Police investigate into transgender woman’s killing by chef Marcus Volke


This terrible murder-suicide only gets more bizzare and disturbing, as police continue to investigate how it unfolded. It appears Volke killed and dismembered his shemale partner and was attempting to dispose of the remains by cooking the parts up. The apartment block had been reeking for days when police eventually were called to investigate.

Double life of a killer husband: ‘Chef’ who murdered transgender wife was really a male prostitute who hid job in brothel from family and worked under the name ‘Heath XL’

  • Husband Marcus Volke was secretly working as a male prostitute
  • He killed and then dismembered his transgender wife on Saturday night
  • The remains of Mayang Prasetyo were found in a Brisbane apartment
  • Volke is believed to have murdered then dismembered the 27-year-old
  • Media have previously reported Volke was a chef who worked on cruises
  • But a friend of the couple said the 28-year-old was a male prostitute
  • Volke and Ms Prasetyo met in 2009 while working at a Melbourne brothel 
  • Ms Prasetyo is known as Febri Andriansyah, according to her Indonesia passport

The man who is believed to have killed then dismembered his transgender wife in an horrific murder-suicide in a Brisbane apartment was secretly working as a male prostitute, it has emerged.

Friends revealed the truth about Marcus Volke’s double life and also criticised a Brisbane newspaper for its portrayal of victim Mayang Prasetyo.

Interior designer Alex Devantier, who knew the couple well, told Daily Mail Australia Volke had never worked as a chef but used it as a cover story to avoid telling his family and close friends the truth about his life as Heath the male prostitute.

Friends have revealed Marcus Volke (pictured here with Mayang Prasetyo) was a male prostitute, not a chef as previously reported

Friends have revealed Marcus Volke (pictured here with Mayang Prasetyo) was a male prostitute, not a chef as previously reported

Mayang Prasetyo was found dismembered in a Brisbane apartment she shared with her husband on Saturday

Parts of Ms Prasetyo's body were found strewn across the couple's new Teneriffe apartment

Parts of Ms Prasetyo’s body were found strewn across the couple’s new Teneriffe apartment

Ms Prasetyo, 27, was described as ‘happy, cheerful person’ and an ‘angel’ by friends.

Mr Devantier said that the front page headline featuring the term ‘shemale’ was extremely offensive to both her and the transgender community.

He asked The Courier Mail to donate profits from Tuesday’s edition to the Gender Centre – a not-for-profit which raises awareness of transgender issues – and Ms Prasetyo’s family.

Three days ago, parts of Ms Prasetyo’s body were found strewn across the couple’s Teneriffe apartment in Brisbane’s inner-city, with some cooking in chemicals on a stove.

Police arrived at the couple’s home after receiving reports from neighbours about a bad smell coming from the Commercial Road apartment on Saturday night, just weeks after they had moved to the Queensland capital.

Volke fled the scene and was later found in an industrial bin with his throat cut in nearby Dath Street.

It has also been revealed Ms Prasetyo travelled as a man named Febri Andriansyah on an Indonesian passport.

He advertised himself as a 'young sexy Australian boy, very friendly and easy going, discreet and professional'

Marcus Peter Volke, 28, slit his own throat as he fled the Brisbane apartment where he is believed to have dismembered his Indonesian wife

Marcus Volke’s emergency electrician call released

The 27-year-old was known as Febri Andriansyah, according to her Indonesian passport

The 27-year-old was known as Febri Andriansyah, according to her Indonesian passport

Interior designer Alex Devantier said Volke and Ms Prasetyo married in Europe in August 2013 

Interior designer Alex Devantier said Volke and Ms Prasetyo married in Europe in August 2013 

Volke and Ms Prasetyo met in 2009 while working at Melbourne brothel Pleasure Dome

‘They were leading double lives because of the lives they were leading,’ Mr Devantier said.

‘Marcus wouldn’t even tell his closest friends of the life he was leading.

‘They lied to their families, so their families didn’t realise what they were actually doing.’

