Allison Baden-Clay - GENERAL DISCUSSION THREAD #39

[Freya1977]

Hi all,

I've been lurking around here for months, and have taken a recent interest in the Sarah Cafferkey murder....I've not spent a long time reading through all the Baden-Clay threads, but am about to start delving into it more.

I live in Brisbane, not far from where this all happened, quite unbelievable and so terribly sad.

Anyway, I just wanted to make my first post and say "Hi!"

 

[Salem]

don't forget the all important <> in the <MODSNIP> will you?:great:

Only mods get to use the <> because they are all important and it helps posters recognize right away that a mod has visited a post.

Salem

 

[AAAA]

Hi all,

I've been lurking around here for months, and have taken a recent interest in the Sarah Cafferkey murder....I've not spent a long time reading through all the Baden-Clay threads, but am about to start delving into it more.

I live in Brisbane, not far from where this all happened, quite unbelievable and so terribly sad.

Anyway, I just wanted to make my first post and say "Hi!"

welcome Freya. look forward to many posts from you.

 

[Humdinger]

Yes I find it interesting that the BC's have never said go and find the killer, they've never ever said anything about it.
Why does everyone think this is?
I wonder if they're all just avoiding the public for fear of being asked the hard questions??
I know this is old so to speak, but I'd really be interested in hearing opinions.
I'm sure that even my inlaws would call for help if I were missing!!

 

[SouthAussie]

There are three main rationales behind the use of electronic monitoring:
Detention
Electronic monitoring can be used to ensure that the individual remains in a designated place. For example, home detention schemes typically require offenders to be at home during established curfew hours. This was one the first uses of electronic monitoring and remains the most popular (Mukherjee 1999; Crowe 2002).
Restriction
Alternatively, electronic monitoring can be used to ensure that an individual does not enter proscribed areas, or approach particular people, such as complainants, potential victims or even co-offenders (Marien 2002; The Economist, 15 August 2002).
Surveillance
Finally, electronic monitoring may be used so that authorities can continuously track a person, without actually restricting their movements.

Pre-trial
In most jurisdictions, electronic monitoring may be possible under the generally broad discretion available when imposing bail conditions &#8230;..... section 11(2) of the South Australian Bail Act 1985 allows the bail authority to impose a condition requiring an accused person to remain at his or her residence except for authorised activities such as employment. Although there is no specific mention of electronic monitoring, the Supreme Court of South Australia has interpreted this as authority to order electronically monitored bail, at least where the applicant is willing (R v Blayney [2002] SASC 184).

http://aic.gov.au/publications/current series/tandi/241-260/tandi254/view paper.html

Have no knowledge of Qld laws, but I wonder if GBC&#8217;s legal team can argue for him to be bailed with the use of electronic monitoring? From what I can see in the SA act, alleged murderers are not exempt from this type of (discretionary) bail condition.
Would imagine, though, that the prosecution would argue to keep GBC away from phones/internet too. Don&#8217;t think that electronic monitoring can&#8217;t allow for that.

 

[Makara]

Welcome Freya. :greetings:

Hi all,

I've been lurking around here for months, and have taken a recent interest in the Sarah Cafferkey murder....I've not spent a long time reading through all the Baden-Clay threads, but am about to start delving into it more.

I live in Brisbane, not far from where this all happened, quite unbelievable and so terribly sad.

Anyway, I just wanted to make my first post and say "Hi!"

 

[Cyansea]

Hi All

I have reading up on Bail Law and I don’t think I will be opening a Law Office any time soon, though I find it fascinating, thank you Alioop for your great explanations of the law and links, and great posts everyone, haven’t had time to thank but will get back to that soon.
I’ve also been watching documentaries on Super Max Prisons in USA, absolutely fascinating stuff, wish we had those prisons here, the Prison Guards are so tough. I would be a total nervous wreck if I worked there. We really need to build one here in Oz, not like the joke Ararat Prison which can’t even get a proper extension done, another story though.

I feel confident that the strength of the Prosecution Case will continue to be a major deciding factor in not approving the 2nd Bail Application.

I’m wondering if the Change of Circumstances need to be ‘exceptional’ in the case of 2nd and consecutive Bail Applications in relation to a Murder Charge? What would constitute “exceptional circumstances”?

The more serious the offence and the higher the likely penalty, the stronger will be the need to guard against the risks of bail.

What about the legal system taking into account/guarding against unnecessary infliction of further anguish upon the victims, i.e. the Dickies, Allison’s daughters. There is too much risk involved imo to approve his bail. The probability of interfering with witnesses, the probability of flight risk, etc is too high, in my opinion.

I’m wondering/hoping that the Prosecution have made known that there was Domestic Violence perpetrated upon Allison by the accused, showing that he was violent towards her during their marriage, showing violent tendencies of the accused. Can the Prosecution only use this if there was an actual conviction against the accused or would the Police having attended the property and having proof with their Police Reports be sufficient? I can't recall if this was substantiated or a rumor so mods snip if necessary, thanks.

