He says he had sex with the victim on the prior Monday and he had only done so because she had threatened to kill his dog,” Sergeant French said, of a conversation that was allegedly handed over to police.

“The defendant said he was concerned about her being pregnant…” she told the court.

“The defendant further outlines the victim had spoken to his mother about it.”

Mr Thorburn’s defence lawyer John Ide argued he should have been granted bail on charges including incest considering his age, lack of criminal history and potential time behind bars awaiting trial.

“He’s a young man with no criminal history whatsoever,” he said.

Trent Thorburn.
Trent Thorburn.  

“In my submission it couldn’t be said he’s an unacceptable risk of any of the things that’s asserted by the prosecution.”

Sergeant French told the court Mr Thorburn had denied any involvement or sexual conduct with Tia on five separate occasions and colluded with his family to mislead police.

Tiahleigh Palmer's mother Cindy waits with supporters outside court.
Tiahleigh Palmer’s mother Cindy waits with supporters outside court. Photo: Glenn Hunt

“Eventually the defendant has admitted to the authorities that he had lied on multiple occasions in order to conceal the  sexual intercourse between himself and Tiahleigh,” she said.

A friend of Tia’s told police the young girl had approached her about a month before her alleged murder, saying “Trent tried to touch me”, Sergeant Ellen alleged.

Former foster carers Cameron and Wayne Pemberton speak to media outside court.
Former foster carers Cameron and Wayne Pemberton speak to media outside court. Photo: Glenn Hunt

“She further said that the victim claimed to have disclosed this to her foster-mother,” she said.

Mr Thorburn has been charged with incest, perverting the course of justice and two counts of perjury relating to Crime and Corruption Commission hearings in July and September this year.

Cindy Palmer arrives at the Beenleigh Magistrates Court on Wednesday morning.
Cindy Palmer arrives at the Beenleigh Magistrates Court on Wednesday morning. Photo: Jorge Branco

Prosecutors argued he was “highly likely” to interfere with witnesses and “would attempt in every way shape and form to evade and avoid every risk” of imprisonment.

Magistrate Pamela Dowse kept Mr Thorburn behind bars, saying he was “not a candidate for bail at this point in time” but another application could be made in the future.

Tiahleigh Palmer.
Tiahleigh Palmer.  Photo: Supplied

Outside court, Mr Ide said he would consider applying to the Supreme Court for bail.

Police allege Mr Thorburn’s father, Richard Thorburn, killed Tia in an attempt to cover up his son’s alleged crime.

Richard Thorburn has been charged with the murder of his foster child.
Richard Thorburn has been charged with the murder of his foster child. Photo: Jorge Branco

The alleged killer was remanded in custody after his matter was heard on Wednesday morning as he remained in an induced coma in hospital after collapsing in the watchhouse on Tuesday.

EARLIER

A member of Tiahleigh Palmer's foster family arrives at Logan police station on Tuesday.
A member of Tiahleigh Palmer’s foster family arrives at Logan police station on Tuesday.  Photo: Glenn Hunt

The man accused of murdering Queensland schoolgirl Tiahleigh Palmer and dumping her body in a Gold Coast river is in an induced coma and won’t appear in court before a crowd of her mother’s supporters.

Foster father Richard Neville Thorburn, 56, was due in the Beenleigh Magistrates Court on Wednesday morning, ahead of an application for bail by his son on related charges.

But the father remained in the intensive care unit at the Princess Alexandra Hospital on Wednesday, after collapsing in the watchhouse on Tuesday afternoon.

Defence solicitor Kelly Thompson, from Robertson O’Gorman solicitors, told the court she’d spoken with doctors at the hospital.

“He’s currently in an induced coma and there’s no indication as to when he might be brought out of that at this stage,” she said.

A crowd of people expecting the appearance packed Beenleigh courtroom, leaving standing room only for a host of people due to appear on other matters, with supporters flanking Tia’s biological mum, Cindy Palmer.

Among them were Tia’s former foster father Wayne Pemberton and his son Cameron, who paid tribute to the “good girl”.

Wayne said the “feisty” 12-year-old lived with them for two and a half years and described his “total shock” at hearing the man who cared for Tia after him had been accused of her murder.

“You don’t expect that from a carer,” he said.

“That’s not what you’re here to do.

“To hear that and for everyone in the family to (allegedly) be involved it’s just unthinkable.”

Ms Palmer declined to comment as she made her way into the courthouse in suburban Beenleigh, just off the highway roughly halfway between Brisbane and the Gold Coast.

Wayne, who remembered Tia’s love of waterskiing and other watersports, said it couldn’t be said Ms Palmer was happy but she was glad of an outcome.

Trent Jordan Thorburn, 19, has been charged with incest, perjury, and attempting to pervert the course of justice. He’s due to appear in court on Wednesday.

He was set to apply for bail after midday in a hearing his lawyer indicated would take about 45 minutes.

Richard Thorburn’s hearing went ahead without him and was adjourned for a committal mention on December 21.

He won’t be required to appear, meaning Ms Palmer again won’t have a chance to come face to face with her daughter’s alleged killer.

Mr Thorburn told police he dropped his foster daughter off at school about 8.10am that morning but police will allege that was a lie.

They’ll allege he instead murdered the 12-year-old at the family home in the Logan suburb of Chambers Flat on the night of October 29, before dumping her body in the river that night or the next.

The killing was sparked by a discovery made that night, which led Mr Thorburn to kill the girl in an attempt to cover up a crime Trent had committed against Tia, police will allege.

The younger brother was charged with incest, among other alleged crimes.

A missing person alert for Tia wasn’t put out until November 5, hours before her badly decomposed body was found on the banks of the Pimpama River.

The delay drew criticism, sparked wide-ranging changes to authorities’ responses to missing children in care and further condemnation from Wayne Pemberton on Wednesday as “very frustrating”.

“It’s not a good thing to have to wait around for someone to put an alert out but it finally got done,” Cameron said.

“It should have got done quicker. It shouldn’t have taken so long.”

Another supporter, who didn’t know the family, said she was “disillusioned” with the government’s handling of children in care.

Being charged with murder, Mr Thorburn must apply for bail to a higher court if he wants to be released.


The younger son, Trent, 19, described himself as a dancer, metal fabrication apprentice, and classic car builder.

Police believe the teenager sexually abused Tiahleigh. He was denied bail on charges for incest, perjury and attempting to pervert the course of justice in court this afternoon.

In court, the prosecutor argued he “took advantage of (Tiahleigh) as her big brother and as a result her young life has been taken”.

The foster brother was concerned he had impregnated the child, the court heard. Police are expected to allege the boy’s father killed Tia to cover for his son.

THE foster family at the centre of allegations into the death of Tiahleigh Palmer buried the Brisbane schoolgirl in a heartfelt ceremony attended by more than 600 people last November.

Back then, Rick Thorburn, 56, Tia’s foster father and accused killer, appeared to hold back tears as he solemnly carried her child-sized coffin, acting as a pallbearer.

He blended in to the crowd of purple, Tia’s favourite colour, which mourners had chosen to wear to pay tribute to the young girl. The colour also became a symbol of commitment to the desperate search for answers over what had happened to her.

His shirt read “in love memory of Tiahleigh R.I.P.” At the service, he comforted her grieving mother.

The truck driver turned food van proprietor and his wife had taken in Tia as a foster child while her biological mother, Cyndi Palmer, worked to get her life on track after struggling as a teen mum and spending time in the prison system.

Tiahleigh Palmer.Source:AAP

Tiahleigh Palmer.Source:Supplied

She lived with the couple and their two adult sons in their Chambers Flat home where Thorburn’s wife Julene, 54, also ran a home daycare service.

The eldest of the two boys, Josh, 20, was qualified to work as an assistant in the home business and had been unemployed in recent years while recovering from injury.

The younger son, Trent, 19, described himself as a dancer, metal fabrication apprentice, and classic car builder.

Police believe the teenager sexually abused Tiahleigh. He was denied bail on charges for incest, perjury and attempting to pervert the course of justice in court this afternoon.

In court, the prosecutor argued he “took advantage of (Tiahleigh) as her big brother and as a result her young life has been taken”.

The foster brother was concerned he had impregnated the child, the court heard. Police are expected to allege the boy’s father killed Tia to cover for his son.

A facebook photograph of Rick Thorburn and family Josh, Julene and Trent. Rick and Trent have been charged in relation to the murder of Tiahleigh Palmer.Source:Facebook

A Crime Stoppers tip led police to swoop on the family on Tuesday, arresting Rick, Julene, Josh, and Trent at various addresses in the Logan area.

Following police interviews Rick was yesterday formally charged with Tia’s murder. Trent, the youngest of Tia’s foster brothers, has been charged with incest.

Julene and Josh have been charged with one count each of perjury and perverting the course of justice.

All four family members are awaiting court, Trent’s today and Julene’s and Josh’s next month, though father Rick’s has now been delayed. The murder-accused was expected to face a bedside hearing at Brisbane’s Princess Alexandra Hospital, but is in an induced coma following a suspected self-harm attempt while in custody.