In an online advertisement under the name Heath XL, Volke describes himself as a ‘young sexy Australian boy, very friendly and easy going’.

The ad went onto to say: ‘I can be your companion for an hour or as long as u want, for a dinner, a hot session, holidays or more’.

But Mr Devantier - who was close to the couple - has revealed Volke was a male prostitute

But Mr Devantier – who was close to the couple – has revealed Volke was a male prostitute

He worked under the name Heath and was registered as a private escort in Melbourne 

He worked under the name Heath and was registered as a private escort in Melbourne 

Mr Devantier met Volke and Ms Prasetyo – who were married in Europe in August 2013 – four years ago in Melbourne and introduced them.

He said the pair worked at Melbourne brothel Pleasure Dome in 2009 and were employed there as escorts for about two months.

‘Mayang left the agency because she was so popular that all the other transsexuals hated her and that’s why she asked me to build her own website to get away from those who were jealous of her achievements,’ Mr Devantier said.

‘They both went into private escorting. I actually helped Marcus register as a private escort in Melbourne and then with his advertising.’

Mr Devantier, from Townsville, said he was in shock over the tragedy.

‘I still don’t believe he [Volke] did it. I can’t believe he did it. If he did do it, sometimes you can’t judge it, you can’t pick it,’ Mr Devantier said.

‘They were a loving and beautiful couple, and never a bad word from either of them about each other.

‘I looked after Mayang’s escort website and I was in communication with her all the time.

‘There was never any hostility towards each other.’

Queensland Police removed a toxic-labelled container on Monday, following the discovery of Ms Prasetyo's body parts found boiling in chemicals in a Brisbane apartment on Saturday night

Queensland Police removed a toxic-labelled container on Monday, following the discovery of Ms Prasetyo’s body parts found boiling in chemicals in a Brisbane apartment on Saturday night

Emergency services remove her body from the DoubleOne 3 Apartments in Commercial Road

Emergency services remove her body from the DoubleOne 3 Apartments in Commercial Road

Queensland Police made the grisly discovery of a woman's body parts just after 9pm on Saturday night

Queensland Police made the grisly discovery of a woman’s body parts just after 9pm on Saturday night

Officers have spent

Officers have spent Saturday night at the two crime scenes trying to find out what led to the tragedy

Mr Devantier and Ms Prasetyo’s other friends have called on The Courier Mail to donate its profits from Tuesday’s edition which labelled the transgender escort as a ‘shemale’.

When he saw the front page of the News Corp newspaper, Mr Devantier said he was disgusted.

He has asked for the donation to be made to the Gender Centre, which helps raise awareness of transgender, issues and Ms Prasetyo’s family back in Indonesia for her funeral costs.

‘We need to make the community aware of the difference between a post-op and pre-op transgender person, a transvestite, a cross dresser, et cetera,’ he said.

‘[Ms Prasetyo’s] family have just lost their sole source of income and money for putting the family’s second eldest and third eldest child – both girls – through high school and that was who she was to them, the breadwinner.’

Mr Devantier also urged people to a sign a change.org petition asking for The Courier Mail to ‘publicly apologise for articles relating to Mayang Prasetyo’.

At the time of publication, the petition had amassed more than 15,000 signatures.

Mr Devantier said Ms Prasetyo – who was a pre-operation transsexual – was months away from becoming a woman anatomically.

‘She said she knew from 10 years old that she believed she was a woman and I believe she was not far from her goal – it would have been months,’ he said.

The grisly death is being treated as a murder-suicide after Volke fled the scene and was later found in an industrial bin with his throat cut

The grisly death is being treated as a murder-suicide after Volke fled the scene and was later found in an industrial bin with his throat cut

Ms Prasetyo's remains were found at an apartment on Commercial Road and Volke's body was found on Dath Street

Ms Prasetyo’s remains were found at an apartment on Commercial Road and Volke’s body was found on Dath Street

Tue 7 Oct 2014, 12:39pm

Detectives investigating the grisly murder of a transgender woman have returned to the Brisbane apartment where it is believed she was killed by her partner.

