Amee
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- May 9, 2012
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From the phone forensics report by Neil Robertson:
"58. On exhibit 48885-4225, I observed a delivered SMS message "Al, getting concerned where are you? The app doesn't say either? H and S now up. I'm dressed and about to make lunches. Please just text me back or call!". I observed this SMS message was sent on 20th April 2012 at 6:41 AM. The context "The app doesn't say either? " infers the usage of an iPhone application.
On exhibit 48885-4225, I observed the 'Find My Friends' application was installed on this
iPhone and the login user ID to sign into this application is 'gerardbc@century21westside.com.au'. As mentioned in paragraph 52, the first date and time entry of an application I observe being used in the CellLocationlocal table on exhibit 48885-4225 is 2O/04/2012 at 10:49am. Therefore, in my opinion it is likely that when this SMS message was sent on 20th April 2012 at 6:41 AM., the application Find My Friends was never used."
I think this is very incriminating and I can't see where this evidence has been refuted. GBC sends Allison an SMS saying he has attempted to find her using the FindMyFriends app when in fact he hadn't used that app on his phone prior to sending the text. (The expert says that the app only works on mobile devices).
Why on earth would he say that in a text at 6:41am when he is supposed to have been seriously looking for her?
I agree with Justice Applegarth it was a stupid thing to say.
Mr Doyle said Baden-Clay had a 'find my friends' application on his phone but at 6.41am on April 20 it was "likely it had never been used".
Justice Applegarth: "It would be a pretty stupid thing to say you had used that application when you hadn't."
http://www.couriermail.com.au/news/...re-supreme-court/story-e6freoof-1226536987434