When his case returns to court, now scheduled for December, police are expected to allege the foster father murdered the girl in his car to protect his teenage son according to the Courier-Mail. Police will allege Trent sexually abused Tia.

Trent Thorburn was Tiahleigh’s foster brother.Source:No Source

Trent Thorburn, 19, has been charged with incest, perverting the course of justice and perjury in relation to the death of Tiahleigh Palmer.Source:No Source

Tia’s foster father and relatives have long been persons of interest throughout the 11-month investigation of the schoolgirl’s disappearance and murder, senior police sources told the Brisbane paper.

Less than a month after Tia’s death, the foster father published a post on Facebook saying the family had accommodation for one or two people in their “happy home environment on acreage”.

He described the residence as a clean and safe home.

The case has prompted the Queensland government to review the approval process for foster carers and working with children checks.

Acting Premier Curtis Pitt says both will be examined by extending a review already under way, with a report expected back early next year. “We will be very, very careful to ensure that the young people who are in our foster system as well as, of course, the broader child protection system are given all the protections,” he said.

Announcing details of the review, Child Safety Minister Shannon Fentiman confirmed the foster parents continued to run a child care business from their home after Tia’s death.

Tiahleigh’s mother, Cyndi Palmer at Beenleigh court on Wednesday where Rick Thorburn was due to appear. Picture: Liam KidstonSource:News Corp Australia

Tia went missing at the end of October last year. Her foster father was reportedly the last person to see her alive, dropping her off near Marsden State High school just after 8am on October 20.

Despite calls for action from her biological family, Tia wasn’t reported missing for six days. The delay was explained away at the time as taking care with concerns around identifying a child in care.

The same morning an alert was distributed by police appealing for help finding the girl, a trio of fishermen discovered her semi-naked decaying body on the banks of the Gold Coast’s Pimpama River.

The water and dirt had washed away any signs of what had happened to Tia, and police had few clues to work with while going about investigating how she had died.

Investigators were worried they may never solve the case.

Tia’s biological mother and grandmother were outspoken in appealing for witnesses and calls to Crime Stoppers from members of the public who may have seen or heard anything that could assist with finding out what happened to their little girl.

But her foster family was silent.

Foster father Rick Thorburn has been charged with murder. He is in an induced coma in a Brisbane hospital. Picture: Jack TranSource:News Corp Australia

Again speaking out, Tia’s grandmother Sue Palmer last night revealed her shock and anguish over the Thorburn family’s charges.

She said the news had “knocked the wind right out of my sails”.

“When it happens to your own it just is like a twisted knife in your heart,” she told A Current Affair on Tuesday.

“I’m just absolutely addled with thoughts of how she died, and that’s something that I really want to know.”

Ms Palmer criticised the Thorburn family’s behaviour following Tia’s death, which was made all the more alarming following yesterday’s allegations.

“They took pride of place at the funeral which I didn’t think they deserved and people treated them as though they were parents of long standing which they weren’t,” she said.

“It’s really really scary. It’s awful trying to raise little girls and boys nowadays. You can’t fix kids once you’ve wrecked them. You can’t fix Tiahleigh.”

Ms Palmer said she gained no relief from the arrests and charges, bringing her and the rest of Tia’s family closer to finding answers.

“To be really truthful it’s not a relief at all, it’s not even closure, it’s pain on pain,” she said.

Rick Thorburn remains in an induced coma and is due to face court on charges of murder and interfering with a corpse in December. His son Trent will face Beenleigh Magistrate’s Court on Wednesday charged with incest, perjury and perverting the course of justice. He is expected to apply for bail.

Thorburn’s wife Julene and other son Josh have both been charged with perjury and perverting the course of justice, and have been bailed to return to court on October 10.

20/09/2016 Update
2016-09-20_16-13-36
a charge of incest has also been laid against one of the young males arrested.
tiahleigh-palmers-foster-father-has-been-arrested-over-the-schoolgirls-murder-9news

Tiahleigh Palmer’s foster father Rick Thorburn has been charged with murder over the 12-year-old’s death, hours after he and his wife were arrested by homicide detectives south of Brisbane, police say.

Thorburn arrived at Logan police station in handcuffs just before 11:30am.

His wife Julene Thorburn arrived at the police station separately a short time later.

Less than two hours later, Detective Inspector Damien Hansen emerged from the police station to tell the media Thorburn would be charged with murder at the Beenleigh Police Station watch house.

“He will be appearing in court tomorrow,” Inspector Hansen said.

Earlier today, homicide detectives arrested four people in connection with the murder investigation.

“A woman aged 54, as well as three men aged 19, 20 and 56 were taken into custody by officers attached to Operation North Mizzen — a joint Homicide and Logan District investigation,” a police statement said.

“All four are known to each other and were located at various addresses in Logan.”

The ABC understands the two younger men also arrested are related to the Thorburns.

The arrests came shortly after police confirmed Tiahleigh’s foster father was the former owner of a car seized by police last week.

The 12-year-old’s body was found on the banks of the Pimpama River last November, almost a week after she vanished.

A week ago, detectives seized a 2009 blue-coloured Ford XR6 sedan they believed was linked to Tiahleigh’s murder.

Police said last week the car’s current owner was not considered a suspect.

Today, Detective Inspector Damien Hansen confirmed Thorburn was the car’s former owner.

His link to the investigation had been revealed in the media, which Inspector Hansen said could have hindered the progress of detectives.

“It didn’t help us,” he said.

Inspector Hansen admitted the investigation had moved quickly in the past 24 hours.

“Due to certain factors we’ve moved quicker than than we possibly would have wanted to,” he said.

Car still under forensic examination

He said police had received no further information in relation to the car since it was seized.

“We’ve looked at every person who had involvement with Tiah in this investigation,” Inspector Hansen said.

He declined to say what police, if anything, had found in the car.

“It’s still being examined,” he said.

He said detectives had also updated Tiahleigh’s biological mother on the investigation.

“She’s comfortable with our response at this stage,” Inspector Hansen said.

“But I will take the opportunity to say that also with the family that there are certain times we can’t pass on information, when the information is at a critical stage.

“It’s possibly been one of the most difficult investigations I’ve been involved in.”

Bodies of Cory Breton, 28, and Iuliana Triscaru, 31, found inside metal box pulled from Logan dam


au.news.yahoo.com

Two bodies found in ‘large metal box’ following disappearance of Cory Breton and Iuliana Triscaru

Two bodies have been found inside a “large metal box” in a dam in Brisbane’s south during the search for missing Logan pair Cory Breton and Iuliana Triscaru.

A police spokesman wouldn’t confirm if bodies had been found however he said police had been searching for a steel box about 2m x 5m, which had since been found at a Kingston address.

At a press conference earlier today Detective Supt Dave Hutchinson stated: “We have located just after 8am this morning a large metal box submerged in one of the dams.“

“We’re still in the process of removing that box. It’s still in the dam at this point so we haven’t been able to open the box however we do fear that the box will contain the bodies of the two missing persons.”


The “large metal box” has since been removed by police. Source: 7 News.

Cory Breton and Iuliana Triscaru have been missing for two and a half weeks.

A large scale police search has been under-way today at Mudgee st, Kingston near Scrubby Creek for the missing two.

The remains will be subject to post-mortem examinations and positive identification.


The huge search efforts have continued today. Source: 7 News.

Six people have been charged with murder following an investigation into the disappearance the two.

Two men and a woman charged with murder made a brief appearance in court this morning.

Lawyers for Webbstar Latu, 31, Tuhirangi-Thomas Tahiata, 21, and Ngatokoona Mareti, 36, described them as ‘associates’ and not friends during court.

Mareti’s lawyer said she was ‘devastated and shocked’.

A 24-year-old Logan Central man, another 21-year-old man and a 22-year-old man of no fixed address have also been charged with two counts of murder.

The lawyer for one of the people charged, a 36-year-old woman, said she has seven children.

Overnight four people assisted police following the mysterious disappearance of the south east Queensland pair.

Two men were arrested after police intercepted a vehicle on the Gateway Motorway at Belmont just before 5pm yesterday.

Police allegedly located a quantity of methylamphetamine during a search of the vehicle.

A spokesman said the three were assisting police with their inquiries into the disappearance of Breton, 28, and Triscaru, 31.

The two had been missing for more than two weeks.

A search operation conducted by specialist police will be continuing today at a location off Mudgee Street, Kingston.

Detectives also spoke with 23-year-old Lelan Harrington, who was reported missing on January 25, one day after his friends vanished.

Initially police were searching for all three, however Mr Harrington was found safe at a Logan home on Tuesday.

Two crime scenes had been set up in the suburb of Kingston, including one at Mr Harrington’s home.


Logan pair Cory Breton, 28, and mother-of-three Iuliana Triscaru, 31. Photo: Queensland Police.

On Wednesday, police divers and helicopters searched bushland but failed to locate any traces of the missing pair.

Police were also seeking dashcam video from the Cleveland ferry terminal carpark between January 24-26.

A silver Mitsubishi Pajero which belonged to Mr Breton was found in the carpark after he disappeared.

