What a turn up-Matthew Leveson’s former partner Michael Atkins helping in search for body

The partner of missing Sydney man Matthew Leveson is assisting police in a search for a body at the Royal National Park, south of Sydney, police have confirmed.

Michael Atkins, 53, has been helping police with their inquiries since Friday after being compelled to give evidence at an inquest.

Mr Leveson, 20, was last seen outside Sydney nightclub ARQ with Mr Atkins on the night he disappeared.

His body has never been found.


Matthew Leveson’s former partner Michael Atkins helping in search for body

3.16pm 10/11/16

The partner of missing Sydney man Matthew Leveson is assisting police in a search for a body at the Royal National Park, south of Sydney, police have confirmed.

Michael Atkins, 53, has been helping police with their inquiries since Friday after being compelled to give evidence at an inquest.

Mr Leveson, 20, was last seen outside Sydney nightclub ARQ with Mr Atkins on the night he disappeared.

His body has never been found.

In February 2012, a $100,000 reward was announced for information leading to the discovery of Mr Leveson’s body.

In 2009, Mr Atkins was acquitted of murdering his former partner after a trial during in which he exercised his right to silence.

This morning, he was due to resume giving evidence for a sixth day at an inquest in Sydney but the hearing was adjourned until 2:00pm.

It is believed homicide detectives have been negotiating with Mr Atkins and his lawyers since Friday.

Deputy state coroner Elaine Truscott compelled Mr Atkins to give evidence and granted him immunity from prosecution, which means any evidence he gives cannot be used against him in a criminal trial.

Police said detectives received information that led them to the Royal National Park this morning.

An extensive search is being conducted of the area and a crime scene has been established.

Police have cordoned off an area of bush about four kilometres from the Waterfall entrance to the Royal National Park.

At least four detectives are on site and a forensics van is parked on the side of the road.

A bushwalking track is inside the crime scene area.

Mr Leveson’s parents Faye and Mark Leveson spoke briefly outside Glebe Coroner’s Court.

“I’m sorry but for the time being, we just can’t talk to you. The police have asked me not to say anything at this stage, we’ve got to respect that,” Mr Leveson said.

“So please understand and be patient, when we can talk to you, we will, but for right now we just can’t say anything. So thank you all for your interest … it’s really appreciated.”

Atkins apologised to Mr Leveson’s parents during inquest

During the inquest, Mr Atkins apologised to his missing partner’s parents “for their loss” while answering questions about Mr Leveson’s presumed death.

Mr Leveson’s parents stood with their arms wrapped around each other facing Mr Atkins as he gave evidence.

Counsel assisting the inquest Lester Fernandez asked Mr Atkins to address the Leveson family.

Mr Atkins told the family he was sorry for their loss but said he did not kill Mr Leveson.

More on this story:

Michael Atkins tells police where he buried Matthew Leveson’s body

A MAN acquitted of murdering his young lover has told police where he buried the body.

Detectives have spent two days at the Royal National Park south of Sydney with electrician Michael Atkins as he has finally broken his silence on what happened to the body of Matt Leveson, 20, and has taken police to his possible grave sites.

Police have also requested help from the rescue squad to provide a drone to help search the rugged bushland.

Matthew Leveson was last seen in 2007. Picture: supplied

The inquest into Matt’s disappearance in 2007, after he left a Sydney nightclub with Mr Atkins, has been adjourned today pending the shock development.

Matt’s family, Mark and Faye Leveson, were with their other two sons at Glebe Coroners Court today as they waited for the news they had hoped for — where their son’s body is so they can bring him home to bury him.

Mr Atkins was acquitted in 2009 by a jury of the murder and manslaughter of Matt, with whom he lived at Cronulla.

Parents of Matthew Leveson, Faye and Mark, at the Coroners court in Glebe today. Picture Renee Nowytarger

He was compelled to give evidence at the inquest but given immunity from prosecution if he told the truth at the inquest into what happened to Matt — but on Friday he admitted to having lied to the court about his police interview.

SEPTEMBER 23, 2007

Matthew Leveson was last seen leaving ARQ nightclub at Surry Hills about 2am

SEPTEMBER 25, 2007

Matthew Leveson, aged 20, reported missing by concerned relatives after he failed to arrive at work and could not be contacted.

SEPTEMBER 27, 2007

Matthew Leveson’s car found by police at Waratah Oval in Sutherland.

OCTOBER 2009

Michael Atkins acquitted by a jury of Mr Leveson’s murder and manslaughter

FEBRUARY 2012

A $100,000 reward was announced for information leading to the discovery of Matthew Leveson’s body.

TODAY:

Police have launched a search in the Royal National Park, south of Sydney, in connection with an ongoing investigation into missing man Matthew Leveson.

It is understood that police used Mr Atkins confession to having lied as leverage to get him to confess to where Matt’s body is.

He had told police when he was interviewed after Matt’s disappearance, he claimed to have been asleep in the couple’s flat and woke up to find Matt missing but he was confronted with CCTV footage of him buying a mattock and duct tape at Taren Point Bunnings.

CCTV footage of Michael Atkins leaving the cash register at the Bunnings Store at Taren Point.

The receipt for the purchase with Mr Atkins fingerprint on it was found in Matt’s car which was discovered at Waratah Oval five days after he disappeared.

Mr Atkins had first told the inquest last week that he had told police the truth in the interview.

Then on Friday he admitted that he had lied to them because he was “scared” of them — and therefore lied to the inquest.

Police have today launched a search in the Royal National Park in Sydney’s Sutherland shire.

  • Matthew Leveson: Michael Atkins loses appeal, must give evidence at inquest into lover’s death

    Updated 12 Oct 2016, 4:42pm

    Michael Atkins, who was acquitted of murdering his lover Matthew Leveson, must give evidence at a coronial inquest into the younger man’s death in 2007, a NSW appeal judge has said.

    Mr Atkins was the last person to see Mr Leveson alive,outside the Sydney nightclub Arq in September 2007.

    Mr Leveson’s body has never been found.

    Mr Atkins was later acquitted of murder and manslaughter.

    He exercised his right to silence during his trial in 2009 and is expected to give evidence about the matter for the first time.

    Deputy State Coroner Elaine Truscott ordered Mr Atkins to address the inquest, and he appealed against the order in the Supreme Court.

    In dismissing his case, Justice Lucy McCallum said:

    “The right to silence is, of course, important. But so is the coroner’s jurisdiction.”

    Under an order given by the coroner, Mr Atkins’ evidence cannot be used against him in a criminal trial.

    ‘We just want to bring Matt home’

    Mr Leveson’s mother, Faye Leveson, cried outside the Supreme Court and begged Atkins’ family to encourage him to reveal anything he knew.

    “It’s our world, it’s our family” she said.

    “How do you tell your other two boys, how do you tell them you can’t give them their brother back? It’s just not fair.”

    Ms Leveson said she hoped the inquest would help the family locate her son’s remains.

    “We just want to bring Matt home. That’s all we want,” she said.

    Mr Atkins will give evidence at the coronial inquest at Glebe Coroner’s Court on October 31.

    First posted 12 Oct 2016, 11:36am


    Matt Leveson inquest: Witness tells of threesomes with Michael Atkins, the man acquitted of missing man’s murder

    HIS arms around his young partner, this is Michael Atkins and Matt Leveson on their last night together.

     

    It was taken at Darlinghurst’s Arq nightclub in September 2007 and just hours later Matt, 22, would be missing and Mr Atkins, 52, would later be charged and acquitted of his murder.

    Their friend, given the pseudonym John Burns, has told the inquest into Matt’s death how he took this photograph at Arq either late on September 23 or early on September 24, 2007.

    It has been tendered to the inquest at Glebe Coroners Court today.

    Mr Burns told the inquest of his sexual threesomes with the couple.

    He said he only had sex with his friend Matt Leveson, 20, and Matt’s partner Michael Atkins, 52, because he wanted to get closer to Mr Leveson.

    Mr Burns is believed to be the last person to have spoken to Matt, albeit by text message, before he went “missing” after leaving Darlinghurst’s Arq Nightclub with Mr Atkins in the early hours of Sunday September 23, 2007.

    CCTV footage of Michael Atkins at Bunnings Store at Taren Point.
    Michael Atkins and Matt Leveson on the night before Mr Leveson went missing.

    Mr Atkins, who the inquest has heard lied to police about being at home later that Sunday when he was caught on CCTV buying a mattock and duct tape from Bunnings, was charged with Matt’s murder but acquitted by a jury in 2009.

    Mr Leveson’s body has never been found.

    Mr Atkins, now living in Brisbane, did not give evidence at his trial but he has been subpoenaed to give evidence at the inquest. He is sitting in a Sydney courtroom packed with Matt’s family and friends listening to the evidence of Mr Burns.

    Mr Burns told the inquest that Mr Atkins used to “hit on” the young men at Arq by giving them free drugs — ecstasy and GHB.

