Former priest John Joseph Farrell jailed for at least 18 years over child sexual assaults

Victims of a former Catholic priest who sexually abused children in northern New South Wales in the 1980s have described the devastating impact of his crimes in statements read out in court.

John Joseph Farrell, 62, is awaiting sentencing for 62 offences involving 12 victims.


This is what the bloody church does, try to hide away filthy disgusting sexual offenders for years. BUT the time is up for the pathetic excuse, up until now known as Father F…Real name former priest John Joseph Farrell


‘Clear evidence’ of Catholic Church cover-up over Father ‘F’: former DPP director

Updated about an hour ago

The former director of the NSW Department of Public Prosecutions (DPP) says there is “clear evidence” the Catholic Church covered up the crimes of a paedophile priest.

John Joseph Farrell, formerly Father “F” under a decades-old suppression order, was sentenced to a minimum 18 years’ jail after being found guilty of 62 counts of child sex abuse in Armidale in the 1980s.

Pressure is mounting on the DPP to investigate the Catholic Church over its role in the cover-up of Farrell’s crimes, with the possibility of further criminal prosecution of senior Catholic Church leaders.

Since 1990, it has been against the law to conceal serious offences under 316 of the Crimes Act.

“I think this is very clear evidence of continuing cover-up,” former DPP director Nicholas Cowdery said.

“I don’t see how you can get away from that.”

Farrell has offered to give evidence against senior Catholic leaders who have repeatedly denied covering up his child sex crimes.

In documents obtained by 7.30, Farrell insists he admitted to Reverend Monsignor Usher and Father Brian Lucas he sexually abused five boys between 1982 and 1984.

They have denied witnessing Farrell’s admission to child sex crimes.

Do you know more about this story? Email 7.30syd@your.abc.net.au

Farrell’s legal representative wrote to the Special Commission into Child Sex Abuse allegations in the Catholic Diocese of Maitland-Newcastle in October 2013, saying Farrell offered to give evidence “contrary to the accounts given by Fathers Usher and Lucas”.

“Importantly, such evidence supports the proposition of a ‘cover-up’ and may provide evidence of offences such as misprision of a felony and the failing to disclose information concerning a serious offence,” the letter reads.

The confession

On September 3, 1992, Farrell was called to a meeting with senior Catholic church leaders in the in the presbytery of St Mary’s Cathedral in Sydney.

Present were Father Wayne Peters (now deceased), Reverend Monsignor Usher and Father Lucas, now the national director of The Catholic Mission.

They have said Farrell admitted to “nothing specific” and that Farrell spoke about his “sexual fantasies”, according to the Whitlam Report into the affair, commissioned by the Parramatta and Armidale Diocese in 2012.

“Farrell said nothing on that occasion where he mentioned any names or any matters of child sexual abuse,” Reverend Monsignor Usher told 7.30.

A secret internal letter about the meeting sent in 1992, signed by Reverend Peters and addressed to the Bishop of Armidale, includes details of graphic sexual abuse inflicted upon five boys.

“Some of the boys involved may bring criminal charges against the Rev Farrell with subsequent grave harm to the priesthood and the church.”

Reverend Monsignor Usher disputes the letter’s version of events.

“He [Farrell] talked a lot about homosexuality or gayness but whatever Wayne Peters wrote did not come out of that meeting,” Reverend Monsignor Usher said.

“He may have had access to other information.”

‘Facts constitute serious indictable offences’

Mr Cowdery said it was in the public interest that clergyman that may have known about crimes, yet failed to report them to police, are referred to the DPP on the basis of Farrell’s testimony and the 1992 letter.

“In that letter, there is a very clear description of facts that would constitute serious indictable offences,” he said.

“That is, criminal offences that carry a penalty of five years’ imprisonment or more.”

Associate Professor David Hamer, a specialist in the law of evidence at the University of Sydney, said it is at the discretion of the DPP whether or not to prosecute.

“I’d imagine that someone senior in the NSW DPP would take a very close look at any charges that were laid in this case,” Associate Professor Hamer said.

