ARREST!!! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 - #22

[Solaris]

I think it would be bad JU JU to stay in the house where you murdered your wife ..... just saying. IMO

:floorlaugh::floorlaugh::floorlaugh::floorlaugh:

 

[J-Diggety]

He did remove body parts, he removed the whole body. I think you will find it's still interering of a corpse either way.
.

Blind freddie knows that he allegedly moved the body. The actual wording of the legislation (in my original post) was as follows;

"unlawfully remove body parts from a corpse of a human being"

Hence why I posted the legislation, Im actually curious as to why he was charged with interfering with a corpse. Its highly likely that it is for removing the corpse, but legislation is exactly that, legislation.

I would like to know further what the elements of the particular offence were.

It will all come out, and no doubt it will be what we are both thinking.

 

[Aussie_expat.sg]

He has to shave his whole beard???

So police want his beard hair. They want him to shave this afternoon and obviously they want to compare that.

http://www.abc.net.au/news/2012-06-14/police-seek-hair-sample-in-baden-clay-case/4070804?section=qld

If they want DNA, won't they have to "pluck" a hair from his face? not just shave? they need the root.

 

[Curiousasacat]

I liked the whole article, but especially related to the first few paragraphs:
"by KATE HUNTER

I did it again this morning. Even though I told myself I wouldn’t.

Along with most of Brisbane, I gossiped about the Baden-Clay case.

I was at my daughter’s netball practice, and another mum said her husband, a lawyer, couldn’t help with the kids this morning because he had to be in court.

‘His client isn’t named Gerard, I hope?’ I joked. Ha ha ha.

Sometimes I despise myself.

Because as soon as the words were our of my mouth, I looked at our 9 year old girls darting about the netty court – their biggest concern being pulled up for stepping. Then I shut up, remembering the three Baden Clay girls aren’t actors on CSI or characters in a book, but kids no different to mine. Except they’ve lost their mum in the worst of circumstances – violently and famously – and now they face losing their father too"

and she goes on to talk about Brissie trying to shake off it's country town lable, but everyone knows everyone. I liked her honesty because she admits to being totally gripped by the case, but trying hard not to let it impair her judgement regarding how her gossiping will affect the girls. As i said, a lot of people will feel the same way. I know I do.

Yes, that's the part I liked. Made me homesick : (
Like you said, it sums up the average persons experience with the case and you're right, especially mum's. Heartbreaking that Allison won't be there to cheer her girls on at netball. Such a sad thing for those poor girls.

 

[itsthevibe]

Bolded by me... Not necessarily that they had doubt or questioned it. IMO, they had their POI from day one, they needed to gather all the evidence they could and get all their ducks lined up so to speak, in order to arrest and get a conviction(lets hope). Because it took 8 weeks(which is actually not a long time for a case like this i don't think), probably to do with gaining sufficient evidence rather than doubting he did it..but this is just MOO.

As for the rest of your comment, agree. I said to family last night, its hard to believe or imagine that someone seemingly ordinary- your local real estate agent, could do something like that. If it was accidental as in not premeditated, the fact he did not fess up at the time and disposed of her body in cuch a cold/ callous matter, just beyond words for me. I don't believe you could go for manslaughter and hope to get it given the whole scenario of what happened, in regards to her death and disposal of her body and the charade that has gone on. MOO

Accidental as in not premeditated? Not premeditated doesn't automatically mean accidental, it can still mean intentional murder, just not planned in advance. I thought we'd got away from this idea that if you didn't premeditate it, it had to be an accident. Like, you didn't mean it! You could murder in anger with no advance planning and the desire to kill can still be there.

 

[Karo]

He has to shave his whole beard???

So police want his beard hair. They want him to shave this afternoon and obviously they want to compare that.

http://www.abc.net.au/news/2012-06-14/police-seek-hair-sample-in-baden-clay-case/4070804?section=qld

That link doesn't say he has to shave his beard, does it?

 

[minni]

Yep...DNA is DNA though, you'll get the same result with blood or hair.
I'm starting to think maybe he did stab Alison and injure himself accidentally? Maybe it took them this long to identify 2 types of DNA with blood samples, imagine if there was blood and only 1 tiny drop was his? That would take a while.

Hmm I was thinking strangulation, now I'm not so sure.

IMO there is info about to come out about some financial scheme he was running, like a Ponzi scheme. I think he had a few things building up and he snapped. IMO his investors were about to find out they were ripped off. He seems too sane to commit murder purely because he didn't like his wife. Nope, something else going on MOO.

I am starting to wonder whether an informant/accomplice has come forward as mentioned earlier in relation to Paul Tully's 'immunity' call. If there is any truth to the possibility that there may be an accomplice with a criminal background ie 'hitman'...then maybe they have come forward and the DNA sample requested today could be used in connecting GBC with the accomplice by way of just having proof that he has been at his house, or in his car, or used his phone.. or something much more dramatic, like the accomplice may have info re the murder weapon?