Mr Breton reportedly discussed going on a holiday to Stradbroke Island before he vanished.

$3000 was also withdrawn from his bank account before he disappeared, according to police.


Police have released the image of a vehicle they suspect was involved in the crime. Source: QPS media.

Police have appealed for information in relation to this investigation and are seeking public assistance in relation to the movements of a dark green 1999 Toyota Hilux utility, Queensland Registration 684 VEP on the evening of 24 January 2016.

Ms Triscaru’s mother, told media on Tuesday her daughter was ‘a very good girl and a very good mum’.

“I’d be happy with just one call saying ‘Mama, I’m still alive’. That’s it,” she said.

Mr Breton’s partner, Miranda, also told media she had a ‘gut feeling’ and it was ‘not very good’.

In a statement released to 7 News the family stated: “Iuliana Triscaru was kind hearted and generous. Always smiling, she had a positive attitude towards life and loved her children more than anything. To know that she is no longer in life because she was murdered is extremely shocking, disturbing and very sad.”


 

The bodies of two people have been found locked in a large metal box that had been submerged in a dam at Kingston, south of Brisbane.

Police believe the bodies to be those of Cory Breton, 28, and Iuliana Triscaru, 31, who were reported missing last month.

The box was taken to Brisbane’s John Tonge Centre for forensic examination and found to contain the remains of two people.

Post mortems are being carried out to identify the pair.

A third person who had been reported missing, Lelan Harrington, was found alive on Tuesday.

The trio’s disappearance, and the motive behind the suspected murder of Mr Breton and Ms Triscaru, was “probably” drug related, police said.

Six people charged with two counts of murder

Six people – five men and one woman – were charged with murder on Wednesday night following an investigation into the pair’s disappearance.

Davy Malu Junion Taiao, Stou Daniels, Trent Michael Thrupp, all 22, Webbstar Latu, 31, Tuhirangi-Thomas Tahiata, 24, and 36-year-old Ngatokoona Maretti all face two counts of murder.

They were remanded in custody during a hearing at Brisbane Magistrates Court and will face court next month.

Lawyer Andrew Owens, who is representing Maretti, said she was a mother of seven and desperate to get back to her children.

Mr Owens said he did think Maretti knew the victims but was yet to receive formal instructions.

“I don’t think friends but more associates, but it’s really early days to see what her involvement is really,” he said.

He said his client was in shock but would fight the charges and apply for bail at a later stage.

Police looking for two more people

Detective Superintendent Dave Hutchinson said police were still looking for two other people as part of the investigation but they were not suspects.

“One is a 32-year-old male from Crestmead and the other is a 25-year-old male who was residing at the Dewer Street unit,” he said.

“We are looking for these people to speak with them – we believe they can assist us with our enquiries.

“We would encourage them to come in and speak with us now.

“Circumstances have changed, a number of people are in custody and we would ask those people to come forward and speak with the police.

“The motive is something we’re still looking at but we suspect that it probably will be drug related.”

Photo: Police at the dam site on vacant land around Mudgee Street at Kingston, south of Brisbane. (ABC News: Nick Castellaro)


Reports of two bodies found as police search for missing Logan pair

Iuliana Triscaru and Cory Breton went missing in the Logan area in January. Picture: Queensland Police Service

Lauren McMah with AAP

UPDATE: TWO bodies have been found in a metal box that was sunk in a dam south of Brisbane.

The two bodies are yet to be identified but police fear they are the remains of Cory Breton, 28, and Iulian Triscaru, 31, who have been missing since January 24.

Police made the grim discovery in the Logan suburb of Kingston, behind an equipment hire property near Scrubby Creek.

Detective Superintendent Dave Hutchinson said police were still establishing a motive for the suspected murders.

“The motive is something we’re still looking at. We suspect that it probably will be drug-related,” he said.

Police use a crane to retrieve the metal box. Picture: AAP Image/Dan Peled

Police use a crane to retrieve the metal box. Picture: AAP Image/Dan PeledSource:AAP

The discovery of the 2m-long box, believed to contain the remains of Mr Breton, 28, and mother-of-three Ms Triscaru, 31, came just hours after police charged six people with their murders.

Two of those people were arrested after armed police intercepted their BMW on Gateway Motorway at Belmont, southeast of Brisbane, before 5pm Wednesday.

Police charged six people — five men and one woman — with two counts of murder. They are Davy Malu Junior Taiao, 21, Stou Daniels, 21, Trent Michael Thrupp, 22, Webbstar Latu, 31, Tuhirangi-Thomas Tahiata, 24 and Ngatokoona Maretti, 36.

Police load the metal box into a van after pulling it out of the dam. Picture: AAP Image/Dan Peled

Police load the metal box into a van after pulling it out of the dam. Picture: AAP Image/Dan PeledSource:AAP

The Brisbane Magistrates Court on Thursday morning remanded all six people in custody. They will next face court on March 21.

Lawyer Alan Phillips, who represented three of the accused, said it was too early to comment when approached by waiting media outside court.

Detectives are still searching for two men, aged 32 and 25, who they want to question over the pair’s suspected murders.

Police are also looking for a 1999 Toyota HiLux ute they believe was used to transport the box, and two fluorescent yellow ratchet straps used to tie it down.

Supt Hutchinson said the family of Mr Breton and Ms Triscaru were “devastated”.

“This is something that has occurred very quickly, obviously it’s just evolved over the last couple of nights, and how the realisation will be hitting everybody of what has occurred.”

He said detectives have worked 24 hours a day on the case.

Earlier, police set up two crime scenes in the Logan suburb of Kingston, including at the home of 23-year-old Lelan Harrington, who had disappeared along with Mr Breton and Ms Triscaru but was found safe and well on Tuesday.

Police said Mr Breton and Ms Triscaru have been missing since January 24.

On Wednesday, police divers, dogs and a helicopter scoured dams, a creek and bushland around the site but failed to discover any trace of the missing pair.

Concerned neighbours near the bushland said their children often went swimming in the dams that surrounded their property.

“We’ve lived here for 30 years and we have never seen anything like this,” Janina Poom told the Courier Mail.

“We’re at the end of the street so we get a lot of hoons and the like, but that’s about it.”

Mr Breton’s partner Miranda (left) and Triscaru’s mother Victoria speak to the media at Logan police headquarters on Tuesday. Picture: AAP Image/Ed Jackson

Mr Breton’s partner Miranda (left) and Triscaru’s mother Victoria speak to the media at Logan police headquarters on Tuesday. Picture: AAP Image/Ed JacksonSource:AAP

A silver Mitsubishi Pajero belonging to Mr Breton was discovered in the carpark of the Cleveland ferry terminal following his disappearance.

He had reportedly discussed going on holiday to Stradbroke Island before he went missing.

He also withdrew $3000 just days before his disappearance, police said.

Ms Triscaru’s mother, Victoria, fronted the media on Tuesday in a public appeal for help to find her daughter.

“I miss her. She’s a very good girl and a very good mum,” she said. “The kids ask me all the time, ‘Where Mummy, where Mummy?’

“I’d be happy with just one call saying, ‘Mama, I’m still alive.’ That’s it.”

Mr Breton’s partner, Miranda, has told reporters of her fears. “Unfortunately, my gut feeling is not very good,” she said.

“Nothing adds up … it’s like a big puzzle that’s missing a lot of pieces.”

Police officers establish a crime scene near bushland in Kingston, south of Brisbane, as the search continues.

Police officers establish a crime scene near bushland in Kingston, south of Brisbane, as the search continues.Source:AAP

Miranda said Cory had dropped her at the airport as she headed to Newcastle in NSW to visit family. “That was the last time we spoke,” she said.

“He seemed in good spirits. He was talking about starting work with a mate of his that I know who runs a company in trade work of some description.

“I’ve got a million and one scenarios running through my mind as to what may have happened but I just want to know that he’s OK.

“It’s breaking us all that he’s missing — we’ve got a three-year-old daughter who is wondering where he is.

“He didn’t seem to be in trouble.”

Supt Hutchison said on Tuesday: “It’s every possibility they could be in fear for some unknown reason and have gone into hiding.

“There has been suggestion that some of them have decided to start a new life.

“All these are rumours.”

Police establish two crime scenes in search for missing Logan duo. Video: 7 News Queensland


 

Gerard Baden-Clay Appeals against Murder Conviction


SLAIN Queensland mother Allison Baden-Clay’s life insurance payout will go to a legal trust while her husband awaits the appeal of his murder conviction.

Today, the Federal Court ordered the sum of Allison’s TAL Life Limited policy — worth more than $412,000 in 2013 — be paid to the trust of solicitors representing her father, the estate’s executor.

It will be held in the trust account pending the final outcome of Gerard Baden-Clay’s pending appeal of his murder conviction.

The life insurance policy was jointly held by Allison, 43, and her husband, Gerard Baden-Clay.

It was one of two that were frozen after Baden-Clay was charged with his wife’s murder in June 2012.

Last August, funds from a Suncorp Life and Superannuation policy that was worth more than $347,000 in 2013 were ordered to be paid to Allison’s father’s representatives.

