Allison Baden-Clay - GENERAL DISCUSSION THREAD #40

[LegallyBrunette]

If it is pro bono, you'd have to wonder if it was a tactical error; isn't that supposed to be all about Good Publicity? I can only see Bad coming out of this for any law firm brave enough to touch it....

Supposed to be 'for the public good' - some practitioners might do it for publicity. There are a few in Sydney who always appear in media defending a certain group of offenders.
Of course, if the defence team weren't too flash, in a way they could be providing a public service :twocents:

 

[Tishy]

Supposed to be 'for the public good' - some practitioners might do it for publicity.
Of course, if the defence team weren't too flash, in a way they could be providing a public service :twocents:

Very true...due in no small measure to the lack of plausible material to work with...

 

[missfisher]

I've heard that th third woman has left real estate. Last i heard, she'd dropped off the radar. Before that she was questioned by police.

 

[AAAA]

Back in the saddle again, with our boyo Gerard and the Skull crew. Its been nice to think of Gerard in remand all this time, and more to come. Oh well.

The interesting bits for me. Toni goes to the police THE DAY Allison is reported missing. She must have known she was saying faretheewell to the $200,000.00 she lent him, which she had probably borrowed in turn. So all through that search you can bet the SE's and the fireies knew what they were looking for.

The third woman, just from memory , could be that one from Belle real estate, in Brissy somewhere, she had a very long chin, mother of 2 ( her face book said,
" I just love being a mother!!") blonde, sometimes referred to actually as Chinwoman at various times, on various blogs.

Just went back through my emails, I think you may be referring to a lady that worked at Belle Properties with the initials MH. It was alleged, not msm, that she may have been pregnant and one of the conquests. Profile was immediately removed. Have no info regarding this other than speaking to a friend in the industry.IMO.

 

[alioop]

As far as I know GBC's defence lawyers have very good reputations and I am sure working very hard for their client. I also think they would be getting paid for doing so and that they wouldn't care too much about the publicity.

 

[AAAA]

Was it MH from Belle at Taringa?

Yes, that was the name given.

 

[LegallyBrunette]

As far as I know GBC's defence lawyers have very good reputations and I am sure working very hard for their client. I also think they would be getting paid for doing so and that they wouldn't care too much about the publicity.

I think I was speaking hypothetically about his defence team being 'not too flash'.

 

[Susan12]

I was just thinking of something re the suicide theory.... He's been charged with interference with a corpse too which you can't do to yourself once you're dead.

 

[Susan12]

There is no current legal basis for a family court judge to prohibit access by the BC's. They have not been charged with any crime and they had a very close relationship with the girls prior to Allison's death and prior to GBC's arrest. It may have been after the Dickie's were given temporary custody when GBC was arrested that the BC's weren't allowed contact with them but as time has moved on and no further arrests made, they have obviously been allowed contact as being in the interests of the girls.

If the dickies think some of them were accomplices then seeing them with the girls must be pretty hard to bear.

 

[Susan12]

Oh god, I wish I hadn't watched that again. That is the best (worst?) example of simpering I have ever seen.

Surely all the prosecution would have to do to convince the jury is to show that video :floorlaugh:

 

[marlywings]

Sinister motive for 'taking the fifth' challenged

December 18, 2012

That Mr Baden-Clay would Google American laws if he was planning to carry out a crime in Australia seemed a bit baffling at the time but in his latest bail application, Mr Baden-Clay has attempted to explain why his searches were innocent and it all comes down to a television show.

Mr Baden-Clay said he had been watching The Good Wife on Channel 10 and the episode had mentioned the two laws so when his mother asked what they meant he googled to explain it to her.

Mr Davis also argued forensic examination of the phone showed when Mr Baden-Clay Googled "self incrimination" on April 20, minutes before he dialled triple-0 to report her missing, he only accessed the page for three seconds.

His explanation was Mr Baden-Clay did not Google "self incrimination" that morning but the webpage "simply re-loaded".

http://www.brisbanetimes.com.au/que...-challenged-20121217-2bj9y.html#ixzz2FJmRMQP4

 

[missfisher]

After reading how GBC represented his wife to TMH as an unbalanced woman, I still think it's possible that he could have rung one of his mistresses in the middle of the night and said "she's run off, and i have to find her before she does something silly. Can you come and watch the girls for me?" If you were that mistress, and you got the impression once you were at the house that something was "off", what would you do? Play along until you were safely out of there, and be down at the police station first thing in th morning or as soon as you heard it on the news.

If the police have a statement to this effect from one of the mistresses, I think they'd save it for the committal or even the trial - and make sure it wasn't leaked in the interim.

 

[Susan12]

Sinister motive for 'taking the fifth' challenged
Mr Baden-Clay said he had been watching The Good Wife on Channel 10 and the episode had mentioned the two laws so when his mother asked what they meant he googled to explain it to her.
http://www.brisbanetimes.com.au/que...-challenged-20121217-2bj9y.html#ixzz2FJmRMQP4

So he was watching it with his mother? That's prime time right so is it true he was staying at his parents? Strange if the show mentioned self incrimination, it seems such a coincidence given what eventuated. Perhaps it prompted some research as part of the planning, if it was planned. Do you guys think it was?

 

[Trooper]

Yes.. I think it was planned. Plan in the sense of what we could call the GERARD method of planning.. the same way he planned his career, ran his business, ran his family life, ran his bonking life, and ran his bank account. That is, planning in the Fantasy Mode.

He had a deadline. He gave a deadline to Madame Lash, well.,. actually , she gave HIM a deadline and he assured her he would toe that line. Front up with the money by June. Like everything else in Gerards life, as far as is known, he was overtaken by extraneous unplanned events, and then had to ad lib. Hence the phone call to the police at 7.30am. A call he had to make. A call only he could make. He couldnt let anyone else report her missing. He has to do it. And from that point, the 'plan ' unravels.