Police believe the Indonesian woman, Mayang Prasetyo, was killed and dismembered by her 27-year-old partner and chef Marcus Volke some time last week in the apartment in Commercial Road, Teneriffe.

Neighbours complained of a foul smell at the weekend and police were called.

When officers arrived at the apartment Volke fled through a rear glass door and leapt over a balcony, leaving a smear of blood on a fence.

Volke’s body was later found in an industrial bin where it is believed he took his own life.

When police returned to the couple’s apartment they found his partner’s remains.

Police would not confirm reports that Volke had been cooking a part of his girlfriend on a stove top when they arrived at the scene.

Investigators are also looking at security camera vision taken near the apartment complex to help shed light on the events of Saturday night.

Authorities were still trying to contact her next of kin and would not confirm her name.

It is believed Volke met Ms Prasetyo while working on international cruise ships.

‘No indication anything wrong’

On Monday the man’s mother, Dorothy Volke, said she had not met her son’s girlfriend.

Ms Volke said she had no indication anything was wrong with her son.

“I’m not sure what he was doing – last we knew he was working on boats,” she said.

She said she did not know what company he was working for.

“I don’t know, he jumped around,” she said.

Volke was originally from the regional Victorian city of Ballarat, where his funeral will be held.

Just a normal couple, neighbour says

Neighbours alerted the building’s manager to the stench on the ground floor on Saturday.

Courtney Reichart first noticed the smell on Wednesday when she returned home from work.

She said it had got worse each day and still remained.

“On Saturday when I came out for a walk, it made your eyes water, it made you want to be sick,” she said.

“The smell it was like as if somebody had put out some dog food or red meat and left it out for a few days.

“It makes you feel sick that that poor girl sat there for however many days and we’ve been walking past, living our lives and thinking ‘hmmm what’s that smell’, but you don’t put two and two together.

“You don’t think that a bad smell equals a murder.”

The apartment complex opened about two months ago, during which time Ms Reichart met the couple a number of times.

She said she had never heard arguments and the couple owned dogs.

“Just a normal couple,” she said, adding that the girlfriend was “gorgeous”.

“They seemed quite friendly.”

Volke critical of violence against women

Volke’s Facebook page revealed he was a vocal critic against those who committed violence against women and animals.

Less than a month ago he posted a link to a news article about a man who was bashed for standing up for a group of women who were being threatened.

He commended the man for being a “champion mate”.

In June he wanted offenders castrated when two Indian girls were hanged after being gang-raped.

Police have urged anyone with information to contact Crime Stoppers on 1800 333 000.


Brisbane deaths: Man found dead in bin after woman’s remains discovered at Teneriffe unit

Updated yesterday at 5:19pmMon 6 Oct 2014, 5:19pm

Teneriffe murder-suicide

Photo: A blood trail was left at the back of the apartment block and the man’s body was found inside a commercial rubbish bin in Dath Street. (ABC News: Dean Bilton)

A man was found dead in a bin a short time after fleeing from a unit where a woman’s remains were discovered, police said.

Detectives said the two deaths in the affluent Brisbane suburb of Teneriffe were being treated as a murder-suicide.

Officers went to the apartment building on Commercial Road at about 9:00pm on Saturday after neighbours reported a bad smell coming from a unit in the complex.

Police said when they knocked on the apartment door a man fled through a rear glass door and leapt over a balcony.

Blood stains were left on a fence where he jumped down to a laneway.

Officers later found his body inside a green commercial rubbish bin in Dath Street.

Meanwhile a woman’s body parts were found inside the apartment.

“Police attended to the units at 113 Commercial Road, Teneriffe, conducting a welfare check because management were concerned about the welfare of some occupants,” Detective Senior Sergeant Tom Armitt said.

