Gerard Baden Clay's murder appeal

[Couldbe]

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.

...... and without a retrial, chance has been missed.
JMO
My thinking has been that Prosecution should make the Appeal to the High Court on their grounds; thereby beating Defence to appeal against Manslaughter verdict (because if not evidence to prove murder, then without an admission by Gerard then what 'different' evidence actually proves manslaughter ....... not just hypothetical).

I feel that it should be restored to Murder verdict because of ambiguous reasons given by Appeal Court Judges, and points of interpretation of Trial Judge's advice on evidence heard and seen during the trial.

 

[Fuskier]

FYI
http://www.sunshinecoastdaily.com.a...eal-baden-clays-downgraded-convictio/2884958/

Prosecutor to appeal Baden-Clay's downgraded conviction
by Kerri-Anne Mesner, 29th Dec 2015.

Director of Public Prosecutions Michael Byrne, QC, informed the Government before Christmas he intended to file for special leave for an appeal on January 4 - the eve of an appeal deadline and same day the High Court's registry reopens after its holiday shutdown...

 

[Fuskier]

FYI
http://www.dailymail.co.uk/news/art...y-s-murder-conviction-death-wife-Allison.html

Not smiling now: Top prosecutor to launch High Court appeal to reinstate Gerard Baden-Clay's murder conviction it was downgraded to manslaughter
By LOUISE CHEER and EMILY CRANE and RACHEL EDDIE, 29 December 2015.

.Prosecutors plan to appeal downgrading of Gerard Baden-Clay's murder conviction
.Director of Public Prosecutions Michael Byrne told the Qld Government he would lodge appeal on January 4
.Mr Byrne reportedly spent his Christmas holidays working on the appeal
.Thousands of people have protested against the shock court decision
.Former real estate Baden-Clay killed his wife, Allison, in 2012 in Brisbane...

 

[BreakingNews]

So if we are back to the insurance again, Daddy BC stated in court quite clearly (too clearly in my opinion) that he told GBC to phone the insurance company after Allison disappeared. GBC from memory confirmed this during his tirade in the witness box.

 

[crabstick]

Sorry if this has already been posted. Ive just spent 20minutes looking for the thread

Director of Public Prosecutions plans to appeal downgrading of Gerard Baden-Clay's conviction for killing wife Allison: reports
Read more at http://www.9news.com.au/national/20...n-clay-conviction-allison#sBlgTuDHADrPQSK1.99

 

[Mountain Misst]

So if we are back to the insurance again, Daddy BC stated in court quite clearly (too clearly in my opinion) that he told GBC to phone the insurance company after Allison disappeared. GBC from memory confirmed this during his tirade in the witness box.

Yes NBC's excuse was that they would need to be informed (as soon as possible). There was something about being behind with the premiums as well, if I remember correctly.

 

[they'll get you]

Yes NBC's excuse was that they would need to be informed (as soon as possible). There was something about being behind with the premiums as well, if I remember correctly.

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

 

[Mountain Misst]

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

Sorry to butt in here, BUT it wasn't a triangulation of phone pings. Allison's phone location came up on an app in GBC's phone. That's why the search of the property behind their house was done. Trouble is that there was a big gap in time - about 5-6 hours between when the phone app was accessed in front of GBC and the search.
The discussion re the 'find my phone' app that both GBC and ABC had is in this court document - starts about page 18. http://bit.ly/1PtprTL

 

[Fluffykins]

.Prosecutors plan to appeal downgrading of Gerard Baden-Clay's murder conviction
.Director of Public Prosecutions Michael Byrne told the Qld Government he would lodge appeal on January 4
.Mr Byrne reportedly spent his Christmas holidays working on the appeal
.Thousands of people have protested against the shock court decision
.Former real estate Baden-Clay killed his wife, Allison, in 2012 in Brisbane...

RSBM & BBM
Huge thanks to Michael Byrne for giving up his Christmas holidays to work on the appeal. :tyou::tyou::tyou:

 

[Couldbe]

Sorry to butt in here, BUT it wasn't a triangulation of phone pings. Allison's phone location came up on an app in GBC's phone. That's why the search of the property behind their house was done. Trouble is that there was a big gap in time - about 5-6 hours between when the phone app was accessed in front of GBC and the search.
The discussion re the 'find my phone' app that both GBC and ABC had is in this court document - starts about page 18. http://bit.ly/1PtprTL

Thank you Mountain Misst ...... the way I read on pages 19 & 20, the app wasn't working because it wasn't turned on in Allison's phone; a message was left on her phone by S Sgt Curtis.

you have jogged my memory that (maybe in another Statement) it had worked when it was tried by Police and said that the location was behind their house.

 

[Mountain Misst]

Thank you Mountain Misst ...... the way I read on pages 19 & 20, the app wasn't working because it wasn't turned on in Allison's phone; a message was left on her phone by S Sgt Curtis.

you have jogged my memory that (maybe in another Statement) it had worked when it was tried by Police and said that the location was behind their house.

The triangulation of the phone was "Police said they had yesterday managed to triangulate Mrs Baden-Clay's iPhone, before the battery ran flat, to a location spanning three suburbs in Brisbane's west. ... Brookfield (including Upper Brookfield), Kenmore and Pullenvale - to search their properties for any sign of the mum or her mobile phone."

http://www.couriermail.com.au/news/...urbs-of-brisbane/story-e6freoof-1226338302828

From this I would expect that the phone didn't go into Kholo Creek.

