Gerard Baden Clay's murder appeal

[Couldbe]

When the Defence requested that the Trial charge of Murder be dropped and changed to Unlawful Killing, one can ponder what was behind their request:-

JMO
Firstly, they must have been fearful of a Jury finding him guilty to that charge;

Second: They must have wanted the opportunity to plead guilty to Manslaughter (thereby reducing the sentence);

Third: They could continue in the Trial and to sway the focus and their defence away from even the lesser Manslaughter angle and onto Allison somehow dying from her own hand / accident;

It was a gamble:
….. it was the opportunity to at least have the sentence minimised if the Trial Judge could be convinced to change the Murder charge. Questioning would have been focussed on Manslaughter, and maybe a denial by Gerard would have been unsuccessful; or
….. use it as grounds for their Appeal; which resulted in a Manslaughter verdict anyway, but without any questioning with regard to Manslaughter / and no admission.

Thereby leaving it open for Gerard to instruct his Defence team to apply to the High Court.

 

[Fluffykins]

Yes, Gerard lied (probably many times) but did the prosecution satisfactorily prove beyond reasonable doubt that this could NOT have been the result of an accident and subsequent panic? You could put forward the argument that a person who accidentally killed another would not go to such lengths to conceal the truth but the fact is that it happens more often than you might imagine, I can recall several QLD cases off the top of my head.

BBM. Gerard lied, probably many times? Probably?

I also just have a general question for those who are seeking change to the law (to paraphrase), what is it that you want to change?

I'm not seeking change to the law, I am otherwise occupied, but what I want to see changed is a slimeball like Baden-Clay being given the benefit of the doubt on a point of law that Blind Freddie can see doesn't apply in his case.

 

[BreakingNews]

Allison's phone was triangulated in the area around their house on the morning Gerard reported her missing.

I have always wondered if it contained incriminating fingerprints or even a revealing photo.

So who outsmarted the Police and all the searchers in getting rid of Allison's mobile phone' never to be seen again?

Could Be, I have dreamed about finding Allison's phone on at least 2 occasions in the early days. I keep seeing a bus stop and tree. But it was just a dream.

 

[BreakingNews]

BBM. Gerard lied, probably many times? Probably?





I'm not seeking change to the law, I am otherwise occupied, but what I want to see changed is a slimeball like Baden-Clay being given the benefit of the doubt on a point of law that Blind Freddie can see doesn't apply in his case.

Yes, Blind Freddie can see 'beyond reasonable doubt' that the intend to get rid of Allison was definitely on GBC's agenda.

 

[Couldbe]

Could Be, I have dreamed about finding Allison's phone on at least 2 occasions in the early days. I keep seeing a bus stop and tree. But it was just a dream.

Always envisaged the phone turning up at the 11th hour.

 

[they'll get you]

Channel9 this morning reported that police CAN prove Baden-Clod murdered Allison for the insurance money.

Police can prove this from the phone calls to the insurance company BEFORE and AFTER the discovery of Allison's body.

(Why now? AND what are you waiting for??)

 

[they'll get you]

Cunning as a gutter rat.


Gerard Baden-Clay charge: Call to insurer may have proved murder

POLICE believe they could show Gerard Baden-Clay murdered his wife Allison for money, using evidence including a shock call to her life insurers days before the killing that prosecutors did not pursue.

The Courier-Mail can reveal detectives found Baden-Clay phoned the insurer a week before he killed his wife but was told he could not be given any information because he was not the policyholder.

But the prosecution’s decision not to focus on the insurance – almost $1 million – was cited in the appeal court’s decision to controversially downgrade his murder conviction to manslaughter.

Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson found in a 14-page decision, which has divided the legal community, there was “no evidence of a motive in the sense of a reason to kill”.




http://www.couriermail.com.au/news/...r/news-story/6dbccbe02c1d76e63487a2d2ff97a86a

 

[Sor Juana]

Channel9 this morning reported that police CAN prove Baden-Clod murdered Allison for the insurance money. Police can prove this from the phone calls to the insurance company BEFORE and AFTER the discovery of Allison's body. (Why now? AND what are you waiting for??)

I understand from the article that the prosecutors did not persue that first call to insurer because they had enough and diverse evidence to try him for murder. Possibly, they also had time constraints and could not see the importance of that particular bit of evidence - which is kind of naive of them, IMHO.

 

[Sor Juana]

Allison's phone was triangulated in the area around their house on the morning Gerard reported her missing. I have always wondered if it contained incriminating fingerprints or even a revealing photo. So who outsmarted the Police and all the searchers in getting rid of Allison's mobile phone' never to be seen again?

My gut feeling tells me that GBC dropped the phone in water under the bridge.

 

[Couldbe]

I understand from the article that the prosecutors did not persue that first call to insurer because they had enough and diverse evidence to try him for murder. Possibly, they also had time constraints and could not see the importance of that particular bit of evidence - which is kind of naive of them, IMHO.