It would be hard to prove GBC had been under the bridge as Allison was under the bridge and the defense could just claim it was transferred from her and of course she would have his DNA on her, they were married. So unless they have extracted DNA from an injury that only could have got there after the injury (boy, he'd be screwed if they had that) or DNA from under her nails, then I believe they are trying to match his DNA to another location or person, to prove a connection. Also, they could be eliminating his DNA to identify unknown other DNA too (probably likely)

 

[Aussie_expat.sg]

Blind freddie knows that he allegedly moved the body. The actual wording of the legislation (in my original post) was as follows;

"unlawfully remove body parts from a corpse of a human being"

Hence why I posted the legislation, Im actually curious as to why he was charged with interfering with a corpse. Its highly likely that it is for removing the corpse, but legislation is exactly that, legislation.

I would like to know further what the elements of the particular offence were.

It will all come out, and no doubt it will be what we are both thinking.

This seems to give broader definition to interference:

Queensland Consolidated Acts
\
CRIMINAL CODE 1899 - SECT 236
236 Misconduct with regard to corpses
Any person who, without lawful justification or excuse, the proof of which lies on the person—

(a) neglects to perform any duty imposed upon the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s236.html

of course, worse things are possible.

 

[Kimster]

That link doesn't say he has to shave his beard, does it?

Yes it sure does. You can hear them say it in the interview and you can push the transcript button and read it there.

 

[Karo]

I think a similar charge was made against Daniel Morecombe's killer.

 

[coolcat]

Mrs Baden-Clay's parents Geoff and Priscilla Dickie yesterday were at the family's rented home on Brookfield Rd, armed with cleaning products and tidying the back yard.

Mr Baden-Clay has not yet brought his daughters back to the home the family shared in happier times.

http://www.couriermail.com.au/news/queensland/grief-for-lost-daughter/story-e6freoof-1226346302840

I am catching up so forgive me if the same or similar comment has been posted already.

I don't doubt for a secong that the Dickies done their own little investigating at the home that day......Tidying the backyard could of actually been searching for evidence...Phone, weapon or blood perhaps.

I know if someone I loved was killed or missing i would be searching for clues more then cleaning.....Imagine the restraint they have had to have all this time leading up to GB's arrest......Strong People......I can't say with any honesty that I would of been able to do it....I would of went off like a crazy woman.....My husband on the other hand would of been able to keep his cool just as the Dickies have.

I bet they are just as calm about it all with the Girls....I bet they never say a bad word about there father to them or in front of them....Very strong people! I can honestly say that my personality would not allow me to be that patient...........I would have chopped of his Penis just for having an affair.....Imagine what I would do if he killed My daughter....YEP! It is safe to say I am a NUTCASE.....lol!

 

[Aussie_expat.sg]

I think a similar charge was made against Daniel Morecombe's killer.

hmm....for VERY good reason

 

[J-Diggety]

This definition may not be applicable in Queensland. Here is a link which might be helpful: http://www.australiancriminallawyers.com.au/web/page/qld_law_improper_interference_with_a_corpse

Cheers

Nice one, makes better sense now

Improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not; is guilty of a misdemeanour

Cheers

 

[WSmum]

Someone in an earlier post (last thread I think) mentioned the BC girls were at Ferny Grove police station waiting to be collected by the Dickies whenGBC was at Indroo police station last night. Can anyone enlighten me on why Ferny Grove? It is so far away from the western suburbs and where I understood they were residing.

 

[CaseClosed]

Yes it sure does. You can hear them say it in the interview and you can push the transcript button and read it there.

Yes, it does say. Could it be that it is a requirement of the prison? Or that the prosecution want to see if there are any scars on his face?

 

[J-Diggety]

This seems to give broader definition to interference:

Queensland Consolidated Acts
\
CRIMINAL CODE 1899 - SECT 236
236 Misconduct with regard to corpses
Any person who, without lawful justification or excuse, the proof of which lies on the person—

(a) neglects to perform any duty imposed upon the person by law, or undertaken by the person, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s236.html

of course, worse things are possible.

Thanks for that, much appreciated

 

[CaseClosed]

Someone in an earlier post (last thread I think) mentioned the BC girls were at Ferny Grove police station waiting to be collected by the Dickies whenGBC was at Indroo police station last night. Can anyone enlighten me on why Ferny Grove? It is so far away from the western suburbs and where I understood they were residing.

It appears to be the base for Child Protection Unit for the northern areas.

 

[Bayside]

Yes, it does say. Could it be that it is a requirement of the prison? Or that the prosecution want to see if there are any scars on his face?

I was wondering about the scars too, the beard was obviously grown to hide something since he doesnt wear one normally.

 

[Thinking]

It's OK, I've got it. The bail application won't be heard today @couriermail#badenclay (Twitter)

I have wondered a lot about why the real estate agency was moved to Level 5 Toowong, rather than just wound up (when there were no live listings left and only two rentals from memory)? One would think it would be just as easy and more cost-effective to run out what remained of it, from home.

It has now occurred to me that it may have been in anticipation of needing to make an application for bail in future - perhaps GBC's lawyer recommended that he make it appear as much as possible to be "business as usual" as this (evidence of gainful employment if granted bail) would assist in his bail application.

However, bikerchick's report that the Century21 signs have now disappeared from Toowong Village isn't a good thing for him...

 

[Keentoknow]

Keentoknow's Sunflower Cross - a beautiful gesture.

Thank you very much for fixing up the cross for us....and for the photos........Hawkins likes the flowers on the bridge so I thought that might help your heart strings CJ60