As for the 'Find my phone app' - "The recording was interrupted by a police officer to say Allison Baden-Clay’s phone had been triangulated and was somewhere at the back of the property." By that he meant with the 'find my friend' app. I can remember an image in the CM at the time with the example of a 'red dot' over the back fence and at the rear of the neighbours property.


http://www.couriermail.com.au/news/...ing-wife-allison/story-fnihsrf2-1226957998156

 

[they'll get you]

This article is now behind a paywall.

It says refuges prepare for an influx since Baden-Clay's sentence was overturned.


http://www.theaustralian.com.au/new...s/news-story/7e33d728b29eec1a3c0eb1192dd6df81

 

[they'll get you]

It is understood search crews were told the iPhone would be found in an area believed to be near the two neighbours and the Baden-Clay property itself.
Up to 20 police officers searched the neighbouring properties and dozens of SES volunteers returned around 4pm to look again.


http://www.news.com.au/national/hop...d-at-kholo-creek/story-e6frfkvr-1226343535002

 

[Mountain Misst]

Am like a dog with a bone - as so many here, I have a whole file of notes. I've found when the 'find my friend app' was accessed - Police officer Kellie Thomson statement - she checked the phone app at 11:43am on 20th April 2012. The court document was tendered at the 2nd bail hearing.

http://bit.ly/1ZynBph

 

[Pi Thoughts]

Am like a dog with a bone - as so many here, I have a whole file of notes. I've found when the 'find my friend app' was accessed - Police officer Kellie Thomson statement - she checked the phone app at 1:09pm on 20th April 2012.

So if anyone can find her statement I'd be obliged as would give a link for my notes.

Hope this attachment is ok MM. Page 4 makes reference to the 1.09 pm attempt.

http://www.websleuths.com/forums/attachment.php?attachmentid=30830&d=1363406115

 

[Mountain Misst]

How could any of us forget this image from the CM. We waited for the digital copies

 

[Couldbe]

RSBM & BBM
Huge thanks to Michael Byrne for giving up his Christmas holidays to work on the appeal. :tyou::tyou::tyou:

Wonder if he is liaising with Todd Fuller and Danny Boyle on this.

Points that the appeal would be addressing are probably not just what most of us think are relevant to prove intent; certainly beyond my knowledge of the legal aspects.

Back on Allison's phone ........ I had been hoping that a bulldozer had uncovered it during renovations to the house and garden a little while ago.

 

[crabstick]

Please put the title of the article in your post. Thanks

Google search Title: Refuges bracing for an influx of domestic violence victims

This article is now behind a paywall.

It says refuges prepare for an influx since Baden-Clay's sentence was overturned.


http://www.theaustralian.com.au/new...s/news-story/7e33d728b29eec1a3c0eb1192dd6df81

Could be sewerage pipe, or septic tank. Metal detector?

It was a smart-phone sending GPS I/O streams?

Wonder if he is liaising with Todd Fuller and Danny Boyle on this.

Points that the appeal would be addressing are probably not just what most of us think are relevant to prove intent; certainly beyond my knowledge of the legal aspects.

Back on Allison's phone ........ I had been hoping that a bulldozer had uncovered it during renovations to the house and garden a little while ago.

Ok, so they did both tower tri and I/O stream location. Deviation can be 8 metres, more if underground etc. Or last recorded location if it is damaged.

The triangulation of the phone was "Police said they had yesterday managed to triangulate Mrs Baden-Clay's iPhone, before the battery ran flat, to a location spanning three suburbs in Brisbane's west. ... Brookfield (including Upper Brookfield), Kenmore and Pullenvale - to search their properties for any sign of the mum or her mobile phone."

http://www.couriermail.com.au/news/...urbs-of-brisbane/story-e6freoof-1226338302828

From this I would expect that the phone didn't go into Kholo Creek.

As for the 'Find my phone app' - "The recording was interrupted by a police officer to say Allison Baden-Clay’s phone had been triangulated and was somewhere at the back of the property." By that he meant with the 'find my friend' app. I can remember an image in the CM at the time with the example of a 'red dot' over the back fence and at the rear of the neighbours property.


http://www.couriermail.com.au/news/...ing-wife-allison/story-fnihsrf2-1226957998156

Account overdrawn? Accounts direct debit bouncing? to life insurance policy?

Did both GBC and ABC have financial difficulties at the time?

Yes NBC's excuse was that they would need to be informed (as soon as possible). There was something about being behind with the premiums as well, if I remember correctly.

 

[Trooper]

As expected, the QLD DPP is going to appeal the decision re the downgrading of the charge to manslaughter.. ..January 4th, I think, is when the appeal will be submitted.

These things get their own momentum and law can be quoted till kingdom come, if the public is discombobulated and community expectations are not met, things happen.

I honestly expect the DPP's appeal to be upheld, also. . .. maybe I'm an eternal optimist..

When people , that is, taxpayers and voters, take the trouble to gather together publicly , it is usually a sign that things are not being accepted, wont be accepted and a change is in the pipeline.

 

[BreakingNews]

As expected, the QLD DPP is going to appeal the decision re the downgrading of the charge to manslaughter.. ..January 4th, I think, is when the appeal will be submitted.

These things get their own momentum and law can be quoted till kingdom come, if the public is discombobulated and community expectations are not met, things happen.

I honestly expect the DPP's appeal to be upheld, also. . .. maybe I'm an eternal optimist..

When people , that is, taxpayers and voters, take the trouble to gather together publicly , it is usually a sign that things are not being accepted, wont be accepted and a change is in the pipeline.

Trooper, I tend to share your optimism. There were so many indications of his intent; put them all together and to my way of thinking it shouts out BEYOND REASONABLE DOUBT