Allison’s parents, Geoff and Priscilla Dickie, are caring for the couple’s three daughters.

Baden-Clay, 44, tried to claim the insurance shortly after his wife’s body was found on a creek bank at Anstead in Brisbane’s west in April 2012.

After he was charged, the Federal Court became involved and froze the funds pending the outcome of criminal proceedings.

A former real estate agent, Baden-Clay was found guilty last July of murdering his wife at their Brookfield home in Brisbane and dumping her body.

Details of their marital breakdown, financial troubles and Baden-Clay’s infidelities were laid bare during the four-week trial.

Baden-Clay is serving a life sentence and will be eligible for parole in 2027.

Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)

Just to lighten the mood, GBC needs reminding he was over confident before too! How wrong he was!

cop shop

update 20/07/14

GERARD Baden-Clay was wheeling and dealing behind bars to gain up to $2 million if he’d been acquitted of murdering his wife Allison.

The day before the remorseless killer was found guilty, he bragged to prison guards he would soon be a free man.

And he was set to be a wealthy one too.

Baden-Clay would have walked out to a media deal of at least $600,000, negotiated by his family as he awaited trial.

He also would have collected up to $1 million from his wife’s insurance policies and $440,000 from selling a Gold Coast investment property he had owned with his wife.

Behind the scenes, TV producers flew up to Brisbane to woo the Baden-Clays with huge sums of money if he walked and talked.


 

Allison Baden-Clay’s family make plea as Gerard’s lawyers launch appeal against murder conviction

9 hours ago July 18, 2014

WIFE-killer Gerard Baden-Clay is prolonging the agony of Allison’s family and friends, appealing his conviction just two days after being sentenced.

He claims the jury was “unreasonable” when they found him guilty of murdering his wife and that a “miscarriage of justice” had occurred.

The challenge will likely take more than six months to get to court.

Last night Allison’s family told of their anguish at the appeal.

“It’s been a difficult time for the family, just let her rest in peace,” one of Allison’s relatives said

Baden-Clay was condemned in court by Justice John Byrne for using his wife’s struggles with depression in an attempt to beat the murder charge.

Baden-Clay’s defence team of barrister Michael Byrne QC and solicitor Peter Shields filed the paperwork yesterday shortly before midday.

The appeal claimed a miscarriage of justice occurred because the jury should have been directed the presence of Allison Baden-Clay’s blood in her car was only relevant if the jury was satisfied beyond reasonable doubt it could only have got there from an injury that occurred on the night she died.

It also argued the trial judge should have directed the jury that they needed to be satisfied beyond reasonable doubt Baden-Clay took his wife’s body to Kholo Creek in order to use it as “post offence conduct going to guilt’’.

Baden-Clay’s legal team also claimed the judge should not have told the jury they could consider whether he had “attempted to disguise marks on his face’’ by making razor cuts.

Lawyers are given one month to lodge an appeal. It would then be listed for hearing in the Court of Appeal.

Appeal notices are usually subject to significant refinement before written outline of arguments are lodged closer to the hearing date.

When the matter makes it to the court, Baden-Clay will appear before a panel of three judges. His lawyers will outline why they believe the trial failed and the Crown will respond.

If he is successful, he could be acquitted or the case could be tried again.

update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

Lawyers for Gerard Baden-Clay have filed an appeal against his murder conviction.

On Tuesday a Supreme Court jury found the 43-year-old Brisbane man guilty of killing his wife Allison in April 2012.

He was sentenced to life in prison, with a non-parole period of 15 years.

An image of a bearded Gerard Baden-Clay that was tendered

He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

“A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

“The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

“The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”


Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)

 

Gerard Baden-Clay found GUILTY OF MURDER


update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

Lawyers for Gerard Baden-Clay have filed an appeal against his murder conviction.

On Tuesday a Supreme Court jury found the 43-year-old Brisbane man guilty of killing his wife Allison in April 2012.

He was sentenced to life in prison, with a non-parole period of 15 years.

He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

“A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

“The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

“The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”


 


got him1

A Slide show covering the tragic events that resulted in Gerard being found guilty of Murdering his wife Allison

This slideshow requires JavaScript.

I have included the Allison’s family’s Victim Impact Statements in the GBC MENU or feel free to access each family members page and make a contribution here

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

SENTENCE

Gerard Baden-Clay, on the night of 19 April 2012, you murdered your wife, Allison.

The killing was not premeditated. But it was violent. That night, you were under considerable stress.

Your financial circumstances were, as you confessed to police, dire. Your domestic circumstances were no better.

You had resumed your affair with Toni McHugh. You kept telling her that you loved her.

You led her to understand that you intended to leave Allison and to be with her.

That afternoon, you told Ms McHugh that Allison would be at the conference Ms McHugh was to attend in Brisbane the next day.

Allison knew nothing about the resumption of the affair.

You deceived her into believing that it had ended in September 2011.

If the two women were to meet the next day, the consequences could have been dramatic, as you realised.

Your unsuspecting wife was doing her best to maintain the marriage.

A relationship counsellor had devised a plan. It allowed for Allison to express to you her feelings about the affair in a brief session every second day.

You had agreed, reluctantly, to that.

The first session happened the night before Allison died; and it had turned into an interrogation.

Allison remained tormented by the affair. She pressed you for details. On the night she died, Allison again questioned you about the affair. All the pressures proved too much for you.

The prosecution suggested that you smothered Allison; and that looks likely.

But whatever the mechanism, your violent attack caused her death.

Her fingernails scratched your face – the act of a desperate woman struggling for life.

Those marks are only consistent with your guilt.

Your shameful conduct after murdering Allison bespeaks a profound absence of remorse.

You took her body to Kholo Creek.

There you disposed of her in an undignified way: dumping her over a ledge to leave her lying in mud, exposed to the elements, insects and wildlife.

Then you put in place – and persisted in – a deception plan.

You used a razor to cut yourself near where she had scratched you, trying to disguise the injuries she had inflicted in defending herself.

You drove around the streets of Brookfield pretending to look for her. You have insinuated that mental illness may have led to drug overdose or suicide.

And besmirching Allison’s memory in that way is thoroughly reprehensible.

You have no criminal history. But you are definitely not of good character.

You are given to lies and other deception: so much so that whatever you may say on any application for parole, 15 years or more hence, will need to be assessed with considerable scepticism.

The   community,   acting   through   the   Court,   denounces   your lethal violence.

The impacts on Allison’s family have been grave.

Their victim impact statements poignantly express their pain.

You took a devoted, loving mother from her three girls, blighting their lives.

Pursuant to s.159A of the Penalties and Sentences Act 1992, I declare the

762 days spent in pre-sentence custody from 14 June 2012 until today to be imprisonment already served under the sentence.

The law provides but one penalty for your awful crime. I impose it.

You are sentenced to imprisonment for life.

Baden-Clay defence offered manslaughter

Gerard Baden-Clay’s defence team made an application for the case to proceed as a manslaughter charge due to a lack of evidence showing intent to kill. Nine News

MAJOR YELLOW DAFFODIL  UPDATE 11.53 AM 15/07/14

After more than 22 hours of deliberations the jury has found Gerard Baden-Clay guilty of killing his wife Allison Baden-Clay, the mother of their 3 children.

To the relief of everybody, the jury has seen through his mountain of lies and secrecy, the double life, the excuses and false explanations. Gerard Baden-Clay was the one and only suspect from the very first day and was doggedly investigated by the dedicated QLD Police Service.

How this poor excuse for a human being has manged to fool so many for so long is astounding, but it all came crashing down this afternoon not long after the jury handed in their verdict after they deliberated for over 22h hours.

guilty

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

Off to prison to start his new career, Gerard Baden-Clay is heading to the place he belongs

All previous threads and history including trial can be found clicking on link below https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

RESERVED FOR UPDATES AFTER VERDICT ANNOUNCEMENTS

The statement made outside court by a family Representative

Here is Allison Baden-Clay’s family’s full statement courtesy of our friends at the Brisbane Times

“Today, we, Allison’s family and friends, are relieved that we finally have justice for Allison.  The evidence presented at this trial has proven that Gerard Baden-Clay is responsible for the murder of his wife Allison.

It has been a long wait over the last two years, and this result today marks the beginning of our long journey towards healing, and finally allowing us to mourn and grieve for this beautiful woman.

Today is not a win for our family, for it will not bring our beautiful Allison back. However, it is the closure of another chapter in this journey for our family. We have lost Allison and nothing that has happened here will bring her back.  We as a family will grieve her tragic death forever, the memories tarnished by the fact that she was taken from us in such horrific circumstances.

We would like to thank the Queensland Police Service and the CIB officers involved in the investigation, the SES volunteers who searched night and day in all weather, the scientific experts and the Office of the Director of Public Prosecutions who have all worked tirelessly to ensure that we have justice for Allison.  We would also like to thank them for their compassion and support over what has been the darkest of times.

To all of our family and friends that have sat in the court each and every day supporting our beloved Allison, we thank you and hope that you too now find some peace from this result.