“On attendance we’ve had cause to commence an investigation in relation to a murder-suicide.”

Nearby residents described a huge commotion as a large number of officers and dog squad units scoured the area.

Forensic experts have been carrying out examinations at both crime scenes.

Teneriffe has undergone major residential development in the past decade and attracts a large number of young professionals.

Neighbour heard ‘a commotion’

ABC journalist Dean Bilton, who lives nearby, said: “We told police we heard a commotion on Monday night.

“We think it was the apartment concerned. We weren’t sure whether it had been a party or an argument but it now seems like it might have been something more sinister.”

He said other people living in the building had noticed a bad smell for several weeks.

He also said he thought the man who lived in the apartment had two Bulldog puppies which had been heard barking loudly for much of the past week.

Courtney Reichart and her husband Alex, who also live in the building, said they noticed a smell in the basement last Sunday but that there had been an issue with sewerage pipes.

Ms Reichart said she had noticed a strong smell on the ground floor this morning.

“I’ve walked in and out of the building a couple of times this morning … and the smell is quite pungent, it smells like rotting meat,” she said.

“I think it’s just from when they [police] keep opening the door to have a look.

“It’s quite bad, I smelt it a couple of days ago but it just smelt like dog food – we’ve got animals in the building so you don’t really think of anything.

“And as Alex said we’ve had sewerage issues.”

Mr Reichart said they moved into the block about six weeks ago.

“It’s worrying, having seen that, especially with all the turnout of the police last night,” he said.

“When 10 police start heading into your building you think something’s happening here.”

Police scientific and forensic officers have been examining both the unit and the area where the man’s body was discovered.


 

Brisbane trans murder: Mayang Prasetyo killed and cooked by chef husband

 October 07, 2014 12:20PM


http://cdn.newsapi.com.au/image/v1/external?url=http://content6.video.news.com.au/B2dm93cDqD-BbsIov4SQ__Am8BKDLG-N/promo236905905&width=650&api_key=kq7wnrk4eun47vz9c5xuj3mc

A WOMAN brutally murdered and cooked by her husband in their Brisbane apartment has been identified as a transsexual “high-class” prostitute whose sex work paid for her family’s education in Indonesia.

Parts of Mayang Prasetyo’s body were found strewn around the inner-city apartment she shared with husband Marcus Peter Volke, 28, who was found boiling her body parts in chemicals on a stove and slit his own throat after fleeing from police on Sunday.

The couple had only been in Brisbane a few months. Pic: Facebook.

The couple had only been in Brisbane a few months. Pic: Facebook. Source: Supplied

 

Friends said Marcus Peter Volke and Mayang Prasetyo seemed normal and happy. Pic: Faceboo

Friends said Marcus Peter Volke and Mayang Prasetyo seemed normal and happy. Pic: Facebook. Source: Facebook

Ms Prasetyo, a 27-year-old sex worker, was charging up to $500 an hour for her services as a “top high-class Asian shemale” the Courier Mail reported, but dreamt of one day transitioning to “complete womanhood” and becoming a mother.

She had married chef Peter Volke in 2013 after the pair met on a cruise ship, according to friends, and had moved with her husband to Brisbane.

The pair appeared to live comfortably in the modern Ternerrife apartment they had shared for three months.

Friends and family back in Indonesia are mourning the loss of “Febri”, as Ms Prasetyo is also known.

Pictures from an online prostitution site offering services from Mayang Prasetyo.

Pictures from an online prostitution site offering services from Mayang Prasetyo. Source: Supplied

Her mother, Nining Sukarni, told the Courier Mail her eldest child paid to “put the sisters through school”.

Ads reveal Ms Prasetyo charged from $200 to $500 for her services as an “international escort”.

“Better in real life. Pictures are always real. Real deal pre-op functional hot TS. With a great fit and hot body to enjoy,” one advertisement read.

Another advertisement posted by the transsexual while she was in London last year described her as ‘busty’ and ‘extra hot in bed’ with a ‘big banana’, the Daily Mail reports.