Haven't read this latest C-M article, but from memory, it was discussed at the Committal.

I am still reeling from this verdict downgrading, and badly want to trust this will be put right.

 

[Couldbe]

My gut feeling tells me that GBC dropped the phone in water under the bridge.

..... but what about it being triangulated around the house?

 

[Couldbe]

My gut feeling tells me that GBC dropped the phone in water under the bridge.

With regard to mobile phones - I had always thought if Gerard's mobile phone (and Allison's mobile phone if it had travelled out to the bridge) had been taken with him (or whomever took Allison's body out there) ..... would have recorded pinging as it travelled by the various Telstra cell towers on the way out there in the vehicle;
and that evidence would have been available to the Police!

Had deduced that his mobile didn't travel with him out there.

Would this amount to meticulous planning, not panic action!

 

[they'll get you]

(Daddy would have known these loopholes).

On April 17, two days before her death, Allison emailed the financial adviser to cut her life insurance by $200,000 to save on premiums.

The adviser contacted insurers that day, but the cut did not come into effect immediately.

By killing his wife at their Brookfield home on the night of April 19, Baden-Clay avoided the insurance being slashed.

http://www.couriermail.com.au/news/...r/news-story/6dbccbe02c1d76e63487a2d2ff97a86a

 

[they'll get you]

I've never seen this pic before.



http://www.couriermail.com.au/news/...r/news-story/6dbccbe02c1d76e63487a2d2ff97a86a

 

[they'll get you]

(I think detectives are working on this. Where there's smoke there's fire).

Since the decision to downgrade his conviction, Baden-Clay’s case may go to the High Court as questions arise about whether the disgraced and broke inmate could make a claim on his wife’s $800,000 life insurance payout.

After he killed his wife Allison in 2012, Baden-Clay attempted to claim on her two life insurance policies, a TAL Life Limited policy worth $412,000 in 2012 and a Suncorp Life and Superannuation policy that was worth more than $347,000 in 2013.

http://www.westfieldtimes.com/uk/ge...surers-every-week-before-he-killed-her/50556/



Detectives believe they could show Gerard Baden-Clay was financially motivated to kill his wife Allison despite an appeal's decision saying there was no evidence of a motive to kill when his murder conviction was downgraded to manslaughter.

http://www.dailymail.co.uk/news/art...-Allison-s-life-insurers-week-killed-her.html

 

[they'll get you]

Could this downgrade been a ploy for BC to admit harming Allison? Then ah ah gotcha? I bloody well hope so! Did the cops get too confident not to use these calls to the insurance in the trial?

(This is frightening)
Since the decision to downgrade his conviction, Baden-Clay's case may go to the High Court as questions arise about whether the disgraced and broke inmate could make a claim on his wife's $800,000 life insurance payout.

http://www.dailymail.co.uk/news/art...-Allison-s-life-insurers-week-killed-her.html

 

[Couldbe]

Could this downgrade been a ploy for BC to admit harming Allison? Then ah ah gotcha? I bloody well hope so! Did the cops get too confident not to use these calls to the insurance in the trial?

(This is frightening)
Since the decision to downgrade his conviction, Baden-Clay's case may go to the High Court as questions arise about whether the disgraced and broke inmate could make a claim on his wife's $800,000 life insurance payout.

http://www.dailymail.co.uk/news/art...-Allison-s-life-insurers-week-killed-her.html

They’ll Get You, not sure what you are meaning

Are you thinking that the Defence could have continued to appeal to the High Court to have the previous Murder verdict overturned ……. which may have resulted in a retrial?
Give himself another go at ‘making himself clear’ when he took the stand.
………. And being cleared of any killing involvement and have access to the insurance money.

……… and so the Appeal Judges made the decision to downgrade to Manslaughter in order to try and induce an admission from him in order to reduce his new sentence ....... the Appeal Judges thereby ensuring that he would not have the right to claim insurance money?

 

[they'll get you]

Channel 9. NOW.
(Yippeeee)

January 4th appeal Queensland's top prosecutor wants murder conviction reinstated.

 

[they'll get you]

Director of Public Prosecutions plans to appeal downgrading of Gerard Baden-Clay's conviction for killing wife Allison

Queensland's Director of Public Prosecutions is reportedly planning to lodge an appeal over the downgrading of Gerard Baden-Clay's conviction for killing his wife Allison.

The Director of Public Prosecutions, Michael Byrne QC, has told Premier Annastacia Palaszczuk that he plans to lodge an appeal next week, according to the Courier-Mail.

He will reportedly lodge the documents when courts reopen.

http://www.9news.com.au/national/20...ading-of-gerard-baden-clay-conviction-allison

 

[Fuskier]

I remain uncomfortable that much evidence was 'in existence' pointing to 'intent' which was not included in the case against GBC before the Court. My opinion only.