    He said the three men had sex together twice and after that, he noticed a difference in the relationship between Matt and Mr Atkins who had been living together in Mr Atkins’ Cronulla unit.

    He said Matt did not appear to want to be around Mr Atkins as much and there was an “obvious distance” between them.

    Mr Leveson was last seen leaving Arq nightclub.
    Matt Leveson who police believe was killed on in 2007, although his body has never been found.
    Michael Atkins arrives at Glebe Coroners Court in Sydney today for the inquest. Picture: Mick Tsikas

    On the evening of September 22, 2007, he met up with Matt and Mr Atkins at Arq where Matt was his usual energetic, happy self, bouncing around to the music, he said.

    The inquest has heard that Mr Atkins told police that he had take Matt home because he was sleepy but Mr Burns said Matt had told him he did not want to leave the nightclub.

    In one of a series of text messages, Matt told Mr Burns that Mr Atkins was “taking me home and won’t let me stay!”

    In another text, Matt said: “He needs to f***ing get over himself.”

    Mr Burns told the inquest that Matt had earlier told him that Mr Atkins was very controlling and he had not been able to go out on his own since their relationship began.

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Queensland murder trial of Gable Tostee over NZ tourist Warienna Wright’s death-Jury considers


Gable Tostee has been found not guilty of killing Tinder date Warriena Wright, who fell to her death from his 14th-floor apartment balcony on Queensland’s Gold Coast.

A Supreme Court jury had struggled to reach a verdict, but finally acquitted Mr Tostee of both murder and manslaughter more than 15 hours after beginning its deliberations on Monday.

Live rundown inside court

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Queensland’s biggest trial of the year will begin when Gable Tostee fronts the Brisbane Supreme Court charged with the murder of a New Zealand tourist.

See link below for original post

https://aussiecriminals.com.au/2014/08/14/gable-tostee-what-happened-to-warriena-tagpuno-wright/


THE jury in the Gable Tostee trial has asked whether language should be “considered as force” while deliberating the fate of the accused murderer.

The jury’s fourth note to Justice John Byrne was revealed this afternoon.

After Justice Byrne read out the note before the jury, he replied: “The short answer to the question is no”.

“Let me provide some elaboration so that you can be confident that I have addressed the concern that apparently prompts the question,” he said.

“The prosecution does not suggest that it can exclude any of the four defences raised for your consideration that concerned the use the force by the accused in reliance of what he said, as distinct from what he did, in the three particularised episodes.

“That is, the potential availability of the defences is concerned with the physical force used by the the accused in the three acts particularised not with any menace that might have been presented by the words the accused used that accompanied the use of force by him.”

The jury has retired again to deliberate.

EARLIER: The jury in the murder trial of Gable Tostee are entering their third day of deliberations after previously stating they were struggling to reach a unanimous verdict.

Tostee has arrived at the Brisbane Supreme Court this morning.

OVERNIGHT: JURORS in accused balcony ­killer Gable Tostee’s murder trial have been ordered to continue deliberating despite telling the judge yesterday they were unable to reach a verdict.

Justice John Byrne said discharging a jury was a last resort and told them to keep trying.

His direction came after they handed him a note saying they were struggling to reach a decision on Tostee’s innocence or guilt over the death of Warriena Wright, who plunged to her death from his Surfers Paradise high-rise balcony in August 2014.

It was the third note jurors had written to the judge since retiring about 12.30pm Monday.

The other notes related to questions they wanted clarified, including whether to take into ­account Ms Wright’s intoxication and state of mind before she climbed over his balcony and fell.

“I have a note indicating that so far you have not been able to reach a verdict,” Justice Byrne told the jury about 3.10pm yesterday.

“Let me say this, you are entitled to take as long as you wish to reach your verdict.

“I have the power to discharge you from giving a ­verdict, but I should only exercise it if I am satisfied that there is no likelihood of genuine agreement being reached after further ­deliberations.

“Experience has shown that juries can often agree if given enough time to consider and to discuss the issues.”

The jury spent an extra hour late yesterday trying to reach a verdict before asking the judge to send them home for the night.

They had earlier asked the judge to clarify several issues, including Tostee’s age, a long silver item he appeared to be holding as he exited a lift after Ms Wright fell as well as the role of her ­intoxication and state of mind.

In response to another question, Justice Byrne told the jury they must find Tostee not guilty of murder or manslaughter unless they were persuaded beyond reasonable doubt that he used more force than reasonably necessary to remove Ms Wright.

Justice Byrne said putting Ms Wright on to the balcony constituted removing her from the property under a homeowner’s right to eject a disorderly person.

He also repeated his advice on what the jury must find to prove manslaughter and murder.

Jury retires to decide Tostee’s fate

THE jury that will determine whether Gable Tostee killed his Tinder date Warriena Wright in August 2014 has retired to consider its verdict.

The judge presiding over the trial delivered his final directions to jurors this morning, before sending them out to consider their verdict shortly after 12.30pm.

Addressing jurors on a range of arguments that arose at trial, Justice John Byrne urged them not to consider Tostee’s conduct after Warriena Wright fatally plunged from his balcony as any indicator of guilt.

CCTV footage shown to the jury in the trial last week showed Tostee leaving his apartment building by the basement carpark, so as to avoid emergency services who had raced to the scene, in the early hours of August 8, 2014.

CCTV footage of Gable Tostee on the night she fell from his Gold Coast apartment.

CCTV footage of Gable Tostee on the night she fell from his Gold Coast apartment.Source:News Corp Australia

He was then also seen wandering aimlessly around Surfers Paradise for an hour and a half, stopping at one point to buy and eat pizza.

In his final address to the jury today, Justice Byrne said Tostee’s behaviour after Ms Wright died was irrelevant to their deliberations.

“It would be wrong for you to use any of the evidence of what he did as advancing the prosecution case for murder or manslaughter and I direct you not to,” he said.

Ms Wright plunged to her death from Tostee’s 14th floor Gold Coast apartment after Tostee locked her on his balcony.

She was attempting to climb to the balcony below when she fell.

Crown prosecutor Glen Cash argued the 26-year-old was fleeing in “abject terror” after Tostee strangled her inside his apartment. The alleged strangling happened after Ms Wright threw rocks at Tostee.

Gable Tostee leaves the Supreme Court in Brisbane. Picture: AAP Image/Dave Hunt

Gable Tostee leaves the Supreme Court in Brisbane. Picture: AAP Image/Dave Hunt Source: AAP

Defence barrister Saul Holt argued Tostee put an “increasingly erratic” Ms Wright onto the balcony, in a bid to de-escalate a violent situation that had erupted between the pair.

Tostee has pleaded not guilty to both murder and the alternative lesser charge of manslaughter.

Justice Byrne addressed the six men and six women of the jury on a range of issues, including whether or not Tostee intended to cause Ms Wright grievous bodily harm, which caused her to undertake the act that led to he death.

“The burden rests with the prosecution to prove the guilt of the accused,” he said.

“If you are left with a reasonable doubt, your duty is to acquit.”

He also reminded jurors their task was an intellectual one, not an emotional one.

“You should dismiss all sympathy and prejudice, no such emotion has any place in your position,” he said.

“You must approach dispassionately.”


Gable Tostee trial: After Tinder date died, Tostee ate pizza, phoned lawyer

Revealed: Timeline of the final moments

The timeline of the night Gable Tostee’s Tinder date fell 14 storeys to her death reveals the first phone call he made was not to triple-zero, but to a lawyer.

CCTV captures Tostee meeting Wright

Footage has surfaced of Gable Tostee meeting Warriena Wright for the first time only hours before the young woman plunged 14 floors to her death. Vision courtesy Nine Network.

CCTV footage played at Mr Tostee’s murder trial in the Brisbane Supreme Court shows he left the high-rise apartment via the basement car park just after Warriena Wright died in the early hours of August 8, 2014.

The 30-year-old did not call triple-zero, but instead paced around the Gold Coast entertainment precinct for an hour and bought pizza from a Cavill Ave shop, the jury saw.

Phone records tendered in court show the first call Tostee made that morning was to criminal law firm Potts Lawyers at 2.21am, about a minute after the 26-year-old New Zealander had fallen.

He also called his father Gray Tostee at 3.23am to pick him up, lamenting “why does this s— keep happening to me?”.

It was not until later in the car when Tostee exclaimed, “Oh my God, I hope she’s not dead.”

Mr Tostee and Ms Wright’s Tinder conversation tendered in court revealed the pair had a brief exchange of saucy messages before meeting in person.

The Supreme Court was on Tuesday presented with photos of Mr Tostee and Ms Wright taken on Mr Tostee’s phone the night Ms Wright died. Photo: Twitter/7 News

In their initial chat, Tostee told Ms Wright on the app, “You look delicious. I want to do dirty things to you.”

He also asked her whether she was a “freak in the sheets”.