Friends of Ms Prasetyo have taken to Facebook to pay tribute to the “larger than life” woman, and have remembered her as a “beautiful angel”.

Mayang Prasetyo posted glamorous pictures on her Facebook page.

Mayang Prasetyo posted glamorous pictures on her Facebook page. Source: Facebook

A former lover of Ms Prasetyo said she was “a true leader and a brave and courageous being”.

“I knew I had met an awesome person and made a new friend that I would never wish to lose …,” Brad Whitehouse wrote.

“It breaks my heart that so many of her friends, particularly in Indonesia will be devastated, and of course her family whom she had the spirit of utmost protection and betterment for.”

In the same post, Whitehouse wrote of his friend’s dream of one day becoming a mum.

“Mayang lived as a female and wished to make that big step one day and establish into complete womanhood, adopt, be a mother and a successful businesswoman,” he said.

Tributes have also been paid online to the pair by friends who remember them as a “happy married couple”, and family of the pair have said they showed no signs of problems in their relationship in the weeks that led to both their deaths.

Marcus Peter Volke had no criminal or drug history, according to police.

Marcus Peter Volke had no criminal or drug history, according to police. Source: Facebook

Mr Volke was originally from Ballarat, and had met his wife while working on a cruise ship.

A school friend told his home town paper, the Courier, he was “a little different”.

“He was a good guy, he was a bit up and down, he could lose his temper like anyone can but for the most part he was just like anyone else. He was just one of the boys,” he said.

“He was always a little different. He wasn’t a happy-go-lucky guy like the rest of us — he was a bit dark.”

Volke’s mother, Dorothy, said she had spoken with her son just a week before and he seemed “normal”.

“He was happy and he was coming home for Christmas, everything was normal,” she told the Courier Mail.

“He’d been on a ship, going from one country to another. They hadn’t been in Brisbane for very long, only a few months. They were starting to get settled.”

Mrs Volke said that although her son seemed normal, she hadn’t seen him in around 18 months.

“We didn’t know what was going on,” she said.

He was also passionate about animal cruelty and fascinated by diet information.

He was also passionate about animal cruelty and fascinated by diet information. Source: No Source

Marcus Volke was outspoken about violence against women. Pic: Facebook.

Marcus Volke was outspoken about violence against women. Pic: Facebook. Source: No Source

Friends of Ms Prasetyo have since revealed they had concerns about her husband saying he came across “extremely cold”.

Neighbours have also reported fighting coming from the apartment and it has emerged Mr Volke attended a hospital late last week and told staff his partner cut him in a domestic incident, according to the Courier Mail.

It was reports of a sickening stench, which one neighbour likened to dog food, that led police to knock on the door of the pair’s apartment to find the grisly scene.

Marcus Peter Volke. Pic: Facebook.

Marcus Peter Volke. Pic: Facebook. Source: Facebook

Police discovered Mr Volke in the filthy apartment, cooking body parts over the stove. When the man fled he inflicted a fatal knife wound to his throat, and detectives are treating the incident as a murder suicide.

Investigations are continuing into the horrific ordeal, and delving into the life of the chef who had no criminal history.

Friends remembered the pair as a beautiful married couple. Pic: Facebook.

Friends remembered the pair as a beautiful married couple. Pic: Facebook. Source: Facebook

Gerard Baden-Clay Appeals against Murder Conviction


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Robbo, owner and operator of aussiecriminals)

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

cop shop

update 20/07/14

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

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

And he was set to be a wealthy one too.

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

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

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


 

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

9 hours ago July 18, 2014

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

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

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

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

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

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

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

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

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

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

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

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

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

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

update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

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

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

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

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

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

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

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

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


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

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

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

(Robbo, owner and operator of aussiecriminals)

 

Gerard Baden-Clay found GUILTY OF MURDER


update 12.35 17/07/14

Gerard Baden-Clay launches appeal against murder conviction

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

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

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

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

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

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

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


 


got him1

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

This slideshow requires JavaScript.

