***Day 1-Committal Hearing*** 11th,12,13th March 2013

[possumheart]

My heart goes out to Allison's friends and family who had to hear or witness that GBC was smiling and laughing and looking healthy after all the heartache he caused for Allison while she was alive and was possibly the person who ended her life. All the "what ifs" and where life will lead now for them all.
Allison if you are watching over them please keep them safe xx

Well he really has nothing left except to bask in the 'high profile' status of this tragedy. Pathetic sod.

 

[enthralled]

Well he really has nothing left except to bask in the 'high profile' status of this tragedy. Pathetic sod.

Well he better make the most of it if that is the case because I truly believe that he will go to trial and be found guilty and in a few years he will be another forgotten waste of space sitting in prison.

 

[Obsessor]

Defence barrister Peter Davis asked Ms Walker whether she believed Baden-Clay was a suspect when she first gave a statement.

She said Baden-Clay had told her police would point the finger at him.

"Gerard mentioned to me the morning he arrived that police would suspect him," she said.

Copied the above from an earlier post today.

How awful for Kerry-Ann to have been told this by GBC on the morning of her disappearance.
What a hideously frightening scenario to find yourself landed in- supposedly your best friend has failed to return from a walk, husband has massive scratches on his face, and then tells you that the police will suspect him.

He knew what would be coming, because he knew what he had done, and he began networking with Kerry-Ann to generate a level of trust between himself and her, and to discredit the police.
A truly nasty nasty scenario, IMO

 

[Tishy]

From my knowledge Tishy, you are quite correct. There exists at law, only legal professional privilege - no other communications/documents have that right. Relevance or lack thereof is the only thing I can think of that could cause objection, although the hearsay rule may also provide some difficulty in relation to Allison's communications to the counsellor. The counsellor would only be permitted to give her own first hand knowledge of the communication and the counselling sessions.

Ah thanks KG1. So for example, if the counsellor was to testify Alison said GBC was physically violent, the defence would potentially look to exclude that as 'hearsay'; she could only testify to the fact that it was said, correct?

 

[possumheart]

[Dr Griffiths said two red marks around Mr Baden-Clay’s upper shoulder and underarm could be caused by pressure, consistent with someone pulling a heavy object behind them.

Dr Milne said Mrs Baden-Clay’s hyoid bone in her neck was still intact, suggesting she had not been ‘‘manually strangled’’.
However, he noted that the hyoid bone could remain in tact if someone was strangled with a ‘‘cloth, sheet or clothing’’.
BBM
http://m.brisbanetimes.com.au/queensland/badenclay-scratches-caused-by-fingernails-court-20130311-2fwbz.html

 

[KG1]

Ah thanks KG1. So for example, if the counsellor was to testify Alison said GBC was physically violent, the defence would potentially look to exclude that as 'hearsay'; she could only testify to the fact that it was said, correct?

If Allison told the counsellor first hand that GBC was physically violent to her, then that is a communication directly from Allison to the counsellor and is not hearsay. But if the counsellor overheard someone else say that GBC was physically violent to Allison, then that would be hearsay and inadmissable. Hope that clarifies Tishy - a long time since Law School.

 

[Groundedgirl]

If there's any novelists or writers out there - I think you might have 101 ready-to-go crime mysteries in these threads Maybe we should release a 'websleuths series'. So many theories here sound so plausible. I wonder which ones end up been on the money?

What a day - thanks to everyone that shared links, updates from the hearing, and supported Allison and her family today. And on this sunshiny day too!

Sadly I have to say it would be plagiarism. This story is not new and very common. Sad but true. It is almost a classic.

 

[Nads]

looking at the sketch of GBC he looks like he has put on a lot of weight. Did anyone who attended today think he had? That makes me think he is starting to get comfortable in Arthur Gorrie and that he must be the first on the food line up.
I imagine someone who is in jail for something they didnt do would be very thin and stressed at all times. He is looking chunky lala in that pic.
Why couldnt he just man up and sit there so everyone could see him. Is it usual for those in the dock to be concealed from view from the rest of the courtroom?

Anti depressants can make you put on weight.

 

[Groundedgirl]

I hope you're right, and I love optimism.
Do you think the damning evidence will come from the people around them or witnesses we haven't heard about or experts?
We've had a bit of a cross-section of all of the above today, and I had hoped there would be more of the "damning" stuff, to be honest.
I thought Kerry-Ann would be able to say more about the troubled relationship-things she'd heard etc.

I should add, I think Kerry-Ann was fantastic today, and said all she could, but there was no opportunity for her to say more about other stuff. Is she finished now? I presume as she left the building she has finished for the committal stage?

We shall know if it is the worst when we see the smile on gbcs face wipe off.

 

[Groundedgirl]

Anti depressants can make you put on weight.

They sure can, and very quickly too.