Does the accused pose an unacceptable risk of endangering community safety (this can include physical/mental safety), committing a serious offence, interfering with witnesses, or absconding? In my opinion yes, the accused proposes an unacceptable risk. I hope the Judge thinks the same.

 

[Flinders]

I am posting briefly. I'm not sure what are the right words to say. My least favourite colour has always been yellow since a child but now I see it's importance and value.

My thoughts since April have been with Alison.... My kids know some of your more interesting avitars. Since then my mother has died and now I know life is for the future. Lots of mothers live for their children. Some people live to say hey! I pay for my kids... Ergo that is love. Yep,sarcasm.

Thanks to you all who keep Allison's memory alive.

 

[Flinders]

One more post for the day. Thanks to Allioop, Makara and all who keep us up do date. Sorry if am I missing anyone eg. radster, amee, bayside.. But hubby today who has listened to me check up dates at 12am informed me that there was new news re bail. I won't say more because if my hubby has no vested interest in this other than me why would anyone else?

Sarcasm, people care.

 

[Thinking]

Yes I find it interesting that the BC's have never said go and find the killer, they've never ever said anything about it.
Why does everyone think this is?
I wonder if they're all just avoiding the public for fear of being asked the hard questions??
I know this is old so to speak, but I'd really be interested in hearing opinions.
I'm sure that even my inlaws would call for help if I were missing!!

This is completely MOO, but to me it has seemed, from the very first moment the police arrived at the BC residence that fateful morning, that GBC has given the police the following unspoken message:

I know that you know I did it, you just have to prove it - and good luck with that.

The message has been similar from NBC. All my opinion only.

 

[alicat]

My husband said it looks as though all the flowers on Kholo Creek have gone.

 

[Onlyone]

My husband said it looks as though all the flowers on Kholo Creek have gone.

Surely not, there was tinsel added to the sunflowers on Wednesday, will check tomorrow & report back....

 

[alicat]

We just came back from the Christmas Tree lighting and they were there on the way in, but he said 'they've all gone' and I was already over the bridge at that time. I will check also and let you guys know.

 

[SouthAussie]

This is completely MOO, but to me it has seemed, from the very first moment the police arrived at the BC residence that fateful morning, that GBC has given the police the following unspoken message:

I know that you know I did it, you just have to prove it - and good luck with that.

The message has been similar from NBC. All my opinion only.

I so agree with you ....

I've never even seen an "I didn't do it" from him reported anywhere. Only the professional side-step of his lawyers saying that 'his intention is clearly to defend the charge vigorously'.

 

[LegallyBrunette]

I so agree with you ....

I've never even seen an "I didn't do it" from him reported anywhere. Only the professional side-step of his lawyers saying that 'his intention is clearly to defend the charge vigorously'.

Isn't that what every accused does if they plead not guilty? Gee thanks scoop.:banghead: Can't see him getting bail, too much against it. Though if he did, he might wish he hadn't.:twocents:

 

[Thinking]

Would there be any advantage for him to appear at/attend the bail hearing this time?

 

[Fuskier]

My husband said it looks as though all the flowers on Kholo Creek have gone.

Right before the Bail Hearing? Can some WS members who live close by check please? The flowers stand as a symbol that the community cares and wants to see Justice done. It might be convenient to some to remove the flowers, so the community will forget and get on with 'business as usual'.

 

[LegallyBrunette]

Right before the Bail Hearing? Can some WS members who live close by check please? The flowers stand as a symbol that the community cares and wants to see Justice done. It might be convenient to some to remove the flowers, so the community will forget and get on with 'business as usual'.

Is it known who removed them?

 

[LegallyBrunette]

Would there be any advantage for him to appear at/attend the bail hearing this time?

Possibly for prosecution :twocents:

As I understand from Supreme Court Act - if he wishes to appear - or court in its' discretion requires him to - it is by video link - subject to below..

80 Use of video link facilities in proceedings
(1) This section applies to a proceeding if&#8212;
(a) a detainee is entitled or required to be present before the
Supreme Court for the proceeding; and
(b) the proceeding is&#8212;
(i) about an offence with which the detainee is
charged, including a proceeding for the detainee&#8217;s
bail or remand;
(c) video link facilities are available linking the correctional
institution where the detainee is in custody and the
court.
(2) A proceeding for the detainee&#8217;s bail or remand or an appeal
proceeding must be conducted using the video link facilities,
unless the court, in the interests of justice, otherwise orders.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SuprCrtQA91.pdf

http://www.legislation.qld.gov.au/Bills/48PDF/1996/CourtsVideoB96E.pdf

 

[alioop]

My guess is that GBC will not be at the bail hearing either in person or by video link. His appearance is not necessary but if he does want to be there I think it will be by video link.

I am more interested in whether any members of his family will be there. Guessing, I would say it is unlikely. OW surely didn't like sitting outside the court with the media focus on her at the first attempt of the last bail hearing.