Footage payed in court showed Gable Tostee walking around the Gold Coast entertainment precinct for an hour and ordering pizza after Warriena Wright fell to her death. Photo: Nine News

“Let’s get drunk together, I’m a pornstar after a few drinks!” Tostee said.

Ms Wright was in Australia for a two-week holiday to attend a friend’s wedding.

Mr Tostee leaves Brisbane Supreme Court after day three of this murder trial on October 12. Photo: Tammy Law

It’s not alleged Tostee threw or pushed her, but that he intimidated her so greatly she felt the only way she could escape was to climb down from the balcony after he had locked her out.

In an audio recording Tostee made on his mobile phone, which captured the moment Ms Wright died, he is heard telling his father he put her on the balcony because she was “beating him up”.

Forensic medical officer Nelle Van Buuren told the court Tostee had abrasions on his cheek, nose, shoulder and knee when he was examined on the afternoon of August 8 but was not able to say what caused them or how old they were.

What is thought to be Tostee’s blood was also found on a small, white decorative rock he claims Ms Wright threw at him, the court heard.

DNA expert Emma Caunt said a man’s DNA was found under Ms Wright’s fingernails but could not identify whose it was.

Neighbours have testified at the trial to hearing a woman’s terrified screams as well as a man and a woman arguing, before Ms Wright fell from the 14th floor and ricocheted off balconies below.

The prosecution case is expected to close on Thursday after a Gold Coast pathologist gives evidence.


Timeline of Warriena Wright’s final night

Based on CCTV and audio recording exerts tendered in murder trial

Thursday, August 7, 2014

8:46pm – Gable Tostee and Warriena Wright meet for their Tinder date on Cavill Ave, Gold Coast.

8:50pm – Mr Tostee buys a six-pack of beer from BWS.

8.53pm – They get into lift at his block of units. Last time Ms Wright is seen alive.

Friday, August 8, 2014

Mr Tostee starts recording audio on his mobile phone at 1.05am

2.14am – Mr Tostee: “You have to leave.” Ms Wright: “It’s all good.” Tostee: “You’re f—ing insane.”

2.15am – Mr Tostee: “You’re lucky I haven’t chucked you off my balcony, you goddamn little psycho b—-.”

2.17am – Mr Tostee: “I’m gonna let you go, I’m gonna walk you out of this apartment just the way you are. You’re not going to collect any belongings, you’re just going to walk out. I’m gonna slam the door on you. If you try to pull anything I’ll knock you out, I’ll knock you the f— out.”

Heavy breathing then crashing sound

2.20am – Mr Tostee: “You just don’t understand. Let go! You think if you hit me I’ll just fall down like in the movies?”

Ms Wright: (screaming) “No, no, no, no, no. Just let me go home.”

Mr Tostee: “I would but you have been a bad girl.”

Ms Wright: (screaming) “I want to go home, I want to go home.”

Distant scream followed by loud heavy breathing

2.22am – Mr Tostee: “Shit.” (call goes to voicemail) “Where the f— are my keys?”

2.23am – Gets out of lift on ground floor, paces around, goes back in.

2.25am – Gets out of lift in basement, leaves building via car park.

3.07am – Mr Tostee continues walking around Gold Coast entertainment precinct.

3.11am – Orders and eats pizza from Cavill Ave shop.

Mr Tostee calls father

Mr Tostee: “Hello dad, might have a bit of a situation … I locked her out on the balcony and I think she might have jumped. I’ve been walking around and there’s million cops around my building … I swear to god I didn’t push her. I just chucked her out on the balcony because she was beating me up … why does s— happen to me, I didn’t do anything wrong.”

3.44am – Mr Tostee picked up by father Gray Tostee in car.

Mr Tostee: “Oh my god, I hope she’s not dead.”

AAP


Gable Tostee trial: Supreme Court jury retires to consider verdict in murder case

Updated about 2 hours ago

The jury in the Gable Tostee murder trial has retired to consider its verdict.

Brisbane Supreme Court judge, Justice John Byrne, spent most of the morning summing up the evidence in the Gold Coast man’s trial.

Tostee, 30, has spent the past week on trial accused of murdering New Zealand tourist Warriena Wright, 26, in August 2014.

He has pleaded not guilty to causing Ms Wright to fall from his 14th floor Surfers Paradise apartment balcony.

The pair had been on a Tinder date at Tostee’s apartment, but became involved in a violent altercation.

Ms Wright was locked outside on the balcony shortly before she fell while trying to climb down.

Justice Byrne this morning told the jury the burden of proving the crime rested solely with the crown, and the defence had to prove nothing, let alone Tostee’s innocence.

“You may only draw an inference of guilt if it so overcomes any other possible inference as to leave no reasonable doubt in your minds,” he said.

“If you are left with a reasonable doubt about guilt your duty is to acquit, that is to find the accused not guilty.

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

“You should dismiss all feelings of sympathy or prejudice.”

He urged the jury to treat “context evidence”, such as CCTV of Tostee leaving his apartment via his basement or wandering the streets alone afterwards, with caution.

“It would be wrong for you to use any of the evidence of what the accused did over this period as advancing the prosecution case on murder or manslaughter.

Crown, defence offer closing addresses

The crown and defence delivered their closing addresses to the jury on Friday, both sides describing an audio recording of the night retrieved from Tostee’s mobile phone as the critical piece of evidence in the case.

Prosecutor Glen Cash QC argued while Ms Wright had probably unlawfully assaulted Tostee just prior to being locked out, his response was disproportionate and unlawful.

He said Tostee’s intimidating conduct left Ms Wright feeling like she had no means of escape other than scaling the balcony.

Mr Cash said the “panic and desperation” in Ms Wright’s voice moments before she fell “[spoke] more powerfully than [he] ever could about the cause of her death”.

But the defence argued the crown case was “nonsensical”, and Ms Wright, who had been erratic and “out of control” during the evening, had essentially decided to “climb to certain death”.

Barrister Saul Holt QC said Tostee had ordered Ms Wright to leave his apartment via the front door, but she hit him with the metal part of a telescope, after which he grabbed her and put her behind the “nearest lockable door”.

He said Ms Wright climbed over the balcony railing just seconds after, something that was neither rational nor reasonably foreseeable.

Mr Holt told the jury it was irrelevant whether they thought it was “weird” or morally questionable for Tostee to record the date, “but thank goodness he did


Court released original Tinder exchanges today. here is how they hooked up

Tostee and Wright’s Tinder exchanges

Tinder messages sent between Gable Tostee and Warriena Wright between August 1-7.

Note: Warriena uses the name “Cletus” in some online profiles.

Tostee: Hey you sexy slack jawed yokel

Warriena: Lol Hey. Had a few people (think) that’s my real name…

Tostee: Is it? Gable and Cletus sitting in a tree…

Warriena: Sounds good lol

Tostee: You look delicious. I want to do dirty things to you

Warriena: That usually work?

Tostee: Haha, not trying to make anything “work”, I’m just saying. Got a problem with that? :p

Warriena: Lol fair enough. I was just asking :p

Tostee: So you’re down with that then? Can you be a freak in the sheets Cletes? (sic)

Warriena: Lol probably not. Depends.

Tostee: What does it depend on?

Warriena: What I’ve had to drink! Lol.

Tostee: Let’s get drunk together, I’m a pornstar after a few drinks!

Warriena: Hah that’s great…

Warriena: U in gold coast?

Tostee: Yup you?

Warriena: Yeah. Just exploring surfers

Tostee: Lol I live in surfers. How long you down for?

Warriena: Till Monday

Tostee: Let’s get together then 🙂 what’s your number by the way?

Warriena: (provides phone number)


Quotes and description from recording of Tostee and Ms Wright:

1:06am Ms Wright: “I know you want to kill me because you told me so.”

1:08am Tostee says he does not think there is anything after death. Tostee: “Throw me off the balcony and that is it. This is it, boom.”

1:19am Music still playing in the background and soft sounds of groaning in background.

1:21am Ms Wright: “You do have to do shit to me.”

1:23am Tostee: “Ow.”

1:29am Tostee: “I don’t like getting beaten up.”

1:36am Tostee: “There is a tonne of your stuff here. Hey I didn’t say you have to leave, I said that you have to stop beating me up.” Heated conversation.

1:36am Ms Wright: “…I will f***ing destroy your jaw. It is not f***ing funny.”

1:38am Tostee: “I should have never given you so much to drink. I thought that we were going to have fun?”

1:39am Tostee: “I don’t deserve this shit, OK. I am a nice f***ing guy.

1:39am Tostee: “Do you even remember what you were doing to me half an hour ago? You were beating me up for no reason.”
Ms Wright: “Exactly.”
Tostee: “You thought it was funny or something. Why were you beating me up?
Ms Wright: “I am gone, I will be out of your hair see you later. I am going.” Ms Wright produces a phone, stating: “See you later.”
Tostee: “You are such a drama queen.”