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

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

SENTENCE

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

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

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

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

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

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

Allison knew nothing about the resumption of the affair.

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

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

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

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

You had agreed, reluctantly, to that.

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

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

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

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

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

Those marks are only consistent with your guilt.

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

You took her body to Kholo Creek.

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

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

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

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

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

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

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

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

The impacts on Allison’s family have been grave.

Their victim impact statements poignantly express their pain.

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

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

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

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

You are sentenced to imprisonment for life.

Baden-Clay defence offered manslaughter

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

MAJOR YELLOW DAFFODIL  UPDATE 11.53 AM 15/07/14

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

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

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

guilty

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

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

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

List of Trial Witnesses as they appear here

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

RESERVED FOR UPDATES AFTER VERDICT ANNOUNCEMENTS

The statement made outside court by a family Representative

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

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

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

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

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

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

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

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

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

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

Thank you”

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

Updated 1 minute ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Premier vowed resources to find Allison

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

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

Timeline: Baden-Clay murder

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

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

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

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

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

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

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

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

Crown case against Baden-Clay circumstantial

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

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

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

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

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

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

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

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

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

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

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

Baden-Clay’s double life

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Toni McHugh in an email to Baden-Clay

 

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

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

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

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

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

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

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

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

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

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

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

Allison’s mental health raised at trial

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

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

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

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

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

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

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

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

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

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

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

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

Three daughters left behind

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

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

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

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

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

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

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

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

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

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

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

They are bound by grief, but divided by loyalty.

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

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

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

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

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

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

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

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

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

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

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

brisbane times

Gerard Baden-Clay appeal likely: legal expert

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

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

 

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

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

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

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

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

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

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

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

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

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

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

“No trial’s perfect,” she said.

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

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

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

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

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

 

Gerard Baden-Clay Trial-Day 21-GUILTY MURDER


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

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

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

Priscilla Dickie   Vanessa Fowler   Geoff Dickie

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

DECISION NOW DUE 11.45AM

Verdict due 11.45 am today

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

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

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

(Robbo, owner and operator of aussiecriminals)


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

Updated 1 minute ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Premier vowed resources to find Allison

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

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

Timeline: Baden-Clay murder

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

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

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

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

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

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

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

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

Crown case against Baden-Clay circumstantial

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

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

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

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

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

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

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

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

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

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

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

Baden-Clay’s double life

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

Toni McHugh in an email to Baden-Clay

 

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

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

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

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

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

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

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

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

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

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

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

Allison’s mental health raised at trial

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

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

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

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

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

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

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

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

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

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

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

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

Three daughters left behind

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

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

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

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

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

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

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

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

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

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

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

They are bound by grief, but divided by loyalty.

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

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

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

brisbane times

“content kindly supplied by Brisbane Times” 

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

July 14, 2014 – 6:31PM

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

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

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

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

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

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

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

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

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

 

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

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

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

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

He has pleaded not guilty.


Remember this?


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List of Trial Witnesses as they appear here

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Gerard Baden-Clay Trial-Day 20


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

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

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

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

List of Trial Witnesses as they appear here

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

brisbane times

“content kindly supplied by Brisbane Times” 

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

July 14, 2014 – 6:31PM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He has pleaded not guilty.

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

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

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

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

Reserved for day 20 discussion during deliberations

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

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

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

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

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

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

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


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GBC Trial Day 19.5 (the weekend)


Something to get the chat going for the weekend

 

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

11/07/14

Gerard Baden-Clay

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

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

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

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

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

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

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

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

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

Seeing mystery unravel part of appeal, barrister says

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

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

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

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

Ken Fleming, QC

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

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

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

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

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

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

Public pressure witnesses face may discourage some: lawyer

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

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

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

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

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

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

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

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

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

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

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

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

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

List of Trial Witnesses as they appear here

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

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

Sex abuse royal commission: Prosecutor defends using question of 12-year-old’s breasts in legal advice in Scott Volkers case


Updated 10 hours 41 minutes ago

A senior NSW prosecutor has defended using the question of whether 12-year-old girls have breasts to back up her finding that there was little chance former Olympic swimming coach Scott Volkers would be convicted of sex abuse charges.