Father Lucas has always maintained Farrell did not make any admission that required going to the police, and did not agree to an interview with 7.30.

NSW Police Strikeforce Glenroe, the DPP, the Sydney Archdiocese and the Bishop of Armidale have all been contacted for comment.


Victim of sexual abuse by Catholic priest felt ‘completely abandoned’ by church

 8 Apr 2016, 5:46pm

Victims of a former Catholic priest who sexually abused children in northern New South Wales in the 1980s have described the devastating impact of his crimes in statements read out in court.

John Joseph Farrell, 62, is awaiting sentencing for 62 offences involving 12 victims.

One victim said in his statement, which was read by his mother, the abuse was compounded by the fact that when he reported what happened to him, he was not believed.

“I felt completely abandoned by the institution I had put so much faith in,” his statement said.

The victim said he had enjoyed a happy childhood until the age of 11.

“When I met Farrell, all of that changed,” he said in his statement.

He said the Catholic Church merely protected Farrell.

The man also said it was no coincidence he started drinking after meeting Farrell.

He said he developed chronic alcoholism, never engaged in study or long-term employment and has had 20 different homes in the past 25 years.

Victim ‘never had a proper relationship’ after abuse

Another victim said that having to re-live the offences against him was traumatic.

“I have never been able to have a proper relationship because of what happened to me,” his statement said.

My experience with John Farrell was always present in my thoughts and never was I prepared to reveal that I was a victim.

Child sexual abuse victim

Another victim who was raped by Farrell was overcome with emotion as he was preparing to read out his victim impact statement in the witness box.

His partner stepped up to read the statement on his behalf.

In it, he said the abuse continues to cause him problems with intimacy.

“I feel unclean until I’ve showered [after sexual activity],” he said. “John Farrell has shown neither remorse nor regret for what he has done to me and others.”

Most of Farrell’s victims were altar boys in the Moree area, but three of the victims were girls.

A woman who was sexually abused by Farrell said in her statement that was submitted but not read to the court: “I naively assumed that God must have been okay with it.”

“My experience with John Farrell was always present in my thoughts and never was I prepared to reveal that I was a victim,” she said.


Convicted paedophile priest John Joseph Farrell given sentence of 29 years for 62 sex crimes

A former priest will got to jail following his conviction on 62 counts of abuse.

A PAEDOPHILE priest, who raped one of his victims on the church’s altar, has been sentenced to almost three decade behind bars.

At Sydney’s District Court on Monday Judge Peter Zahra said former Catholic priest John Joseph Farrell “disregarded and took advantage” of his victims who he groomed over long periods of time.

Last month, Farrell was found guilty of 62 offences involving rapes and indecent assaults against three girls and nine boys over nearly a decade in the northern NSW towns of Moree and Tamworth.

As well as the 62 historical sexual crimes against children, a further 17 offences were taken into account when he was handed down a sentence of 29 years, with a non-parole period of 18 years.

He will not leave prison until 2033 at the earliest.

The disgraced ex-priest sat in the dock with his eyes closed as Judge Zahra told the courtroom how Farrell had assaulted his victims between 1979 and 1988.

Farrell was aware of, and exploited, the powerful position he held as a priest, the judge said.

Although some of Farrell’s crimes might have appeared to be spontaneous, they were in fact a result of the offender’s long-term grooming of the boys and girls which included gaining the trust of their parents, Judge Zahra continued.

At Farrell’s trial last month, the jury heard one of the victims, who was just 10 when the abuse began, was so trusting of the then-priest she convinced herself the assaults were “OK with God”.

The disabled victim, who can’t be identified, said in a statement tendered the court that the traumatising sexual abuse had continued throughout her teenage years.

“I naively assumed that God must have been OK with it,” she said.

Another of Farrell’s female victims would often try to escape when he visited her family home.

She would run to a friend’s house which led to her family becoming angry with her for being anti-social, she said in her victim impact statement.