1:41am Tostee asks if they can “sit down and discuss this”. Ms Wright says she is a freak. Tostee says he is going to have bruises, asks Ms Wright to stay the night. Tostee says he is the most tolerant person she would meet, “but you are just a bit violent”. Tostee offers to cook something, asking Ms Wright if she wants something to eat.

1:48am Ms Wright: “Don’t be a dick, don’t be a dick.”

Tostee: “I’m not being a dick.”
Ms Wright asks if she can go over to the window and have a look.

Tostee: “Don’t jump off or anything.”

Ms Wright: “No.”

2:10am Sounds of a struggle and ruffling sound of recording device.
Ms Wright: “That really hurt my vagina.” More struggling and male laughter.
Ms Wright: “You sound like a faggot.”

2:12am Tostee: “All right I give up, what do you want?” Loud bang. Tostee: “Ow.”

2:14am Tostee: “You are not my kind of girl. That is enough. You have worn out your welcome. You have to leave.”
Ms Wright: “OK, it’s all good.”
Tostee: “You have to leave.”

2:15am Tostee: “I thought you were kidding and I have taken enough. This is f***ing bullshit. You are lucky I haven’t chucked you off my balcony you goddamn psycho little bitch.”

2:17am Tostee: “You’re a goddamn psycho. I am going to let you go. I am going to walk you out of this apartment just the way you are. You are not going to collect any of your belongings you are just going to walk out and I am going to slam the door on you do you understand. If you try and pull anything. I’ll knock you out. I’ll knock you the f*** out. Do you understand? Do you understand? Do you understand?”

Tostee: “Come on Get up. Get up.”

Ms Wright: “I am so sorry.

Tostee: “I don’t care … you don’t understand do you? You don’t understand anything at all, do you? You don’t understand, do you?” Sounds of a struggle. Tostee: “Let go. You think that you hit me and I was going to fall down like in the movies. Let go of it. Let go. Let Go. Let go.”

2:19am Sounds consistent with door unlocking and then female states “No”. Possible sound of glass door being hit.

2:20am Tostee: “Who the f*** do you think you are? Hey?”

Ms Wright: “No, no, no … No! No, no. No.”

Tostee: “You tried to kill me huh? Well why did you try and hit me with that. Huh? Shut your filthy mouth.”

Ms Wright: “No. No. No No. No (screaming).”

Tostee: “It is all on recording you know. It is all being recorded.”

Ms Wright: “No, no, no, no, no, no, no, no, no, no, no, no. Just let me go home.”

Tostee: “I would but you have been a bad girl.”

Ms Wright: “Just let me go home. Just let me go home. Just let me go home. Just let me go home.”

2:21am Faint screaming detected. Tostee heard breathing very heavily. He makes a call on his mobile phone. Tostee: “Shit.”

2:22am Tostee: “Where the f*** are my keys?”

The Gold Coast man is accused of killing Warriena Tagpuno Wright, who he met on the dating app Tinder while she was visiting Australia.

Gable Tostee arrives at Southport court in September 2015.
Gable Tostee arrives at Southport court in September 2015. Photo: Chris Hyde

Ms Wright was on a two-week vacation to attend a friend’s wedding and met Tostee, a carpet layer, at the end of her trip.

The 26-year-old was found dead at the base of the high-rise Avalon Apartments unit in Surfers Paradise in the early hours of August 8, 2014.

Warriena Wright met Gable Tostee on an online dating site while visiting the Gold Coast.
Warriena Wright met Gable Tostee on an online dating site while visiting the Gold Coast. Photo: Supplied

She had fallen from the 14th floor balcony of Tostee’s unit.

Tostee was arrested at his parents’ house and charged with murder the following week.

He has pleaded not guilty and will be represented by high-profile barrister Saul Holt QC.

The Brisbane Supreme Court is expected to be packed on Monday morning when the trial starts before Justice John Byrne.

It is expected to take seven to eight days.

AAP


Warriena Wright’s final tragic hours

Gold Coast Bulletin

THIS is the alleged recording of Gable Tostee and Warriena Wright’s final hours together in his Surfers Paradise apartment.

WARNING: Content may distress.

THE NIGHT TOGETHER

12.56.30am: Music heard. It is James Blunt’s Nights Like These.

12.57am: Male: “Don’t go baby, please.”

12.58am: Drinks poured.

1.02am: Male asks female to come here and chill and have a drink. Repeats to chill, have a drink. Male says that everything on him is good looking. Female: “I am psycho drunk and not to test her.”

1.03.30am: Male: “Shut up or I will make you come again. Female: “Shut up or I will beat you up. You look like Sam.”

1.05.30am: Male: “Do you want to come to my work tomorrow?” Female: “Do you want to come to my family tomorrow?”

Male: “You can help me lay carpet. You can help me tell my mum I am not a loser …”

1.07am: Female: “I know you want to kill me because you told me so.” Reference to dying from smoking.

1.08am: Further conversation about galaxies and travel to Alice Springs. Conversation about religion and gods.

1.09am: Male says that he “doesn’t think there is anything after death”. “Throw me off the balcony and that is it. This is it, boom.”

1.12am: Male: “Don’t touch them. You love them rocks.” Female: “Are you a god?” Male replies that yes he is. He is Zeus. He tells her to relax.

1.13am: Female says she is talking about gods. Male says there are no gods. She again calls him Zeus.

1.14am: Female says she is going to go vampire on his ass. Conversation about Reza. Male: “Stay right there.”

1.15am: Female: “You are dead and I hate you.”

1.16am: Conversation about her dead dog.

Male: “Don’t hurt me, I am defenceless.”

1.19.30am: After minutes of laughing and hitting in the background, male is heard to say “Ow”.

1.20.30am: Music still playing in the background amid soft sounds of groaning.

1.26.30am: Male: “I should walk you home.”

1.27am: Male: “Stop that.” Female: “Oh my god you are like a Christian.” Further inaudible conversations.

1.28.30am: Female: “Don’t be a (expletive) to me.” … Inaudible conversation … Male: “I don’t want to like have to muscle you.”

1.29.30am: Male: “Just relax.” … Inaudible conversation … “I don’t like getting beaten up.” … Inaudible conversation.

1.31am: Male: “Just be nice.” Inaudible conversation. Conversation is calm.

1.33.30: Male: “Come here.” Female: “Have a good night.” Male: “Do you want me to walk you back home.” Moves closer to the recording device. Sounds of ruffling and female is heard to say “have a good night” and male states “no (inaudible) I’ll take care of you in the morning.”

1.35.30am: Music stops.

HEATED ROW:

1.36am: Female: “Where is my sister’s (expletive). Where is all my (expletive) data? Where is my iPhone?” Male: “Do you want me to ring it?” Female: “Yes, I would love you to (expletive) ring it.”

1.36.30am: Male: “There is a ton of your stuff here. Hey I didn’t say you have to leave. I said that you have to stop beating me up.” Heated conversation.

1.37am: Female: “Are you going to (expletive) untie me because I will (expletive) destroy your jaw. It is not (expletive) funny.”

Female: “Get it for me. Male: “No, you get it.” Female: “I am going to call the police.”

1.37.30am: Repeats she is going to call the police.

1.38am: Male: “Cmon Cletus.”

1.38.30am: Female: “I am going to call the police.” Male: “What are you looking for? Where is my money. How are you going to call the police without your phone?”

Female: “You stole my (expletive) phone.” Male: “I should have never given you so much to drink. I thought that we were going to have fun?”

1.39am: Male: “I don’t deserve this (expletive), OK. I am a nice (expletive) guy.” Sound of a beep (phone).

1.39.30am: Male: “Your phone must be out of battery” … “it must be out on the balcony.”

Male: “Please calm down please. You have had too much to drink. I had (expletive) loads of money.” Female states that she “(expletive) rules in New Zealand but she gets taken advantage of. It is not (expletive) funny”.

1.40am: Male: “Do you even remember what you were doing to me half an hour ago?

“You were beating me up for no reason.” Female: “Exactly.” Male: “You thought it was funny or something. Why were you beating me up?” Female: “I am gone. I will be out of your hair, see you later. I am going.” Then produces the phone. Female: “See you later.” Male: “You are such a drama queen.”

1.40.10am: Call to deceased, six seconds.

1.41am: Male asks if we can sit down and discuss this. Female says she is a freak. Male says that he is going to get bruises. He asks the female to stay the night and says he is the most tolerant person he would meet, adding “but you are just a bit violent.” Male offers to cook something. Male again asks if she wants something to eat.

1.45am: Male asks how long the female is living on the Gold Coast. Female: “Geez, god didn’t want me here for long, he has kicked me out already.”

1.45.30am: Female says that “Myjambu did not say anything.” Male asks if it is a Maori god. Calm conversation.

1.46:30: Conversation about Procifany and Greek gods and mythology.

1.48am: Female asks if she can go over to the window and have a look. Male: “Don’t jump off or anything.” Female: “No.” Further inaudible conversation.