Throughout this time, those in the close knit Brookfield community and those in the media and wider public have shown us empathy and compassion for which we are enormously grateful. More so, however, we have appreciated your efforts to protect the privacy of Allison’s daughters.

Our primary concern has always been and remains the emotional and physical well-being of Allison’s three beautiful daughters.  We will help them to rebuild their lives and ask for your support, cooperation and privacy in order to do this.  We have a long way to go ensure that they will cope with a future without their mother.

Allison was a kind-hearted, generous woman, a loving wife and devoted mother whose legacy will continue if we all remember that life is precious and to take the time to be kind, smile at those who pass you by and live for today.

We, her family and friends, didn’t get a chance to say goodbye but Allison will always remain forever in our hearts.

Thank you”

Gerard Baden-Clay given life sentence for murder of wife Allison

Updated 1 minute ago

Former Brisbane real estate agent Gerard Baden-Clay has been given a life sentence after being found guilty of murdering his wife Allison in April 2012.

A Supreme Court jury has convicted the 43-year-old of killing the mother-of-three at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away.

Allison’s family shouted “yes” as the verdict was read out, while security asked for a short break because Baden-Clay was struggling to breathe.

Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15 years.

In a victim impact statement read to the court, Allison’s mother, Priscilla Dickie, said Baden-Clay had “betrayed” her daughter.

“We have all been robbed of Allison’s love,” she said. “The discovery of our darling daughter was absolutely devastating.

“The tragedy of it all is she had so much to offer.”

Allison’s father Geoff Dickie told the court he had been left “devastated by the murder of my precious, gifted and talented daughter”.

It was a case about sex, lies and murder that gripped the city of Brisbane for two years, and the ever-growing queues outside the Supreme Court were a testament to the public’s fascination with the sordid story.

In life, Allison Baden-Clay was a dancer, teacher, successful career woman, devoted wife and mother of three girls.

In death, she became well-known for all the wrong reasons.

Her disappearance in 2012 shocked the tight-knit affluent community of Brookfield. Well-wishers and concerned residents laid flowers at her home, not knowing what else to do.

At the same time, hundreds of police and State Emergency Service (SES) volunteers swung into action, combing surrounding suburbs for any trace of the missing woman.

“Please help us, because there are three beautiful little girls of Allison’s wanting to see their mother,” her father had pleaded.

Her mother urged: “Our lives will never be the same – we must, must find her – she’s so precious.”

Premier vowed resources to find Allison

Queensland Premier Campbell Newman vowed to commit whatever resources were necessary to finding her.

“I’m just very sad for the family and friends. It’s obviously just incredibly distressing,” he said at the time.

Timeline: Baden-Clay murder

However, from the moment Baden-Clay reported his wife missing on April 20, 2012, police knew this was no ordinary missing persons case.

He had told them she went for an early morning walk and never returned home.

But marks on his face alerted police that something more sinister may have happened.

Hours turned into days, and on April 30 a lone kayaker discovered what was later confirmed as Allison’s body on the muddy banks of Kholo Creek at Anstead, about 10 kilometres from the family’s home.

That day, police refused to say whether Baden-Clay was a suspect.

On June 13, however, he was arrested and charged with his wife’s murder.

Flowers and toys decorate a memorial for Allison Baden-Clay near Kholo Creek.

Photo: Flowers and toys decorate a memorial for Allison near the Kholo Creek location where her body was found in Brisbane’s west, June 23, 2014. (AAP: Dan Peled)

Crown case against Baden-Clay circumstantial

By its own admission, the crown’s case against Baden-Clay was a circumstantial one, but the accumulation of evidence was powerful.

A post-mortem examination failed to determine a cause of death due to decomposition, and apart from a chipped tooth and possible bruising, there were no fractures to Allison’s body.

A court photo shows marks on the face of accused murderer Gerard Baden-Clay.

Photo: Marks on the face of Gerard Baden-Clay. (Supplied)

But forensic pathologist Dr Nathan Milne believed Allison did not die from natural causes.

The crown said she died at the hands of her husband, the last person to see her alive.

At the time of her disappearance, Baden-Clay had marks on his face and body that drew the attention of police.

He had excuses for them, though: he had cut himself shaving in a rush; the marks on his neck were where he had crushed a caterpillar that had landed on him while he was watching one of his daughters compete in a cross-country race; and marks on his hand were from a screwdriver that slipped while he was helping renovate a friend’s house, but marks on his chest and shoulder could not be explained by him.

However, three forensic experts testified that marks on Baden-Clay’s face were likely fingernail scratches and Baden-Clay’s claim that they were from a razor was simply implausible.

They said marks on Baden-Clay’s body could also be from scratching, although they were less conclusive.

Then there was the dripping blood found in the boot of Allison’s four-wheel drive. DNA testing confirmed it was Allison’s.

Baden-Clay’s double life

The murder trial exposed a couple living very different lives publicly and in private.

On the face of it, the Baden-Clays were a successful family, running their own prestige real estate company.

But they were in deep financial trouble and Baden-Clay was having trouble paying off loans to friends.

In desperation, he had begged the state Member for Moggill, Dr Bruce Flegg, for a loan of up to $400,000, fearing he would go bankrupt without it.

Baden-Clay was also caught between two women: his wife and lover.

Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

Photo: (L to R) Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh. (Supplied/AAP)

In marriage counselling, Baden-Clay had professed to want a future with Allison, but at the same time was vowing to leave his wife on her birthday for former employee Toni McHugh.

An email trail between Ms McHugh and a secret account set up by Baden-Clay under the name Bruce Overland portrayed a tumultuous affair, and growing frustrations from Ms McHugh about her lover’s unfulfilled promises.

“Well you’ll have to forgive me that I feel disappointed when this happens. I’m sick of hiding,” Ms McHugh wrote on February 20, 2012.

“I’m sick of being second best and having to take the back seat … all so she doesn’t find out.

“Why should I believe things are going to be any different than the past[?]“

Ms McHugh wrote on March 27 she had looked at rental properties.

“It would be so much easier if you did just move in with me,” she said.

“She can get her own place and the week you have the children you move back to the house.”

I’m sick of being second best and having to take the back seat – all so she doesn’t find out.

Toni McHugh in an email to Baden-Clay

 

Baden-Clay wrote on April 3: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”

He also wrote an email on April 11 – referring to Ms McHugh as GG – their names for each other were Gorgeous Girl and Gorgeous Boy.

“This is agony for me too. I love you,” he said.

“I’m sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you. GB.”

Until April 2012, Baden-Clay had been able to keep his two worlds separate, but they were about to collide spectacularly.

On April 20, Allison and Ms McHugh were due to attend the same real estate conference.

In the witness box, Baden-Clay passed off his declarations of love to Ms McHugh as empty promises to appease a volatile, unstable and confrontational woman who was infatuated with him.

He portrayed himself as a philanderer, but no murderer: he had affairs with numerous women, but was never going to leave his wife.

Baden-Clay admitted he deceived Allison, Ms McHugh, his family and friends, and in return for his deception they gave him their loyalty.

“My intention was to end any relationship with Toni McHugh and solidify and continue my relationship with Allison for our future together,” he said in the witness box.

But the crown submitted Baden-Clay and Ms McHugh were very much entwined and his deceptive conduct showed what he was capable of.

Allison’s mental health raised at trial

The jury saw two faces of Allison. The defence painted a picture of a woman plagued by depression and unable to cope with the pressures of life.

They pursued the possibility that Allison could have taken her own life or wandered off into the night to her death.

According to testimony from Baden-Clay’s father, Nigel, and sister Olivia Baden-Walton, Allison was so incapacitated she could not get off the couch.

But her friends and family told a different story: she was a woman who was happy and feeling positive before she disappeared.

A GP, two psychologists and a psychiatrist who had treated Allison all said she was not a suicide risk.

Marriage counsellor Carmel Ritchie, who consulted with the couple just days before her death, also testified that Allison was hopeful for her future and wanting to make her marriage work.

One thing was clear, however: their marriage was in crisis. Allison’s journal revealed a woman tormented by self-doubt.

“I don’t want to be alone,” she wrote.

“I am afraid of being alone and lonely, maybe because I think I can’t handle it. I am afraid of failing – failing in my marriage and what people will think.”

Allison also had lingering questions about her husband’s affair with Ms McHugh. Some were answered, some were not.

Questions like how many times did they go to the movies together? How did they pay for hotels? Where did they have sex in her apartment? Sex in the family car?

“Did she ever say: ‘I feel bad because you’re married?’”

Three daughters left behind

The trial was the first time the public had heard the three Baden-Clay children speak about their mother’s disappearance.

Heartbreaking video recordings of police interviews with the girls, then aged 10, eight and five, taken on the afternoon their mother was reported missing showed their fear, distress and confusion at what was happening around them.

Baden-Clay wiped away tears while watching his daughters sob as they were quizzed by detectives.

Each described being put to bed by their parents. The middle girl remembered her mother singing Away In A Manger to her.

“Dad said mum had gone for a walk,” the eight-year-old said.

The youngest child said: “She was walking for a long time and we think she twisted her ankle.

“I didn’t get to see her at all because I was fast asleep.”