“I kept the abuse quiet from my family as I was afraid of their reaction,” she said.

She told the court she had been robbed of her dream of having a husband and child.

“I have had plenty of boyfriends over the years but have always found sexual relations with them to be unpleasant,” she said.

“Although I made my body participate in the actions, my mind would remain detached.”

Before abusing the girls, Farrell had preyed on nine altar boys at Moree in the early 1980s.

He had raped one victim on the church’s altar and targeted others in a local swimming pool and during car trips to nearby parishes.

Many of those sitting in the public gallery of the courtroom wept as the sentence was handed down, while others clapped as the judge imposed a non-parole period of 18 years.

— with AAP


smh.com.au

Ex-Catholic priest John Joseph Farrell jailed for 29 years for child sex assaults

Emma Partridge

John Joseph Farrell during a previous hearing.John Joseph Farrell during a previous hearing. Photo: Barry Smith

Victims stood and clapped as one of the most notorious paedophile priests in NSW was sentenced to 29 years’ jail after committing 62 acts of child sex abuse in regional NSW.

Former Catholic priest John Joseph Farrell, 62, sexually abused nine young altar boys and three girls between 1979 and 1988 in Moree, Armidale and Tamworth.

Victim Mark Boughton with his wife Belinda after former Catholic priest John Joseph Farrell was sentenced to 29 years in ...Victim Mark Boughton with his wife Belinda after former Catholic priest John Joseph Farrell was sentenced to 29 years in jail. Photo: Nick Moir

Farrell, also known as “Father F”, committed 27 acts of sexual assault, 48 acts of indecent assault and four acts of indecency.

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The “predatory” former priest was sentenced to a maximum of 29 years but a minimum of 18 years at Sydney’s Downing Centre District Court on Monday.

He closed his eyes and showed no emotion during the three hour sentencing.

Victim Mark Boughton outside court.

Victim Mark Boughton outside court. Photo: Nick Moir

One of the people who clapped and cried was victim Mark Boughton and his wife, Belinda.

Outside court he said he hoped the outcome would allow himself and other victims to “have a life”.

“I’m very happy with the outcome; maybe it might show everyone else that they can stand up do the right thing and get these so called people off the street,” Mr Boughton said.

“Hopefully, everyone can get on, move on, have a life,” he said.

“Justice is served – he got what he wanted or what he needed, preying on kids. It’s not on – hopefully the world knows that now.”

During the sentencing hearing, Judge Peter Zahra spoke of how Farrell groomed many of his victims and exploited his position as a priest.

“The offender admitted he had a great deal of influence over the altar boys and he abused that position,” Judge Zahra said.

Judge Zahra said the offender, “disregarded and took advantage of the vulnerability of the child victims”.

“In relation to the altar boy victims, the offender knew there would be continuing opportunity because of the relationships he had developed with the victims and their parents.

“The offender created situations where he was confident he would not be detected even where his sexual abuse was, at times brazen in the extreme.”

During the trial, Crown prosecutor Bryan Rowe outlined a series of incidents in which Farrell groped, molested, raped or forced oral sex on the altar boys.

One altar boy who was indecently assaulted in a Moree swimming pool and later raped in the presbytery said, “It was the worst memory of [my] life.”

The victim went to report the sexual abuse to police in 2012 after viewing a Four Corners program.

He said he felt “embarrassed” and “ashamed” and said he hadn’t come forward earlier because “back in 1982 no one would have believed my words against a priest”.

Another victim had told the court that he was forced to perform oral sex on Farrell in a cellar when he was aged 10 or 11.

He said he told one of the brothers that he had been “hurt”.

Someone told him “they would sort it out” so the victim felt safe when he went back to church the following day.

But Farrell pulled his pants down at the altar and raped him.

“It felt like hours,” the victim said.

He said Farrell had threatened to kill him and his family if he told anyone about what had happened.

The former priest also molested three young girls. On one occasion he fondled the vagina of a little girl while she was at the dinner table with her family.