1.49am: Male says people with white coats are going to come in and the states that she would jump off the balcony. He says he is totally flattered that his vodka has had this effect on her.

1.49.30am: Male: “Just come here, I just want to cuddle you. Male states I just want to snuggle you. Door shuts and possible toilet seat going down. Possibility that female is in the toilet.

1.51.am: Male whispers into the recording device, “God help me, (expletive).”

1.52.30am: Female calls male a social demon.

1.53am: Male asks if she got the photos he sent her. “Our balcony photos. You are so much more drunker than me. I need to catch up.”

1.53.30am: Ruffling sounds. Drink poured. Male: “That is like vodka on the rocks. That is yours.

1.56.30am: Female: “That is horrible. I am going to leave that there.”

1.57am: Male states that his mum is in Adelaide because his pa died. Died of cancer. Conversation about male finding out about his pop dying.

1.57.30am: Doesn’t think he has been so sad before.

2.02.30am: Female: “UK men are funnier and have bigger (expletive).” Male: “Not bigger than mine.” Conversation continues. Male asks if his is the “biggest”.

2.03.30am: Male: “Hey hey hey, no violence.” Then laughs and says “What are you doing Cletus?” and “enjoy that”. Female: “Cheers.”

2.05.30am: Male tells “Cletus to chill out”. He says “it is not cool here and he will fix that (expletive)”.

Possible pouring, drinking. Male asks to promise that she does not beat him up. Asks her to sleep next to him.

2.09am: Male states that if she “was going to go all kung fu on me then I will kick your (expletive)”. Calm conversation.

2.11am: Sound of a struggle and ruffling sound of recording device. Female: “That really hurt my vagina.” More struggling and male laughing, to which female replies: “You sound like a (expletive)”.

2.12am: Male states she is insane. Sounds of background clicking. Male: “They are not real they are only fake.”

2.12.30am: Male: “Who is Sam.” Says “ow” again, before “I’ll bow down to Sam. I will do what you want. I will be your sex slave (possibly having rocks thrown)”.

2.14am: “That is enough.” Female: “No seriously, I have to have a (expletive).”

Male: You are not my kind of girl. That is enough. You have worn out your welcome. You have to leave. Female says OK, it is all good. Female out of breath. Male states ‘you have to leave’. Female replies ‘OK. It’s all good’. I thought you were a nice girl.

2.14.30am: Male says — Yeah it is you are (expletive) insane.

CHOKING SOUNDS AND THE FATAL PLUNGE

2.15am: Male states I think you are kidding but you are not. Go on right now. Male states — I do need a sample of DNA.

2.15.30am: Male states — I thought you were kidding and I have taken enough. This is (expletive) (expletive). Male states — you are lucky I haven’t chucked you off my balcony you god damn psycho little (expletive). Male states — who the (expletive) do you think you … I am. Yeah do your Muay Thai now.

2.16am: What. What — got something to say- say it. Female breathing heavily. Female states (unintelligible) sexist. Male relies yeah right. I am the one who is injured. You don’t have a god damn scratch on you.

2.16.30am: Male states I thought that you were just playing around but I am (expletive) sick of this (expletive). You’re a god damn psycho. I am going to let you go. I am going to walk you out of this apartment just the way you are. You are not going to collect any of your belongings you are just going to walk out and I am going to slam the door on you, do you understand? If you try and pull anything. I’ll knock you out, I’ll knock you the (expletive) out. Do you understand? Do you understand? Do you understand?

2.17.30am: Cmon, get up. Get up. Female states — I am so sorry. Male states I don’t care. Struggling — male — you don’t understand do ya. You don’t understand anything at all do you. Struggle. Male states ‘let go’. You think that you hit me and I was going to fall down like in the movies. More laboured breathing sounds. Male states let go of it. Let go. Let go. More choking sounds.

2.18am: First choking sounds.

2.18.30am: Still laboured breathing sounds. Breathing slows. Male: “Let it go.”

2.19.30am: Sound of something dropping (metallic)

2.20am: Sound consistent with door unlocking. Female: “No.” Possible sound of glass door being hit.

2.20.30am: Male: “Who the (expletive) do you think you are? Hey?” Female: “No, no, no.”

Male: “You tried to kill me huh?” Male: “Well, why did you try and hit me with that. Huh? Shut your filthy mouth.”

Female: “No, no, no, no, no. (Screaming).”

Male: “It is all on recording you know. It is all being recorded. Female: “Just let me go home.” Male: “I would but you have been a bad girl.” Sound of door sliding shut.

2.21am: “Just let me go home. Just let me go home.” Last words of “just let me go home”. Male heavy breathing. Faint scream detected.

2.21.30am: Very heavy breathing from male.

In documents filed ahead of Gable Tostee’s Supreme Court bail application on Monday, police claim Warriena Wright struggled for breath and was taunted in the seconds before her death.

2.21.50am: Male makes call to lawyer Mick Purcell. Call made from handset. “(Expletive).” Call not connected.

2.22am: Male: “Where the (expletive) are my keys?”

2.23am: “Expletive, expletive, expletive.”

2.23.30am: “Oh my god.” Sound of getting dressed, pulling jeans up.

2.26am: Sound of sirens in the background.

2.26.30am: Sound of lift button.

2.28.30am: Walking noises. Footsteps.

2.39.30am: Walking stops.

2.24.13am: Call to deceased.

2.42am: Walking starts again.

2.47am: Call to Purcell.

2.49am: Screen shot taken of phone with images of deceased. Call to deceased.

3.10.30am: Male: “Um a piece of supreme please.”

3.11.30am: Paper rustling. (Eating pizza).

THE PHONE CALL

3.23am: Makes phone call. “Hello dad. I might have a bit of a situation. See um I met up with a girl for a date tonight and she started getting really aggressive. It was all right at first and like we, you know, had sex in bed and she kept drinking. We were both drinking and I think that she thought that it was like a joke or something and she kept like beating me up and whatever. It was cos she was really drunk and whatever and I like forced her out on the balcony and I think that she might have jumped off.”

Dad: “Oh no.”

3.23.30am: Male: “Like I have been walking around and there are a million cops around my building. I’m (expletive). I don’t know what to do.”

Dad: “Where are you? At your unit?”

Male: “I didn’t cause this, like I didn’t push her. There are a million cops in the area.”

Dad: “I’ll come and get you OK?”

Male: “It is really (expletive) up. I am like at Dominos. Dad, like this is not my fault.”

3.25am: Call continues … “I don’t know, like I tackled her on my floor inside the building and I never forced her over the balcony.”

Dad: I am sure you wouldn’t, mate.”

Male: I don’t know what the (expletive) happened, it is crazy. I swear to god I didn’t push her, I just chucked her out on the balcony and locked the door because she was beating me up.”

Dad: “I’ll come over now OK?”

3.29am: Call continues. Male: Hang on a sec. What the (expletive). What the (expletive) is this … you know how I said there was something in my pocket. Well it is her phone in my pocket.”

Dad: “Is it her phone?”

Male: “It is her phone, yeah … Dad like what happened was we were drinking and we got into bed together then and after that she just kept drinking and she just kept like I don’t know she was just like beating me up. She thought it was funny or something and I was just like tackled her in the middle of my apartment and I said that it wasn’t funny anymore and blah blah blah.

“Then when I let her go the last thing I remember was she was on the balcony and I don’t know if she jumped or what, I don’t know. It wasn’t my fault, it wasn’t my god damn fault.”

3.46.30am: Call made and connected. “Hey dad, are you nearby. I am seriously freezing.

Dad: “Not far away at all. Male: “Can you stay on the line?” Dad: Yep.”

3.47.30am: Sound of car door opening and seatbelt being placed on.

3.48am: Dad: “We need to ring (lawyer) Bill Potts. Male: “I didn’t do anything. Dad: “I understand. Um the only thing we can do is ring Bill Potts up now. You can’t do anything else but that but you need to do it straight away really. Can you find his number?”

3.48am: Male: “I wish that I had cameras in my unit. I have audio. I tried calling her phone.” Dad: “Don’t call her phone.”

3.49am: Call is made to phone and goes to message bank. Dad: “What are you doing, why did you do that?” Male: “I don’t know.”

3.50am: Call to deceased.

3.51am: “Why does this (expletive) always happen to me. I didn’t ask for this. I wasn’t doing anything wrong, I just invited the girl over. The more she drank …”

Dad: “Was she jealous or something?”

Male: “Me and her had sex and it was like the more that she drank she just got violent for some reason. Dad: “Did she want a more serious relationship or something?” Male: “No, she was like I know Muay Thai blah blah blah and I’ll beat you up for fun rah rah rah and I was like tolerating it for a bit and went ‘yeah stop that’. Last thing that I remember was that I tried holding her down and she ran out on to my balcony. I hope I just imagined it.”

3.51.30am: Call to deceased.

3.52am: I might have locked her out on my balcony cos there is like a lock. I can’t remember what I did but I absolutely did not throw her off my balcony. I would never do anything like that.”