 

[Maigret]

Yes.. I think it was planned. Plan in the sense of what we could call the GERARD method of planning.. the same way he planned his career, ran his business, ran his family life, ran his bonking life, and ran his bank account. That is, planning in the Fantasy Mode.

He had a deadline. He gave a deadline to Madame Lash, well.,. actually , she gave HIM a deadline and he assured her he would toe that line. Front up with the money by June. Like everything else in Gerards life, as far as is known, he was overtaken by extraneous unplanned events, and then had to ad lib. Hence the phone call to the police at 7.30am. A call he had to make. A call only he could make. He couldnt let anyone else report her missing. He has to do it. And from that point, the 'plan ' unravels.

What I don't 'get' is where on earth did 'Madame Lash' think he was going to get the money - did she think he owned the Brookfield house? Or was she thinking he would sell the business ? I just don't get it

 

[Cyansea]

Have a bit of catch up reading to do here but this is niggling at me, (among many other things GBC :furious
Also today is the 120th Anniversary of the Nutcracker which I'm sure Allison would have loved which makes me even more angry.

Re: Right to Silence

BBM
Right to Silence – Australia
http://en.wikipedia.org/wiki/Right_to_silence#Australia
Australia has no constitutional protection for the right to silence, but it is broadly recognised by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right. In general, criminal suspects in Australia have the right to refuse to answer questions posed to them by police before trial and to refuse to give evidence at trial. As a general rule judges cannot direct juries to draw adverse inferences from a defendant's silence (Petty v R) but there are exceptions to this rule, most notably in cases which rely entirely on circumstantial evidence which it is only possible for the defendant to testify about (Weissensteiner v R). The right does not apply to corporations (EPA v Caltex).
<snipped>

Interesting, I checked out (Weissensteiner v R). There are many comments made by Judges which are very interesting.
(Weissensteiner v R) &#8211; High Court Of Australia - 1993
http://www.austlii.edu.au/au/cases/cth/HCA/1993/65.html

I would like to put this on some Christmas Cards:

R. v. Burdett ((52) (1820) 4 B. and Ald. 95,
at pp.121-122; (106 ER 873, at p.883).), where it was said:
"But when one or more things are proved, from which our
experience enables us to ascertain that another, not proved,
must have happened, we presume that it did happen, as well
in criminal as in civil cases. ... It is enough, if its
existence be highly probable, particularly if the opposite
party has it in his power to rebut it by evidence, and yet
offers none; for then we have something like an admission

Maybe if alioop can clarify, it seems to me that this is current in the Law in Queesland, that a Judge can made comment to the Jury in relation to absence of testimony from defendant.

 

[ozazure]

What I don't 'get' is where on earth did 'Madame Lash' think he was going to get the money - did she think he owned the Brookfield house? Or was she thinking he would sell the business ? I just don't get it

I think she probably did, he is mentioned to have told other people he owned it.

 

[ozazure]

Regarding the reloading "5th amendment" page ... this reminds me a lot of the Casey Anthony cluster**** when it comes to the internet search history. Not that I buy the TV watching story one iota, but I think it is a misrepresentation to suggest he googled it moments before dialling police if in fact it was a subsequent visit after being looked at at an earlier time and he immediately used the browser for something else or there's evidence he immediately loaded another app.

What I want to know is this a deliberate leveraging of the facts for the prosecution, or something they do not truly understand when looking at the forensic data? If the former, I think it damages their credibility and that concerns me greatly. If it is the latter - well I would have assumed they understood the forensic data well but after what's come out in the Casey Anthony trial, I am not so confident.

 

[grannie]

Gerard would have worked the percentage system.. Proposition EVERYONE and eventually, someone will say, why not? ... We haven't heard, and probably wont, from the women who knocked the loser back.

The irony of Ole Tone complaining to Gerard about his 'unfaithfulness' to her. It just slays me. Those diary excerpts are heartbreaking. Ole Tone calling Allison a 'lady of leisure'... 3 little kids, a house, trying to start up her career. ... rotten husband, vile inlaws, debt, emotional abuse, financial abuse, psychological abuse, physical abuse? of a certain sort, I am sure. Allison, Allison, why didnt you GO?? just GO. ..

Another thing that irks me. What are the qualifications necessary for 'marriage counselling'?? if any? this homework exercise... these lists.. I dunno. . they look well... USELESS, to me. ..

BBM.

Because, like she said in her diary, she was worried what other people would think of her. Women in patriarchal societies... Individual families are set up on a patriarchal basis, with the husband and father determining fundamental conditions and making the key decisions, and with humble obedience owed to this male authority. A revealing symptom of patriarchal families is the fact that, after marrying, a woman usually moves to the orbit of her husband's family. Intelligent and talented Allison sacrificed her career, not her dumb husband. I shall say no more... MOO.

 

[Maigret]

Regarding the reloading "5th amendment" page ... this reminds me a lot of the Casey Anthony cluster**** when it comes to the internet search history. Not that I buy the TV watching story one iota, but I think it is a misrepresentation to suggest he googled it moments before dialling police if in fact it was a subsequent visit after being looked at at an earlier time and he immediately used the browser for something else or there's evidence he immediately loaded another app.

What I want to know is this a deliberate leveraging of the facts for the prosecution, or something they do not truly understand when looking at the forensic data? If the former, I think it damages their credibility and that concerns me greatly. If it is the latter - well I would have assumed they understood the forensic data well but after what's come out in the Casey Anthony trial, I am not so confident.

A good point I just opened safari on my iPhone and it loaded the page I last looked at on Sunday -I haven't opened safari on my phone since then