The eldest recalled seeing her mum on the couch watching TV when she got up to get a glass of water.

“Dad was trying to keep calm for us, but I don’t actually know what was going on in his head,” she said.

She saw “scratches” on her dad’s face, but none of the girls heard anything during the night.

The families and supporters of the Baden-Clays have sat through each day of the trial listening to evidence almost too painful to bear.

They are bound by grief, but divided by loyalty.

The guilty verdict gives them an answer – wanted or not.

But one question remains, and only Baden-Clay can really answer how he murdered his wife.

Amidst the murky personal drama are three little girls who lost their mother and will now have to learn to live without their father.

A JURY has found Gerard Baden-Clay guilty of murdering his wife Allison.

The former Brookfield real estate agent, 43, pleaded not guilty in the Supreme Court at Brisbane at the opening of his trial six weeks ago.

A jury of seven men and five women delivered its verdict shortly after 11.50am today after deliberating for 21 hours before reaching a decision.

Justice John Byrne asked the jury to retire to deliberate on Thursday at 11.10am.

Jurors lined up across one side of the court as they were asked by the judge’s associate: “Do you find the defendant Gerard Robert Baden-Clay guilty or not guilty of murder?’’

The family of Allison Baden-Clay, including her parents Geoff and Priscilla Dickie, who are seated in the packed public gallery of court 11, cheered as the jury replied: “Guilty”.

The accused was seated in the dock and stood to talk to his lawyer Peter Shields as the judge discharged the jury and thanked them for their service.

Justice Byrne told the jurors he was grateful for their service.

brisbane times

Gerard Baden-Clay appeal likely: legal expert

Date
July 16, 2014 – 2:29PM
Gerard Baden-Clay's defence team Michael Byrne, QC, and Peter Shields (right).

Gerard Baden-Clay’s defence team Michael Byrne, QC, and Peter Shields (right). Photo: Claudia Baxter

 

Wife killer Gerard Baden-Clay will almost certainly appeal his conviction and sentence, a Queensland criminal law expert says.

Professor Heather Douglas from the University of Queensland says Baden-Clay’s legal team will be poring over transcripts of his 21-day trial to find grounds for an appeal.

Baden-Clay has 30 days to lodge an appeal, or apply for grounds to seek an extension of time to lodge an appeal, following his life sentence on Tuesday for the murder of his wife Allison in 2012.

“There’s a very good chance he will appeal,” Professor Douglas said.

“I haven’t been through the fine grain of the transcript, so it’s very difficult for me to suggest that there are clear-cut unambiguous grounds that are likely to lead to success, but certainly that’s what the defence lawyers will be doing now.

“They’ll be looking at every word and every direction, everything the judge said and everything that was presented in the trial.”

Under Queensland law, there are three avenues of appeal, one being error of law, as in whether the judge has made incorrect directions to the jury.

Another is if it can be shown the jury reached a “dangerous” verdict out of step with the evidence presented.

The third avenue is miscarriage of justice, which can cover a variety of scenarios including whether jurors have been found to undertake their own research outside the courtroom or if any evidence presented was prejudicial against the defendant.

Professor Douglas believes Baden-Clay’s legal team could pursue a miscarriage of justice appeal because one juror had downloaded overseas’ material on jury deliberations.

She said this might be enough grounds for an appeal application, but his lawyers would then need to prove, for the appeal to be upheld, that the juror’s action impacted on the defence’s case.

“No trial’s perfect,” she said.

“It may be possible for Baden-Clay’s defence team to identify errors in the trial or problems in the trial.

“That will get them through to the appeals stage where they can then appeal against the conviction.”

Professor Douglas said she was not familiar with the entire Baden-Clay trial but had been impressed by Justice John Byrne’s handling of the matter.

“Justice Byrne’s a very experienced trial judge … he’s been very conservative in what evidence he’s allowed into the trial,” she said.

“He has excluded some relevant evidence on the basis that it would be too prejudicial in the circumstances. I think he’s been very careful with his management of the evidence.”

 

Gerard Baden-Clay Trial-Day 21-GUILTY MURDER


GERARD BADEN-CLAY HAS BEEN FOUND GUILTY MURDERING HIS WIFE, SENTENCED TO LIFE IN PRISON

I will post the Victim Impact Statements in full as soon as I can

I have included them in the GBC MENU or feel free to access each family members page and make a comment here

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

The gutless cowardly pathetic serial adulterer and excuse of a husband, father, businessman and community member, may each day be long and night lonelier, like Allison, whom you killed and left lifeless to rot in the forest!

DECISION NOW DUE 11.45AM

Verdict due 11.45 am today

Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)


Gerard Baden-Clay given life sentence for murder of wife Allison

Updated 1 minute ago

Former Brisbane real estate agent Gerard Baden-Clay has been given a life sentence after being found guilty of murdering his wife Allison in April 2012.

A Supreme Court jury has convicted the 43-year-old of killing the mother-of-three at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away.

Allison’s family shouted “yes” as the verdict was read out, while security asked for a short break because Baden-Clay was struggling to breathe.

Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15 years.

In a victim impact statement read to the court, Allison’s mother, Priscilla Dickie, said Baden-Clay had “betrayed” her daughter.

“We have all been robbed of Allison’s love,” she said. “The discovery of our darling daughter was absolutely devastating.

“The tragedy of it all is she had so much to offer.”

Allison’s father Geoff Dickie told the court he had been left “devastated by the murder of my precious, gifted and talented daughter”.

It was a case about sex, lies and murder that gripped the city of Brisbane for two years, and the ever-growing queues outside the Supreme Court were a testament to the public’s fascination with the sordid story.

In life, Allison Baden-Clay was a dancer, teacher, successful career woman, devoted wife and mother of three girls.

In death, she became well-known for all the wrong reasons.

Her disappearance in 2012 shocked the tight-knit affluent community of Brookfield. Well-wishers and concerned residents laid flowers at her home, not knowing what else to do.

At the same time, hundreds of police and State Emergency Service (SES) volunteers swung into action, combing surrounding suburbs for any trace of the missing woman.

“Please help us, because there are three beautiful little girls of Allison’s wanting to see their mother,” her father had pleaded.

Her mother urged: “Our lives will never be the same – we must, must find her – she’s so precious.”

Premier vowed resources to find Allison

Queensland Premier Campbell Newman vowed to commit whatever resources were necessary to finding her.

“I’m just very sad for the family and friends. It’s obviously just incredibly distressing,” he said at the time.

Timeline: Baden-Clay murder

However, from the moment Baden-Clay reported his wife missing on April 20, 2012, police knew this was no ordinary missing persons case.

He had told them she went for an early morning walk and never returned home.

But marks on his face alerted police that something more sinister may have happened.

Hours turned into days, and on April 30 a lone kayaker discovered what was later confirmed as Allison’s body on the muddy banks of Kholo Creek at Anstead, about 10 kilometres from the family’s home.

That day, police refused to say whether Baden-Clay was a suspect.

On June 13, however, he was arrested and charged with his wife’s murder.

Flowers and toys decorate a memorial for Allison Baden-Clay near Kholo Creek.

Photo: Flowers and toys decorate a memorial for Allison near the Kholo Creek location where her body was found in Brisbane’s west, June 23, 2014. (AAP: Dan Peled)

Crown case against Baden-Clay circumstantial

By its own admission, the crown’s case against Baden-Clay was a circumstantial one, but the accumulation of evidence was powerful.

A post-mortem examination failed to determine a cause of death due to decomposition, and apart from a chipped tooth and possible bruising, there were no fractures to Allison’s body.

A court photo shows marks on the face of accused murderer Gerard Baden-Clay.

Photo: Marks on the face of Gerard Baden-Clay. (Supplied)

But forensic pathologist Dr Nathan Milne believed Allison did not die from natural causes.

The crown said she died at the hands of her husband, the last person to see her alive.

At the time of her disappearance, Baden-Clay had marks on his face and body that drew the attention of police.

He had excuses for them, though: he had cut himself shaving in a rush; the marks on his neck were where he had crushed a caterpillar that had landed on him while he was watching one of his daughters compete in a cross-country race; and marks on his hand were from a screwdriver that slipped while he was helping renovate a friend’s house, but marks on his chest and shoulder could not be explained by him.

However, three forensic experts testified that marks on Baden-Clay’s face were likely fingernail scratches and Baden-Clay’s claim that they were from a razor was simply implausible.

They said marks on Baden-Clay’s body could also be from scratching, although they were less conclusive.

Then there was the dripping blood found in the boot of Allison’s four-wheel drive. DNA testing confirmed it was Allison’s.

Baden-Clay’s double life

The murder trial exposed a couple living very different lives publicly and in private.

On the face of it, the Baden-Clays were a successful family, running their own prestige real estate company.

But they were in deep financial trouble and Baden-Clay was having trouble paying off loans to friends.

In desperation, he had begged the state Member for Moggill, Dr Bruce Flegg, for a loan of up to $400,000, fearing he would go bankrupt without it.

Baden-Clay was also caught between two women: his wife and lover.

Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

Photo: (L to R) Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh. (Supplied/AAP)

 

In marriage counselling, Baden-Clay had professed to want a future with Allison, but at the same time was vowing to leave his wife on her birthday for former employee Toni McHugh.

An email trail between Ms McHugh and a secret account set up by Baden-Clay under the name Bruce Overland portrayed a tumultuous affair, and growing frustrations from Ms McHugh about her lover’s unfulfilled promises.

“Well you’ll have to forgive me that I feel disappointed when this happens. I’m sick of hiding,” Ms McHugh wrote on February 20, 2012.

“I’m sick of being second best and having to take the back seat … all so she doesn’t find out.

“Why should I believe things are going to be any different than the past[?]”

Ms McHugh wrote on March 27 she had looked at rental properties.

“It would be so much easier if you did just move in with me,” she said.

“She can get her own place and the week you have the children you move back to the house.”

I’m sick of being second best and having to take the back seat – all so she doesn’t find out.

Toni McHugh in an email to Baden-Clay

 

Baden-Clay wrote on April 3: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”

He also wrote an email on April 11 – referring to Ms McHugh as GG – their names for each other were Gorgeous Girl and Gorgeous Boy.

“This is agony for me too. I love you,” he said.

“I’m sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you. GB.”

Until April 2012, Baden-Clay had been able to keep his two worlds separate, but they were about to collide spectacularly.

On April 20, Allison and Ms McHugh were due to attend the same real estate conference.

In the witness box, Baden-Clay passed off his declarations of love to Ms McHugh as empty promises to appease a volatile, unstable and confrontational woman who was infatuated with him.

He portrayed himself as a philanderer, but no murderer: he had affairs with numerous women, but was never going to leave his wife.

Baden-Clay admitted he deceived Allison, Ms McHugh, his family and friends, and in return for his deception they gave him their loyalty.

“My intention was to end any relationship with Toni McHugh and solidify and continue my relationship with Allison for our future together,” he said in the witness box.

But the crown submitted Baden-Clay and Ms McHugh were very much entwined and his deceptive conduct showed what he was capable of.

Allison’s mental health raised at trial

The jury saw two faces of Allison. The defence painted a picture of a woman plagued by depression and unable to cope with the pressures of life.

They pursued the possibility that Allison could have taken her own life or wandered off into the night to her death.

According to testimony from Baden-Clay’s father, Nigel, and sister Olivia Baden-Walton, Allison was so incapacitated she could not get off the couch.

But her friends and family told a different story: she was a woman who was happy and feeling positive before she disappeared.

A GP, two psychologists and a psychiatrist who had treated Allison all said she was not a suicide risk.

Marriage counsellor Carmel Ritchie, who consulted with the couple just days before her death, also testified that Allison was hopeful for her future and wanting to make her marriage work.

One thing was clear, however: their marriage was in crisis. Allison’s journal revealed a woman tormented by self-doubt.

“I don’t want to be alone,” she wrote.

“I am afraid of being alone and lonely, maybe because I think I can’t handle it. I am afraid of failing – failing in my marriage and what people will think.”

Allison also had lingering questions about her husband’s affair with Ms McHugh. Some were answered, some were not.

Questions like how many times did they go to the movies together? How did they pay for hotels? Where did they have sex in her apartment? Sex in the family car?

“Did she ever say: ‘I feel bad because you’re married?'”

Three daughters left behind

The trial was the first time the public had heard the three Baden-Clay children speak about their mother’s disappearance.

Heartbreaking video recordings of police interviews with the girls, then aged 10, eight and five, taken on the afternoon their mother was reported missing showed their fear, distress and confusion at what was happening around them.

Baden-Clay wiped away tears while watching his daughters sob as they were quizzed by detectives.

Each described being put to bed by their parents. The middle girl remembered her mother singing Away In A Manger to her.

“Dad said mum had gone for a walk,” the eight-year-old said.

The youngest child said: “She was walking for a long time and we think she twisted her ankle.

“I didn’t get to see her at all because I was fast asleep.”

The eldest recalled seeing her mum on the couch watching TV when she got up to get a glass of water.

“Dad was trying to keep calm for us, but I don’t actually know what was going on in his head,” she said.

She saw “scratches” on her dad’s face, but none of the girls heard anything during the night.

The families and supporters of the Baden-Clays have sat through each day of the trial listening to evidence almost too painful to bear.

They are bound by grief, but divided by loyalty.

The guilty verdict gives them an answer – wanted or not.

But one question remains, and only Baden-Clay can really answer how he murdered his wife.

Amidst the murky personal drama are three little girls who lost their mother and will now have to learn to live without their father.

brisbane times

“content kindly supplied by Brisbane Times” 

Gerard Baden-Clay trial: Three days of deliberations and no verdict yet

July 14, 2014 – 6:31PM

The jury in the Gerard Baden-Clay murder trial are spending their fourth day deliberating a verdict on Tuesday.

The jury considering the fate of accused wife killer Gerard Baden-Clay is yet to reach a verdict after a third day of deliberations.

The seven men and five women of the jury returned to the courtroom briefly on Monday after requesting Justice John Byrne explain the nature of circumstantial evidence for the second time.

One juror sent a note to Justice Byrne requesting “another reading of the process and meaning and application of circumstantial evidence to arrive at a verdict”.

Justice Byrne re-read part of his summing up to the jury relating to circumstantial evidence.

“It is not necessary that facts be proved by direct evidence. They may be proved by circumstantial evidence alone, or by a combination of direct and circumstantial,” he said.

“So you should consider all the evidence, including circumstantial evidence.

“Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference, it must be the only rational inference that could be drawn from the circumstances.

“If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty.”

 

One juror lingered in the courtroom re-reading Justice Byrne’s summation which was displayed on a large screen, as the other jurors rose from their seats to return to the deliberation room.

The jury retired to consider its verdict at 11.10am on Thursday after hearing from 72 witnesses, including Mr Baden-Clay, and watching video recordings of police interviews with the Baden-Clays’ three young daughters.

Their deliberations were interrupted four times last week after it was revealed one juror accessed information on the internet and another juror requested the judge explain how the jury should view alleged lies told by Mr Baden-Clay.

The high-profile murder trial will enter its 21st day when the jury resumes its deliberations on Tuesday.

He has pleaded not guilty.


Remember this?


All previous threads and history including trial can be found clicking on link below https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

Gerard Baden-Clay Trial-Day 20


My personal view is the jury have not put in the hard yards tonight in my view.They could go up to 8pm…Going home is just more white noise…Focus and do your duty, it takes guts. disappointing

3.15pm Jurors have been deliberating for more than 18 hours. Haven’t heard from them yet today

Update 11.30am Jury has now been deliberating for nearly 15 hours. No verdict yet. stay tuned

Please NOTE This Community is too important to let any individual ruin it for others!

From now on, bullying in any form will result in ONE WARNING FROM ME (ROBBO) and 2nd time will result in an instant ban from the site.

We are here to discuss important things, not to make personal attacks. Admin (ROBBO) will be the one who determines whether or not a message is deemed as bullying or inappropriate. Thank you for your cooperation

(Robbo, owner and operator of aussiecriminals)

All previous threads and history including trial can be found clicking on link below https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

brisbane times

“content kindly supplied by Brisbane Times” 

Gerard Baden-Clay trial: Three days of deliberations and no verdict yet

July 14, 2014 – 6:31PM

The jury in the Gerard Baden-Clay murder trial are spending their third day deliberating a verdict on Monday.

The jury considering the fate of accused wife killer Gerard Baden-Clay is yet to reach a verdict after a third day of deliberations.

The seven men and five women of the jury returned to the courtroom briefly on Monday after requesting Justice John Byrne explain the nature of circumstantial evidence for the second time.

One juror sent a note to Justice Byrne requesting “another reading of the process and meaning and application of circumstantial evidence to arrive at a verdict”.

Justice Byrne re-read part of his summing up to the jury relating to circumstantial evidence.

“It is not necessary that facts be proved by direct evidence. They may be proved by circumstantial evidence alone, or by a combination of direct and circumstantial,” he said.

“So you should consider all the evidence, including circumstantial evidence.

“Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference, it must be the only rational inference that could be drawn from the circumstances.

“If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty.”

One juror lingered in the courtroom re-reading Justice Byrne’s summation which was displayed on a large screen, as the other jurors rose from their seats to return to the deliberation room.

The jury retired to consider its verdict at 11.10am on Thursday after hearing from 72 witnesses, including Mr Baden-Clay, and watching video recordings of police interviews with the Baden-Clays’ three young daughters.

Their deliberations were interrupted four times last week after it was revealed one juror accessed information on the internet and another juror requested the judge explain how the jury should view alleged lies told by Mr Baden-Clay.

The high-profile murder trial will enter its 21st day when the jury resumes its deliberations on Tuesday.

Mr Baden-Clay is accused of killing his wife Allison at their home in the affluent western Brisbane suburb of Brookfield on April 19, 2012, and dumping her body on the banks of Kholo Creek about 14 kilometres away.

He has pleaded not guilty.