3.52.30am: Dad: “We need to ring up Potts.” Male: “I don’t ask for this (expletive). Why does this (expletive) happen to me?”


Six selfies tendered to the Brisbane Supreme Court on Tuesday showed a smiling Warriena Wright and a shirtless Gable Tostee inside his Gold Coast apartment and gave no hint of the tragic events that were about to unfold in the early hours of August 8, 2014.

They were the last pictures taken of Ms Wright before she plunged to her death from Tostee’s 14th floor balcony.

The 30-year-old carpet layer has pleaded not guilty to Ms Wright’s murder.

Gable Tostee and Warriena Wright.Source:Supplied

Source:Supplied

Source:Supplied

Source:Supplied

Police seized the photos from a camera owned by Tostee that was located inside his apartment.

A witness told the court he witnessed the horror of Ms Wright’s death plunge after being alerted by her scream for help.

From his balcony on the 12th floor, Nick Casey looked up to see Ms Wright hanging over Tostee’s balcony, and tried to yell to her to climb back over.

“I heard her say, ‘I want to go home’, I heard her say, ‘help’ and at that point I said to her, ‘go back inside’ and it wasn’t long after that she fell,” he said.

“She fell straight past where I was standing on the balcony and ricocheted off a few balconies below us and kept going to the ground.”

The images were tendered after the jury in Tostee’s murder trial heard audio recordings the accused made which revealed Ms Wright’s terrified screams.

Tostee can be heard breathing heavily after Ms Wright disappears from his Gold Coast balcony.

He can also be heard attempting to make a phone call that goes unanswered.

He then apparently leaves the apartment building and calls his father, Gray, to come and pick him up.

“Hello Dad, I might have a bit of a situation,” he says.

After explaining what happened, he goes on, “She kept beating me up and whatever and, um, I locked her out on the balcony and I think she might have jumped off.

“There’s a million cops around my building, I’m f***ed.

“I don’t know what to do.

“I didn’t cause this, I didn’t push her or anything.

Warriena Wright. Picture: Police MediaSource:Supplied

Police re-enactment of the circumstances leading to Warriena Wright’s death. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP

“I’m just walking around the area and there’s a million cops around the area.”

Tostee sounds calm throughout the conversation with his father.

When the elder Tostee comes to collect him, he asks if he needs to go to hospital.

“Why,” his son asks.

“Well, it’s traumatic,” he responds.

Tostee explains to his father that he and Ms Wright had watched a movie and had sex throughout the course of the evening but that she drank heavily.

“The last thing I remember is trying to hold her down and she ran out onto the balcony. I hope I just imagined it,” he says.

“I might have locked her on the balcony … I absolutely did not throw her off my balcony. I would never do anything like that.”

Despite the police presence around his apartment building, Tostee apparently did not yet know Ms Wright had died.

“God, I hope she’s not dead,” he says. “What if she’s dead? What if she jumped?”

His father replied, “Don’t worry. There’s nothing you can do about that.”

“This is so f***ed up. Why has this happened to me,” he asks.

As he continually attempts to call his lawyer, Tostee can be heard fearing he does not have proof he did not push Ms Wright off his balcony.

“I do have photos of me and her, like, selfies. But I don’t know if I have any proof of her being aggressive,” he says.

“The truth comes out,” his father replies. “It will.”

The jury in the murder trial earlier heard the last chilling moments of Ms Wright’s life, as the accused killer allegedly locked her on his balcony after she was growing increasingly aggressive.

“No, no, no, no, no. I want to go home. Just let me go home,” she is heard saying on the audio.

“I would, but you’ve been a bad girl,” he replies.

Ms Wright’s screams pierced the courtroom, as she appeared to be begging for her life.

Tostee can be heard asking a slurring Ms Wright to leave his apartment, in an increasingly threatening tone.

“You goddamn psycho bitch. I’m going to let you go, I’m going to walk you out of this apartment, just the way you are,” he says.

“You’re not going to collect any belongings. I’ll slam the door on you. You’re not going to pull anything or I’ll knock you the f*** out.”

A muffled scuffle ensues between the pair, in which Ms Wright repeatedly cries, “no, no, no no” and “I want to go home. Just let me go home.”

The noise is silenced by the sound of a sliding door, which fits with the Crown’s contention that Tostee locked her on his 14th floor balcony.

Within moments, the 26-year-old had fallen to her death.

The prosecution alleges the 26-year-old was fleeing in terror from Tostee when she attempted to climb over this balcony to the one below.

Hairdresser Emily Ellis also watched from the 12th floor balcony as Ms Wright fell.

“She was in a hanging position but … I wasn’t able to make out what she was doing,” she said

“I said (to another person in the apartment) I couldn’t work out what she was doing, I said I don’t know what she’s doing and she fell.”

The trial continues before Justice John Byrne.

Police photograph of Gable Tostee’s 14th floor Surfers Paradise apartment. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP

Yesterday the first part of the explosive audio recording was played in court, capturing Ms Wright’s final hours in Tostee’s Gold Coast apartment.

It revealed the New Zealander was drunk, at times incomprehensible and repeatedly violent to the man charged with her murder.

“I’ve met some weird people on Tinder,” the 30-year-old murder accused was heard to say, as the drunk Ms Wright apparently swings in and out of violent episodes towards him.

The trial, before Justice John Byrne, is continuing.


AN EXPLOSIVE audio recording played in court that captured Warriena Wright’s final hours in Gable Tostee’s Gold Coast apartment has revealed the New Zealander was drunk, at times incomprehensible and repeatedly violent to the man charged with her murder.

“I’ve met some weird people on Tinder,” the 30-year-old murder accused is heard to say, as the drunk Ms Wright apparently swings in and out of violent episodes towards him.

The first part of the secret recording Tostee made of the 26-year-old New Zealander was played to the jury in his murder trial on Monday afternoon.

Ms Wright plunged 14 floors to her death off Tostee’s apartment on August 8, 2014.

The Crown has argued Ms Wright was fleeing for her life when she tried to climb down offTostee’s balcony to the level below and lost her grip. Images of a police re-enactment of Ms Wright’s legs dangling off the balcony were tendered to the court yesterday.

Tostee has pleaded not guilty to the murder charge.

A police re-enactment of the scene below Tostee’s apartment as Ms Wright tries to climb down.Source:Supplied

In the expletive-laden tape, which runs for more than three hours, Tostee is heard to repeatedly try to calm Ms Wright down as she becomes aggressive and lashes out at him.

At one point, she accuses him of stealing her phone.

“Where’s my f***ing s***? My f***ing data,” she says.

Asked what it looks like, she yells, “it looks like a f***ing iPhone”.

Ms Wright insists on leaving, but Tostee tries to stop her.

“I didn’t say you have to leave, I just said stop beating me up,” he said.

She asks him again where her things are.

“I will f***ing destroy your jaw. It’s not f***ing funny,” she says.

“Look that’s your stuff right there,” he replies.

“Get it for me. Get it for me. Get it for me,” she yells.

“I’m calling the police, get it for me. Get it for me now.

“I’m going to call the police and they are going to come here. I’m going to call the police … You stole my f***ing phone.”

“I didn’t,” he protests.

“I should never have given you so much to drink.

“I don’t deserve this s***, I’m a nice f***ing guy.”

Police photograph of Gable Tostee’s 14th floor Surfers Paradise apartment. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP

Ms Wright was on a two-week holiday in Australia when she matched with the then 28-year-old carpet layer, who lived in his father’s Surfers Paradise apartment.

The couple spent the evening of August 7 in the apartment, drinking and having sex, before a final confrontation was followed by Tostee locking her on his balcony.

Soon after, she plunged 14 floors to her death.

An audio recording of Warriena Tagpuno Wright reveals she was apparently drunk before she fell to her death of a 14th-storey balcony.Source:Facebook

The downstairs neighbour testified that she was woken by something that sounded like furniture being thrown around the apartment above her, before hearing a panicked woman crying, “No, no, no”.

She opened her own balcony door to see Ms Wright’s legs dangling before her, then watched in horror as she fell to the driveway below, clipping her balcony rail in the fall.

Ms Wright died of extensive head injuries.

The 30-year-old displayed no emotion in the dock of the Brisbane Supreme Court on Monday, as the audio of him and Ms Wright was played for the jury.

To the background sounds of James Blunt and Kanye West, among others, Tostee is heard to profess an apparently healthy self-confidence, when Ms Wright compliments his good-looking feet.

“I know, everything’s good looking with me,” he tells her.

“But I won’t look like that if you keep beating me up. I’ll look like tenderised meat.”

At one point, Ms Wright tells him the decorative rocks on his coffee table are gods, before apparently throwing them at him.

Police photograph of inside Gable Tostee’s apartment. Tostee is accused of murdering New Zealand woman Warriena Wright. Picture: AAP Image/Dan Peled/Queensland Supreme CourtSource:AAP

He tells her he gave her too much to drink, but it apparently does not dull his attraction to his Tinder date.