“The offender continued this conduct throughout the course of the meal during which he was engaging in conversation with other members of the family at the table,” Judge Zahra said.

Another victim, who was aged between nine and 11, was in Farrell’s bedroom at the presbytery when he was sexually assaulted with a toothbrush.

“I just want you to tell me if this hurts” or “how does this feel”, Farrell said at the time.

The victim cried and screamed out in pain.

Farrell was not suspended from public ministry until 1992.

His jail term will expire in 2044 but he will be eligible for parole in June 2033.


 

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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

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.


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.

Remember this?

Gerard Baden-Clay Trial-Day 18


No news tonight folks

JURY IN THIS TRIAL RETIRED TO CONSIDER VERDICT AT 11.10AM TODAY

Crazy update WTF Juror(s)

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

1.20pm

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

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

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

But after two hours of deliberations the jury came back into the courtroom and it emerged that one of them had downloaded a document from the internet on how to behave while on a jury.

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

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

All previous threads and history including trial can be found clicking on link below 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.

Baden-Clay, 43, has pleaded not guilty to murdering his wife Allison at their Brookfield home and to dumping her body 13km away at the Kholo Creek Bridge at Anstead on April 19, 2012.

He asked the jury to retire at 11.10am.

Justice Byrne discharged three reserve jurors who had patiently listened to evidence over the past month. (disappointing for them I am sure!)

He thanked them for their service.

brisbane times

“content kindly supplied by Brisbane Times” 

www.brisbanetimes.com.au

and

brisbanetimes.com.au reporter

10:52am: Justice Byrne has turned his attention to the prosecutor’s closing address.He acknowledged the prosecution case is a circumstantial case.“A circumstantial case, however, can be powerful,” he said.11:10am: Mr Baden-Clay is sitting motionless in the dock as Justice Byrne continues is summing up.His sister Olivia Walton and brother Adam Baden-Clay are seated in the public gallery behind the dock.MrsBaden-Clay’s parents, Priscilla and Geoff Dickie, are seated in the public gallery on the opposite side of the courtroom with Detective Superintendent Mark Ainsworth, who oversaw the police investigation.

11:11am: Justice Byrne has concluded his summing up of the case.His has dismissed the three female reserve jurors.
11:11am: The remaining seven men and five women of the jury have retired to consider their verdict.
11:12am: “I ask you now please to retire to consider your verdict,” Justice Byrne said.11:13am: Court has adjourned.

The wait begins.

11:26am Recap: Justice Byrne’s final instructions to the jury:

“If you find that you need further direction on the case, please send a written message through the Bailiff.

“Likewise, should you wish to be reminded of evidence, let the Bailiff know, and make a note of what you want. In that … the court would recommence. When you return to the courtroom I would provide such further assistance on the law as I can or arrange for the relevant part of the transcript to be found for you and read out, if need be.”

11:31am: Once the jury has reached its verdict it will return to the courtroom where Justice Byrne’s associate will ask:“Have you agreed upon a verdict?”If so, the jurors will reply “Yes”.The associate will then ask: “Do you find the accused Gerard Robert Baden-Clay guilty or not guilty of murder?”The jury’s speaker will then state the verdict.The associate will then ask: “So says your speaker, so say you all?”That is the time-honoured method for inviting the whole of the jury to signify that the verdict announced by the speaker is indeed the unanimous verdict of the jury.If so, the jury will collectively confirm the verdict by saying “Yes”.

11:33am: If the verdict is guilty of murder, no further verdict will be taken.However, if the verdict is not guilty, Justice Byrne’s associate will ask: “How do you find the accused again naming him guilty or not guilty of manslaughter?”The jury’s speaker will answer.The jury will then be asked again to collectively confirm the verdict is unanimous.

12:43pm: Justice Byrne acknowledged the jury had requested for a copy of his summation of the closing addresses from the prosecution and defence counsels.He declined the request and asked the jury to give a written note to the Bailiff requesting for parts, or all, of his summation to be read again in open court.The jury has resumed its deliberations.