Justice Byrne told the jury for the first time last week it could consider a manslaughter verdict if it finds Mr Baden-Clay not guilty of murder.

To find Mr Baden-Clay guilty of manslaughter the jury does not need to conclude he intended to kill his wife, only that he did so unlawfully.

Mr Baden-Clay faces at least 15 years’ in jail without parole if found guilty of murder, while there is no fixed minimum non-parole period for manslaughter.

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Reserved for day 20 discussion during deliberations

Jurors in the murder trial of Gerard Baden-Clay will return TODAY to continue deliberating after being sent home for the weekend without reaching a verdict.

The jury has now spent just under 12 hours considering a verdict in the trial of the 43-year-old former real estate agent, who has denied killing his wife, Allison, in April 2012.

Her body was found on a creek bank 10 days after she had been reported missing from her home in the Brisbane suburb of Brookfield.

Thurday afternoon, Justice John Byrne had to remind jurors to only consider documents and material presented during the five-week trial, after revelations one of them had downloaded an overseas guide to jury service from the internet.

Justice Byrne scolded them, saying he had given directions three times not to make enquiries outside the courtroom and confiscated the material.

“What was done was wrong. I am, however, grateful it was brought to my attention,” he said.

“You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think,” he said


Remember this?

GBC Trial Day 19.5 (the weekend)


Something to get the chat going for the weekend

 

Baden-Clay murder trial: Large crowds in court evidence of a healthy legal system, top barrister says

11/07/14

Gerard Baden-Clay

The murder trial of Gerard Baden-Clay has seen a ticketing system introduced to prevent overcrowding

The high level of public interest in the Gerard Baden-Clay trial is nothing out of the ordinary, and in fact makes for a healthy legal system, a top barrister says.

The former real estate agent’s murder trial attracted crowds to the Brisbane Supreme Court, with extra courtrooms opened for people who queued day after day to gain entry, and a ticketing system introduced to prevent overcrowding.

The Department of Justice and Attorney-General says these special arrangements for large-scale trials are made to ensure openness and transparency in the justice system.

This transparency is key to keeping Australia’s legal apparatus – everyone from police to barristers and judges – held to account, says Ken Fleming, QC.

Mr Fleming was the defence barrister for former Bundaberg surgeon Jayant Patel and has worked as a United Nations prosecutor on international war crimes trials.

“Everyone should be held accountable for what they’re doing, and the open scrutiny of it is a very important thing,” he said.

“You just can’t have things going on behind closed doors, because that engenders fear of the unknown.”

Mr Fleming says the “whole delivery of justice” depends on high levels of public interest, because people can see and understand the process.

Seeing mystery unravel part of appeal, barrister says

The courts are not, however, in danger of turning into another form of entertainment – rather, they always have been.

“You only have to think about the French Revolution and the guillotining in the forecourt of the Notre Dame,” Mr Fleming said.

Although some people may attend just to see a mystery unravel, he believes many also have a genuine interest in watching the ins and outs of the legal process.

There might be some prurient interest as well, but I think that’s not the major reason people are there.

Ken Fleming, QC

“You only have to look at some of the British television programs to see how we love a good murder mystery,” he said.

“There might be some prurient interest as well, but I think that’s not the major reason people are there.

“They just have a genuine interest in what’s going on.”

Glen Cranny, a defence lawyer and partner at Gilshenan and Luton Lawyers, also believes a high level of public interest is healthy for the criminal justice system generally.

“People might come for any number of reasons, and some might come for mawkish reasons,” he said.

“Nevertheless, I think the benefits of having an open and transparent system … far outweigh any perverse interest some people may get out of such proceedings.”

Public pressure witnesses face may discourage some: lawyer

Publicity and public interest in a case can also encourage other complainants or witnesses to come forward and give evidence, where they may have otherwise been unaware or not confident enough.

Rolf Harris‘s case in England, for example, involved people who were coming forward as complainants once they, I think, had the courage that there were protections and systems in place for their story to be told,” Mr Cranny said.

But this benefit has a flip-side: that very publicity could make people apprehensive about revealing their story.

“I think there is a tipping point where some people might think they could do without their face or name being splashed on TV as a witness, or as a complainant,” Mr Cranny said.

“They would be happy to be involved in the process in a low-key way, but don’t want to be engaged … in anything that might in some way feel like a circus to them.”

Reputational issues should also be factored in, especially when a person’s conduct, while lawful, may not hold them in a good light.

“We’ve seen in a recent high-profile case … a lot of focus on extra-marital affairs and so on,” Mr Cranny said.

“There are people who are involved in those relationships, who haven’t broken the law, but have become very prominent just through their personal lives.”

Mr Fleming says that while public interest could make some people “a bit reluctant”, he had not seen any evidence of public attendance impacting on witnesses.

“It is on display and in a sense it’s theatre,” he said.

“But once people are resigned to the fact that they will be giving evidence, I don’t think too much stands in their way.”

Opening additional courtrooms and keeping the public away from “where the action is happening” also means witnesses are only faced with a very small and confined audience in the main court, Mr Fleming said.

All previous threads and history including trial can be found clicking on link below https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Gerard Baden-Clay Trial-Day 19


Feel free to join the conversation over at day 19.5, what we call the weekend chat until they resume on Monday, just click here !

UPDATE 4.15PM

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

All previous threads and history including trial can be found clicking on link below https://aussiecriminals.com.au/category/gerard-baden-clay/

List of Trial Witnesses as they appear here

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

Brisbane Supreme Court Justice John Byrne has asked a jury to retire to consider a verdict in the trial of Gerard Baden-Clay.

Update 11/07/14 10am Jury has a Question!

Courtesy of our friends the Courier Mail

In response to a note from the jury, Justice Byrne took them through sections of his summing up.

The jury speaker said he was not able to identify the passage the jury wanted more information on, instead referring a question from Justice Byrne to another panel member.

The juror identified the section as being to do with the evidence of Baden-Clay and whether he told lies.

Justice Byrne reread the passage to the jury.

“If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt merely with respect to manslaughter as distinct from also revealing an intention to kill or to cause grievous bodily harm,” he said.

“You may only use the lie about cutting himself shaving – if it is a lie – as tending to prove the element of murder of an intention to kill or to cause grievous bodily harm if, on the whole of the evidence, the accused lied because he realised that the truth of the matter in that respect would show that, in killing his wife, he had intended to kill her or to cause her grievous bodily harm.

“It may be that, even if you were to find that the accused lied about his facial injuries because he realised that the truth would show him to be the killer, still you would not conclude that the lie shows that he realised that her death after scratching him with her fingernails would show that he had killed her intentionally.”

Baden-Clay murder trial: Jury told not to seek outside help as it retires to consider verdict on former Brisbane real estate agent accused of murdering wife

8.30am

The Gerard Baden-Clay murder trial took a dramatic twist yesterday when the judge warned the jury not to seek outside help in their deliberations.

The former Brisbane real estate agent has pleaded not guilty to murdering his wife Allison and dumping her body under the Kholo Creek bridge in April 2012.

The jury was sent out to begin its deliberations after Justice John Byrne finished his summing up.

But after two hours of deliberations the jury came back into the courtroom and it emerged that one of them had downloaded an overseas guide to jury service from the internet.

Justice Byrne sent the jurors back with a warning not to use any outside aids or seek to receive any new information.

“Clearly the direction has not been observed by one [juror],” Justice Byrne said.

“That juror has apparently downloaded from the internet material on how a juror might approach its great responsibility on deliberating on [a] verdict.

“What was done was wrong. I am, however, grateful it was brought to my attention.”

He reiterated that assistance must come from the court only and not an external source.

“You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think,” he said.

The jury returned to its deliberations but was sent home for the day at about 4:00pm and will resume its deliberations on Friday.

Allison’s body was found on the creek bank 10 days after her husband reported her missing from their Brookfield home.

Prosecutors finished summing up their case on Wednesday before the jury was given directions by Justice Byrne.

The seven men and five women were told they were judges of the facts and must carefully consider the weight and quality of evidence against Baden-Clay.

They were told to consider finding the 43-year-old guilty of manslaughter, if they did not find him guilty of murder.

Justice Byrne said the defence case asserted that Allison died from suicide, falling off the Kholo Creek bridge, a drug overdose, or serotonin syndrome, while the prosecution’s case was that Baden-Clay was a liar who killed his wife and dumped her body.

He told the jury to set aside sympathy and prejudice and carefully consider the evidence against Baden-Clay.

The court heard the case against Baden-Clay was a circumstantial one, but direct evidence was not necessary to convict him of murder.

Justice Byrne concluded his address to the jury by reminding them there was no definite cause of death.

He told the court the prosecution had argued Allison had died of unnatural causes, and only the person who killed her knew the method of her death.

Earlier this week, the jury heard closing arguments from both the defence and prosecution.

In his final comments to the jury on Wednesday, crown prosecutor Todd Fuller told them to consider Baden-Clay’s actions on the day his wife disappeared along with the scratches on his face, the leaves in Allison’s hair, and the blood in her car.

Justice Byrne dismissed the three reserve jurors, thanking them for their service and dedication.

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