“I’m totally flattered my vodka has done this to you,” he says to her.

“You’re kind of mental but really cute in a way.”

As opposed to his date, Tostee sounds relatively sober, which he acknowledges.

“You’re so much drunker than me, I need to catch up,” he says.

The trial, before Justice John Byrne, is continuing.

Gable Tostee (Eric Thomas) appearing for the death of Warriena Wright. Picture: Annette DewSource:News Corp Australia

Gable Tostee: Screaming, shouts of ‘no’ captured prior to Warriena Wright’s balcony fall, court hears

Updated Tue at 4:38pm

Gable Tostee arriving at the Supreme Court for the opening day of his trial. (AAP: Dan Peled)

An audio recording of a fight between Gable Tostee and the woman he is accused of murdering includes noises “consistent with her being choked or strangled in some way”, a Brisbane court has heard.

Tostee today pleaded not guilty to murdering New Zealand tourist Warriena Wright on the Gold Coast in August 2014.

Ms Wright, 26, fell from a balcony located on the 14th floor of a Surfers Paradise apartment block.

Tostee, 30, was living in the apartment at the time.

The Supreme Court trial is underway after a jury was empanelled this morning.

Opening the crown case, prosecutor Glen Cash said Ms Wright and Tostee first made contact on the dating app Tinder on August 1, 2014.

They arranged to meet in Cavill Avenue on Thursday August 7 about 8:45pm, went to a bottle shop to buy beer and then went to Tostee’s 14th floor apartment in the Avalon building.

Mr Cash said the crown would allege that over the next few hours they drank alcohol and were intimate before an altercation occurred in the early hours of Friday morning.

He said a key piece of evidence was an audio recording of the events leading up to Ms Wright’s death, made on Tostee’s phone.

He said of particular interest was the altercation that happened prior to her being locked on the balcony.

Mr Cash said the recording would be played and included noises “consistent with her being choked or strangled in some way”.

The court would “hear noises of her screaming, shouting ‘no’,” he said.

“The defendant was inside the apartment having locked Warriena outside on the balcony.

“The defendant did not throw Warriena over the balcony, he did not push her over the balcony.”

Mr Cash said they would allege Ms Wright had no other means of escaping other than climbing over the balcony, and she fell to her death when she tried to do so.

Defence lawyer disputes choking claim

 Tostee’s barrister Saul Holt QC disputed the suggestion Ms Wright was choked or strangled.

He told the court there was no evidence this occurred, arguing Tostee had merely restrained Ms Wright in self-defence.

Mr Holt said during the altercation Ms Wright had become “increasingly erratic” and had thrown rocks at Tostee and hit him with a parts from a telescope.

Mr Holt said Tostee had repeatedly asked Ms Wright to stop and asked her to leave, and the recording would show that.

He said it was within the law for someone to use reasonable force to defend themselves or their property.

“It is a desperate tragedy that Warriena Wright died,” Mr Holt said.

“This is a case where what happened is relatively straightforward.”

More than 20 witnesses are expected to testify before Justice John Byrne.

Tostee was granted bail in November 2014 on the condition he lived with his parents, refrained from using online dating sites and received treatment for a diagnosed alcohol problem.


Woman and baby boy in 20th-floor death plunge-Murder Suicide

Woman and baby boy in 20th-floor death plunge: ‘Gut-wrenching scream’ as woman, 31, jumps from balcony of her luxury Melbourne apartment holding 4-month-old ‘believed to be her son’


Woman, child die falling from internal balcony from Docklands apartment

Police tape marks the scene where a woman and child died after a balcony fall in Melbourne’s CBD. Picture: Yuri Kouzmin

Wes Hosking, Anthony Dowsley

A WOMAN and a four-month-old baby have died after an apparent fall from an apartment balcony in Melbourne’s CBD.

The pair were found just after 10.30am in an apartment building at the corner of Bourke and Spencer Streets.

Family are at the scene with one yelling “oh no” when told of the news.

It is understood the woman, 31, plunged from a balcony high in the City Point building.

Police are with distraught family. The deaths are not being treated as suspicious.

The bodies of a woman and child were found just after 10.30am. Picture: Yuri Kouzmin

The bodies of a woman and child were found just after 10.30am.

The exact circumstances of where the child was are unknown at this point.

It is believed the woman may have been residing above 20th floor.

Paramedics entered the building to attend to someone who may have become distressed about 1.30pm.

Later, a family could be seen talking with police and social workers in the foyer of the building just before 2pm.

A priest earlier entered the building to console family, and the coroner is on the scene.

A senior police officer has told media they will not be making any comment about the circumstances surrounding the tragedy, but police confirmed the ages of the pair in a statement.

“A 31-year-old woman and a 4-month-old child were located deceased at an apartment building in Docklands this morning,” a statement read.

The Melbourne CBD location where a mother and child have died in a horror fall.

The Melbourne CBD location where a mother and child have died in a horror fall.Source:Herald Sun

The pair are believed to have fallen from an internal apartment balcony. Picture: Yuri Kouzmin

The pair are believed to have fallen from an internal apartment balcony.


A resident, Alex Champ, said he was unaware of the incident. He said families, children and travellers stayed in the high rise.

“You get all people and young ones (living here), he said. “There is an internal area where there is a drop.

“It’s just crazy to think it’s just a few floors above me.”

A small section of the east bound Bourke street lane has been reopened by police near where it meets Spencer St.

Police are working to identify the mother and child. Picture: Yuri Kouzmin

Police are working to identify the mother and child.

Police have been speaking to staff at the Chocolate Frog Cafe, which is in an older building which fronts the tall apartment complex behind it.

Earlier Victoria Police spokesman Alistair Parsons said: “Police are currently at an apartment building on the corner of Bourke and Spencer Streets in Docklands where a woman and a child were located.”

“The yet to be identified woman and child died at the scene,’’ he said.

“At this early stage it is believed they may have fallen from an internal balcony.”

The exact circumstances surrounding the incident were yet to be determined.

Police have cordoned off the area and are speaking to witnesses.

Paramedics were called to the area but could not assist the pair.

If you or anyone you know is struggling, please contact Lifeline on 13 11 14

The pair died near the corner Spencer and Bourke Streets. Picture Yuri Kouzmin <br />

The pair died near the corner Spencer and Bourke Streets.

Originally published as Woman, baby die in balcony fall


Woman and baby boy in 20th-floor death plunge: ‘Gut-wrenching scream’ as woman, 31, jumps from balcony of her luxury Melbourne apartment holding 4-month-old ‘believed to be her son’

 

  • Woman and baby plunged to their deaths from a balcony in Melbourne
  • The four-month-old boy is believed to have been her son
  • The father ‘collapsed in shock’ when he arrived at the Docklands building
  • Emergency services were unable to revive the woman, 31, and baby
  • The pair’s identities are yet to be determined as investigations continue

Witnesses heard a ‘gut-wrenching’ scream as a woman, 31, and a four-month-old baby boy died in an apparent murder-suicide when they plunged to their deaths from a balcony in central Melbourne.

The woman was carrying the baby, believed to be her son, when she took her own life at the City Point apartment building on the corner of Bourke and Spencer Streets in Docklands.

Police confirmed they were not looking for anyone else in relation to the deaths and a report would be prepared for the coroner

Witnesses heard 'gut-wrenching' screams after a woman, 31, and a four-month-old baby died when they plunged to their deaths from a balcony in central Melbourne. Police speak to a witness

Witnesses heard ‘gut-wrenching’ screams after a woman, 31, and a four-month-old baby died when they plunged to their deaths from a balcony in central Melbourne. Police speak to a witness

They say the pair fell from a balcony inside the 35-storey building about 10.30am on Thursday and died at the scene.

Police have also said a damaged balcony was not the cause of the woman and baby’s fall.

Their bodies were discovered in a courtyard of the building, where apartments have sold for more than $400,000.

The 31-year-old woman lived on the 20th floor with the baby boy’s father who is said to be devastated, according to Herald Sun.

He collapsed in shock when he arrived at the scene and was taken to hospital, 7 News reported.

Police are looking to establish if she had leapt to her death from a sixth-floor balcony, according to the ABC.

She is believed to have been holding the baby at the time.

Witness Christine Harms told The Age she heard someone yell out, ‘Oh no, oh no’, after the incident.

‘A lady went into the alleyway and then there was some screaming,’ Ms Harms said.

‘It was gut-wrenching to hear.’

The woman was carrying the baby when she took her own at the City Point apartment building on the corner of Bourke and Spencer Streets in Docklands. Pictured are police at the scene

The woman was carrying the baby when she took her own at the City Point apartment building on the corner of Bourke and Spencer Streets in Docklands. Pictured are police at the scene

Police say the pair plummeted from a balcony inside the 35-storey building about 10.30am on Thursday and died at the scene

Police say the pair plummeted from a balcony inside the 35-storey building about 10.30am on Thursday and died at the scene

Relatives and friends visited the apartment block early on Thursday afternoon.