1:13pm: The jury has been called back into the courtroom for another direction from Justice Byrne.“There’s been an important matter drawn to my attention,” he said.Justice Byrne said a juror had downloaded material from the internet about how a jury might deliberate its verdict.“I expected that my direction given twice orally and once in writing that you must not inquire outside the courtroom about anything that related to the trial was clear and emphatic,” he said.“What was done was wrong.”

1:16pm: The material downloaded from the internet related to commentary from the United States about the role of a jury.“You scarcely need to know what some overseas commentator speaking about a different system happens to the think,” Justice Byrne said.(seriously pissed off)

—————————————————————————————————-

GBC Collage...He is on trial charged with the Murder of his wife Allison Baden-Clay
GBC Collage…He is on trial charged with the Murder of his wife Allison Baden-Clay

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

3.15pm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Baden-Clay murder trial: Jury hears closing arguments from prosecution

Updated Wed 9 Jul 2014, 9:14pm AEST

Jurors in the murder trial of accused wife killer Gerard Baden-Clay have been told they have the option of convicting him of manslaughter if they do not think he is guilty of murder.

Prosecutors have finished summing up their case against the former Brisbane real estate agent, who has denied killing his wife Allison in April 2012.

Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

Justice John Byrne has now begun summing up the case for the jurors.

Prosecution wraps up case

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

The trial has heard about Baden-Clay’s infidelities, and Mr Fuller says a conversation between the accused and his mistress Toni McHugh the night before Allison’s disappearance might have put significant pressure on Baden-Clay.

“What was going to happen if Allison Baden-Clay found out [about the affair] for a second time?” Mr Fuller said.

“He tried to live without Toni McHugh and couldn’t do it. He had to have her back in his life.”

He told the jury Baden-Clay may have felt he had no other choice but to kill his wife.

“This was a man who was having to deal with the consequences of his own actions, over a long period,” Mr Fuller said.

“Perhaps he felt he had no other choice. No other choice than to take his wife’s life.

“That’s not to say it was premeditated. But when a decision had to be made, that decision was made.

“And consistent with how he behaved in his relationship up to that time with both of these women, calmly and rationally decided to cover it up.”

Mr Fuller also ran though the actions of Baden-Clay on the morning of his wife’s disappearance.

“Gerard gets up, checks emails, then begins a series of calls and texts to Allison almost straight away. Gerard doesn’t bundle his children in the car and go looking. He calls his parents.

“Within 25 minutes he calls the Indooroopilly police.”

He also said Baden-Clay did not tell police of his concerns regarding Allison’s mental health, “yet in this trial her mental health is amplified out of proportion to justify what Baden-Clay did”.

Judge begins summing up the ‘circumstantial’ case

Justice Byrne began his directions to the jury explaining the legal process and advising them there was no burden on Baden-Clay to establish any fact, let alone his innocence.

“He is presumed to be innocent. The burden rests on the prosecution to prove the guilt of the accused. If you are left with a reasonable doubt about guilt, your duty is to acquit,” Justice Byrne said.

“If you are not left with any such doubt, your duty is to convict.

“This is a circumstantial case. Both direct and circumstantial evidence are to be considered. It is not necessary that facts be proved by direct evidence.

“To bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence it must not only be a reasonable inference, it must be the only reasonable inference.

“You do not have to believe the accused told you the truth before he is entitled to be found not guilty. Baden-Clay’s decision not to provide a formal statement to police is not evidence against him.”

Justice Byrne told the jury that although the indictment charge was murder, they could consider a charge of manslaughter as an alternative.

“Were you to find the accused not guilty of murder, you would consider whether he is guilty or not guilty of manslaughter,” he said.

Justice Byrne also told the jury to consider the difficulty of witness recollections two years after the event, and cautioned about things allegedly said by the deceased.

The jury will have transcripts of witness testimony to take into their deliberations.

Justice Byrne will continue his summing up tomorrow before the jury are expected to begin their deliberations.

 

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