 

[Snails]

Anti depressants can make you put on weight.

They sure can. And so can inactivity and other extra curricular activities that he was so busy with, if you get my drift MOO

 

[alioop]

Ali if you're around are you able to clarify a question I have on 'privilege'?

I was under the impression that while legal professional privilege is valid between lawyer and client where it specifically relates to the case, that despite popular perceptions, there's actually no such thing a 'medical/professional/religious privilege' ?
If a court requires medical or counselling files to be admitted to evidence, then it can subpoena them, and a medical or professional - except a lawyer - subpoenaed to give evidence is required to give evidence at the direction of the court, or may be found in contempt of the court?

Puzzled as to why the counselling files would be considered inadmissible, unless the defence is trying to say they are not relevant to the case?

Tishy I think because those counselling files relate to more than the deceased person, ie GBC so they are privileged and he hasn't waived that privilege. But I will look into it a bit more.

 

[marlywings]

Posting in a list of the witnesses from Day 1.

Kerry Anne Walker - Allison's best friend

Julie Tzvetkoff,
Kim Tzvetkoff
Susan Braun,
David Jenkinson,
Brian Mason
Anne Whittle
Brian Mason's wife

Forensic pathologist Dr Nathan Milne
Dr Leslie Griffiths, a medical forensic officer

Prosecutor Danny Boyle told the court 42 witnesses would be cross-examined by defence lawyers at the hearing.

Which leaves another 32 still to be called up.

 

[alioop]

I don't know what the legalities are regarding interviewing children or even calling them to give evidence. I would assume there is a minimum age where a child's recollections can be trusted and when questioning is allowed.

In my opinion all 3 children would have been interviewed by police with the Dickie's consent after their father's arrest though probably not before as he would likely not have agreed to it. Though I don't think it is likely that they would be required to give evidence due to their young age and that he is their father.

 

[Zim]

I am still very puzzled as to how the girls could possibly have slept through all of the things that the neighbours heard?

Phenergen ! (sp?)

 

[KG1]

Posting in a list of the witnesses from Day 1.

Kerry Anne Walker - Allison's best friend

Julie Tzvetkoff,
Kim Tzvetkoff
Susan Braun,
David Jenkinson,
Brian Mason
Anne Whittle
Brian Mason's wife

Forensic pathologist Dr Nathan Milne
Dr Leslie Griffiths, a medical forensic officer

Prosecutor Danny Boyle told the court 42 witnesses would be cross-examined by defence lawyers at the hearing.

Which leaves another 32 still to be called up.

Marly,also Fiona Glenn White, who couldn't remember which night she heard what she heard.

 

[KG1]

In my opinion all 3 children would have been interviewed by police with the Dickie's consent after their father's arrest though probably not before as he would likely not have agreed to it. Though I don't think it is likely that they would be required to give evidence due to their young age and that he is their father.

Does anyone recall one of the girls stating at school to another person, that she was not allowed to say anything to anyone until the 'debrief'? The 'debrief' was obviously at the elder BC's house, which is where they were staying immediately after Allison was missing.

 

[KG1]

Phenergen ! (sp?)

Maybe events happened more outside the house than inside, and therefore children may not have heard as much as neighbours did, carried on the night stillness.

 

[Happygolucky]

I have only just got home this even after being out in the evening. I spent the day in court and have been pondering on the day. I am yet to review my notes again. Some aspects came across less strong than I expected. Short sharp alarmed human noises that nobody went outside to investigate or call the police don't necessarily mean a furious fight. Various dogs barking or howling doesn't necessarily mean a sinister human connotation. The coroner admitted he could not determine a cause of death. In fact after examining the body he did not say he made the conclusion Alison had been murdered. The Zoloft levels in the liver were not alarming but the Mr Davies successfully established a pattern of depression over a large number of years and more is sure to come because he detailed doctors visits on 24th August 2011 when she was worried, teary and had lower mood and 19th March 2012 when Zoloft prescription was increased from 50 mg to 100 mg when she was experiencing moods swings. I am sure more of this line of questioning will continue. I was actually in a position where I could observe GBCs demeanour in the morning. Unlike some members I did not have alarm bells ringing. OW when she came in during the breaks to speak with GBC looked worried and concerned. I am sure much more will be revealed in coming days. However, if I was hearing the evidence "fresh" today without have read this site and news articles I would not have found him guilty beyong reasonable doubt on the evidence so far.

 

[alioop]

I googled the rear of the captiva and it looks like a upward lift, the hinges appear up near the roof. Alioop has a captiva or we may hear from an owner.

Yes you are correct TGY. It is an upward lift and when I pull it down I have to do a big pull to make it slam otherwise it sometimes doesn't close properly and I have to do it again. It is quite high to pull down. I have a couple of shortly statured friends and they have had trouble reaching the pull handle to close it.