In 2002 Volkers was charged with a range of sexual abuse offences relating to three young female swimmers – Julie Gilbert, Kylie Rogers and Simone Boyce – but those charges were later dropped.

A royal commission into child sex abuse is currently examining how sports bodies and top prosecutors handled the allegations.

Queensland Police reopened the case against Mr Volkers in December 2002.

In December 2003, Queensland‘s Director of Public Prosecutions (DPP) sought the advice of the NSW DPP as to whether the new brief of evidence supporting the allegations had reasonable prospects of conviction.

The NSW DPP, Nicholas Cowdery QC, tasked deputy senior crown prosecutor Margaret Cunneen SC with preparing the advice.

In her advice, Ms Cunneen questioned whether the charges against Mr Volkers had a reasonable chance of success because it was legitimate to ask – following Ms Gilbert’s assertions that Mr Volkers had massaged her breasts – whether 12-year-old swimmers even had breasts.

At the royal commission on Thursday, Ms Cunneen said that was still a valid question for a jury to consider.

“If a defence counsel could raise a doubt that there was any palpable breast tissue, through the clothing of course, then we’d be in trouble trying to say that she had breasts,” she said.

On Tuesday, Ms Gilbert told the ABC’s 7.30 program Ms Cunneen’s questions regarding her allegations were deeply hurtful.

Advice based on whether jury would accept evidence: Cunneen

The counsel assisting the commission, Gail Furness SC, also asked Ms Cunneen whether it was fair to say she does not resile from her original advice to the Queensland DPP regarding any conviction being unlikely.

“I take it from the terms of [your] statement Ms Cunneen that you don’t resile in any way from the advice you gave in 2004 in relation to Mr Volkers?” she said.

Ms Cunneen answered that she stands by the advice.

Scott Volkers

“Bearing in mind it was 2004 and that maybe [there are] some considerations in relation to juries being more amenable in 2014,” she said.

“We were probably only two-thirds of the way through the evolution, in terms of public knowledge and acceptance of child sexual assault cases then.

“But no, I don’t resile from the advice at all.”

She told the commission the credibility of the three alleged abuse victims was not in question, rather she was questioning whether a jury would accept their evidence.

“Sexual assaults are harder to prove than murders and robberies because it so often comes down to one word against another,” she said.

“The judge would tell [the jury] ‘probably is not enough, the gravest suspicion is not enough, you have to be satisfied beyond reasonable doubt that that happened’.”

Volkers was exempt from holding blue card: inquiry

Earlier, the commission heard Mr Volkers was exempt from holding a blue card in Queensland, despite the fact his application was rejected.

He applied for the blue card – which is needed for working with children – along with about 60 other employees from the Queensland Academy of Sport in mid-2008.

The royal commission heard Mr Volkers’ application was the only one to be issued with a negative notice and his application for a blue card was rejected.

The director of Queensland’s blue card system, Michelle Miller, told the inquiry the recommendation to reject Mr Volkers’ application was handed down before it was decided he was exempt from the requirement to hold a blue card because he was a government employee.

On Wednesday, Swimming Queensland chief executive Kevin Hasemann agreed to review Mr Volkers’ status as a life member of the organisation and a Hall of Famer.

Mr Hasemann admitted to the commission he did not investigate the allegations against Mr Volkers before employing him.

The hearing continues.

Gerard Baden-Clay Trial-Day 19


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

UPDATE 4.15PM

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

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

List of Trial Witnesses as they appear here

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

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

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

Courtesy of our friends the Courier Mail

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

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

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

Justice Byrne reread the passage to the jury.

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

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

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

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

8.30am

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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