Baden-Clay makes second bid for bail, by Marissa Calligeros,
www.brisbanetimes.com.au
This article refers to accused wife killer Gerard Baden-Clay's attempt at a second bid for bail less than two weeks before Christmas.
It states: 'If successful, Mr Baden-Clay could return home for Christmas'.
Return home? Where is home? He destroyed his home the night he allegedly murdered Allison. This destroyed 'home' for the girls. The rented house has been vacated. The girls have been resettled into a new 'home' with their maternal grandparents. So where is home for GBC? Is it with TM? Is it his parents home? Is it his sister's home? Wonder what the reporter meant when writing that because GBC has no home to return to for Christmas, unless they meant his parent's house IMO. If he gets bailed, this could mean more unnecessary distress for the Dickies re probable Family Court action before Christmas re access over the girls. I imagine that the BC seniors may seek access to the girls for Christmas which would allow GBC access if he is living at his parents house.
Potentially there is a risk of jeopardy to the case as the girls could be 'witnesses' and 'interfering with witnesses' is something the Bail Judge must bear in mind IMO. So its not just a matter of his Legal right to apply for Bail, it is also about the potential impact of Bail on others involved in the case. My opinion only.
Legislation relevant to the bail application -
Bail Act 1980 (Qld)
13 When only the Supreme Court may grant bail
Only the Supreme Court or a judge of the Supreme Court may
grant bail to a person charged with an offence under the
Criminal Code if, on conviction, the sentencing court will
have to decide which of the following sentences to impose on
the person—
(a) imprisonment for life, which cannot be mitigated or
varied under the Criminal Code or any other law;
16 Refusal of bail
(1) Notwithstanding this Act, a court or police officer authorised
by this Act to grant bail shall refuse to grant bail to a
defendant if the court or police officer is satisfied—
(a) that there is an unacceptable risk that the defendant if
released on bail—
(i)
would fail to appear and surrender into custody;
or
(ii) would while released on bail—
(A) commit an offence; or
(B) endanger the safety or welfare of a person
who is claimed to be a victim of the offence
with which the defendant is charged or
anyone else’s safety or welfare; or
(C)
interfere with witnesses or otherwise
obstruct the course of justice, whether for the
defendant or anyone else; or
(b) that the defendant should remain in custody for the defendant’s own protection.
(2) In assessing whether there is an unacceptable risk with respect
to any event specified in subsection (1)(a) the court or police
officer shall have regard to all matters appearing to be
relevant and in particular, without in any way limiting the
generality of this provision, to such of the following
considerations as appear to be relevant—
(a) the nature and seriousness of the offence;
(b) the character, antecedents, associations, home
environment, employment and background of the
defendant;
(c) the history of any previous grants of bail to the
defendant;
(d)
the strength of the evidence against the defendant;
First bail application, 22 June 2012-Brisbane Supreme Court - some comments from Justice Boddice-
Justice Boddice said Mr Baden-Clay’s ties to the community, his obligation to his daughters and his obligations to his business must be balanced against “the real risk of mandatory life imprisonment” and what that might mean to a person.
“The applicant is facing the real risk of mandatory life imprisonment, flight is a real possibility, a real possibility,” he said.
“Although he may have property and other work relationship ties with Queensland, that is not an unusual factor and would not necessarily prevent flight of someone determined to abscond because of fear of a lengthy prison sentence.”
Justice Boddice disagreed with the defence submission that the Crown case was “weak”. While circumstantial, it could “be taken by a jury as strong evidence”.
After a 25-minute address to the court, where he outlined both the defence and prosecution arguments for and against bail, Justice Boddice ended the speculation with a simple sentence.
“The applicant has not satisfied me that his continued detention in custody is not justified,” he said in denying the application.
Read more:
http://www.brisbanetimes.com.au/que...denied-bail-20120622-20s73.html#ixzz2Dqe3XA61.
Kate Kyriacou From: The Courier-Mail June 22, 2012
Explosive new details of the police case against Gerard Baden-Clay have emerged during his unsuccessful bid for bail in the Supreme Court in Brisbane.
http://www.adelaidenow.com.au/secur...lay-bail-hearing/story-e6frea6u-1226405320824