A man who knew the woman said they were left shocked by the incident, adding: ‘We don’t know what happened.’

A Victoria Police spokesperson said initial investigations led them to believe the pair fell from an ‘internal balcony’.

‘The exact circumstances surrounding the incident are yet to be determined,’ she said.

Police were unable to confirm the relationship between the woman and baby.

Paramedics were also called to the scene but they were unable to revive the pair, a Victoria Ambulance spokeswoman told Daily Mail Australia.

More than a dozen uniformed and plain-clothed police and eight police cars closed off the scene – at one of Melbourne’s busiest intersections – with some taking bagged items out of the building.

Investigators started to leave shortly after 3pm and the footpath at the front of the building was reopened as police tape was removed.

Traffic detours were in place until about 1.30pm.

For confidential help, call Lifeline at 13 11 14 or Beyond Blue on 1300 224 636.

Pictured is an apartment inside the City Point building on Bourke Street

Pictured is an apartment inside the City Point building on Bourke Street

She reportedly lived on the 20th floor but police are looking into if she leapt to her death from a sixth-floor balcony. Above is an image of another apartment at City Point

She reportedly lived on the 20th floor but police are looking into if she leapt to her death from a sixth-floor balcony. Above is an image of another apartment at City Point

The foyer inside the City Point building, where apartments have sold for more than $400,000

The foyer inside the City Point building, where apartments have sold for more than $400,000

The family of the woman, who lived on the 20th floor, are said to be devastated by the tragedy. Pictured is the City Point apartment building

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

How is Gerard Baden-Clay able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death?


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

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

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

UPDATE 31/08/2016

Gerard Baden-Clay murder conviction reinstated by High Court

Updated 6 minutes ag

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

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

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

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

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

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

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

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

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

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

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

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

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

“The girls are certainly a tribute to them.”

Judgment cites ‘unintentional’ killing hypothesis

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

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

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

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

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

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

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

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

 

UPDATE 26/07/16

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

“No, I did not,” he replied.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


update 10/07/16

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

Updated Fri at 6:48pm

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

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

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

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

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

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

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

 


update 12/05/016

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

Updated 35 minutes ago

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

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

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

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

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

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

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

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

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

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

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

‘Let justice do its course’

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

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

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

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

 

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

In truth, he knew exactly where she was.

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

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

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

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

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

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

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

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

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

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

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

It was a time to try a change of tactic.

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

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

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

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

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

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

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

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


 

update 01/02/16

DPP appeals Baden-Clay downgrade

Published: 01 February 2016

baden

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

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

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

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

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

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

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

More to come.


 

 update 30/12/15

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

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

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

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

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

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

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

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

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

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

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

BADEN-CLAY: Case for murder revealed

 

FULL STATEMENT

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

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

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

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

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

Gerard Baden-Clay and the high bar for prosecution

Updated about 3 hours ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Major update 8th December 2015.

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

 What justice? There’s none for Allison

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Updated 22 minutes ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 FULL JUDGEMENT CAN BE READ BY CLICKING LINK BELOW

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


Appeal begins for Gerard Baden-Clay

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“And he’s panicked,” Mr Copley said.

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

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

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

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

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

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

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

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

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

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

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

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

“He stayed in the marriage.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

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

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

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

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

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

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

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

Michael Copley QC, representing Gerard Baden-Clay

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr Copley then moved on to financial pressures.

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

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

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

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

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

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

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

More on this story:

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

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering his wife Allison in April 2012.

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

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

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

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

    April 20, 2012

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

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

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

    April 22, 2012

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

    April 23, 2012

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

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

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

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

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

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

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

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

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

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

    April 24, 2012

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

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

    April 26, 2012

    A prayer vigil is held for Allison.

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

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

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

    April 27, 2012

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

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

    Emergency crews widen their search area.

    April 28, 2012

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

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

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

    April 30, 2012

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

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

    Investigators wait for formal identification.

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

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

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

    May 1, 2012

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

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

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

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

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

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

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

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

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

    May 2, 2012

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

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

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

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

    May 10, 2012

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

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

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

    May 11, 2012

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

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

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

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

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

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

    The cause of her death remains unknown.

    May 18, 2012

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

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

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

    May 25, 2012

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

    May 29, 2012

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

    June 13, 2012

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

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

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

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

    June 14, 2012

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

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

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

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

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

    June 22, 2012

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

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

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

    June 24, 2012

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

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

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

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

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

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

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

    September 3, 2012

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

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

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

    September 5, 2012

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

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

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

    December 14, 2012

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

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

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

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

    February 6, 2013

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

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

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

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

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

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

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

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

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

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

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

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

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

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

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

    His lawyer says he is determined to clear his name.

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

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

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

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

    December 19, 2013

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

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

    February 3-4, 2014

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

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

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

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

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

    June 2, 2014

    The pre-trial hearing continues.

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

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

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

    June 10, 2014

    The murder trial begins.

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

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

    July 9, 2014

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

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

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served
Flowers for Allison, may justice has been served

FORMER AFL player Nick Stevens has been granted bail just hours after being jailed for domestic abuse.

Ex AFL footy player Nick Stevens, A coward and certainly no real man NO EXCUSES EVER Big tough footy player thinks it is ok to thump his ex-partner around and abuse and harrass her over the phone and in person. Jailed for 8 pathetic months and walks out the door on bail after appealing.
I hope she is in a safe place. This could potentially end in another tragedy. Disgusting…

“The 34-year-old, who played 231 games for Carlton and Port Adelaide before retiring in 2009, told his former girlfriend he was going to kill her and her dad after smashing her face into a tiled kitchen wall, the court heard.”


NO EXCUSES EVER Big tough footy player thinks it is ok to thump his ex-partner around and abuse and harrass her over the phone and in person. Jailed for 8 pathetic months and walks out the door on bail after appealing.

I hope she is in a safe place. This could potentially end in another tragedy. Disgusting…

“The 34-year-old, who played 231 games for Carlton and Port Adelaide before retiring in 2009, told his former girlfriend he was going to kill her and her dad after smashing her face into a tiled kitchen wall, the court heard.”

Convicted AFL abuser Stevens bailed

Former AFL player Nick Stevens

A former AFL player jailed for domestic abuse has been granted bail after filing an appeal. Source: AAP

LAWYERS for the former Carlton star are appealing his eight month jail sentence and his conviction for bashing and threatening his ex-girlfriend.

Stevens, 35, was found guilty of smashing his ex-girlfriend’s face into a kitchen bench and threatening to kill her and her father. He will return to court in April.

His 12 charges include assault, intentionally causing serious injury, threatening to kill and threatening to inflict serious injury.
He also pleaded guilty to breaching an intervention order after sending 2,500 text messages to the woman. The former footballer was ordered to serve eight months jail time, a 12 month community corrections order and pay a $400 fine.
Stevens’ lawyers are also appealing the penalty for the intervention order breach. In sentencing Stevens earlier on Wednesday, Magistrate Nunzio La Rosa said he showed no remorse and wouldn’t hesitate to manipulate the victim both psychologically and emotionally. He said after police laid charges against Stevens, he twice called the victim and threatened her.


Nick Stevens, former Carlton and Port Adelaide player, jailed over domestic violence charges

Updated 59 minutes ago

Former AFL footballer Nick Stevens, who showed “no remorse” after bashing his former partner, has been released on bail after being sentenced to eight months in jail on charges relating to domestic violence.

Stevens was found guilty in January of assault, threats to kill and intentionally causing injury to his ex-partner while they were dating in 2012 and 2013.

The 34-year-old, who played 231 games for Carlton and Port Adelaide before retiring in 2009, told his former girlfriend he was going to kill her and her dad after smashing her face into a tiled kitchen wall, the court heard.

He also caused grazing to her face on a separate occasion by pushing her head into the outside wall of a house, and pushed and kicked her when she threw wine at him during a fight.

In sentencing, Magistrate Nunzio La Rosa said Stevens had shown no remorse for his actions.

The magistrate said the pair had lived together and loved each other but “violence by men against women, put in an intimate setting, is to be opposed in stern terms”.

“That your career has suffered there is no doubt, but there is no legal basis to differentiate him from others simply because they have more to lose or have lost more,” Mr La Rosa said.

Stevens’ lawyer launched an appeal against the sentence and the former AFL star was released on bail until the hearing in April.

Outside court Stevens told reporters he respected the court’s decision and had no further comment.

The Ringwood Magistrates Court previously heard Stevens had also breached an intervention order more than 2,500 times in two months, mostly in text messages to his former girlfriend.

Many of the messages were abusive and threatened self-harm, the court also heard.

Stevens pleaded guilty to breaching the intervention order.

He had been coaching SANFL club Glenelg but was sacked after being found guilty of the charges.