Thanks BreakingNews, wonder if you can cite the court list entry for us please? That would be helpful IMO.
Gerard Baden Clay's murder appeal
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Thanks BreakingNews, wonder if you can cite the court list entry for us please? That would be helpful IMO.
BreakingNews
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High Court of Australia
LIST OF BUSINESS FOR SITTINGS AT
BRISBANE
BEFORE THE FULL COURT
COMMENCING ON MONDAY, 25 JULY 2016
No. Appellant Respondent Court appealed from
1. Lyons State of Queensland
(B16/2016)
Supreme Court of Queensland
(Court of Appeal)
[2015] QCA 159
2. The Queen Baden-Clay
(B33/2016)
Supreme Court of Queensland
(Court of Appeal)
[2015] QCA 265
3. Australian Competition &
Consumer Commission
Flight Centre Travel Group Limited
ACN 003 377 188
(B15/2016)
Full Court of the Federal Court
of Australia
[2015] FCAFC 104
It is requested that notice be given to Carolyn Rogers, Senior Registrar, of any cases which may be discontinued.
ANDREW PHELAN
CHIEF EXECUTIVE AND PRINCIPAL REGISTRAR
http://www.hcourt.gov.au/assets/registry/business-lists/2016/25-07-16BL.pdf
LIST OF BUSINESS FOR SITTINGS AT
BRISBANE
BEFORE THE FULL COURT
COMMENCING ON MONDAY, 25 JULY 2016
No. Appellant Respondent Court appealed from
1. Lyons State of Queensland
(B16/2016)
Supreme Court of Queensland
(Court of Appeal)
[2015] QCA 159
2. The Queen Baden-Clay
(B33/2016)
Supreme Court of Queensland
(Court of Appeal)
[2015] QCA 265
3. Australian Competition &
Consumer Commission
Flight Centre Travel Group Limited
ACN 003 377 188
(B15/2016)
Full Court of the Federal Court
of Australia
[2015] FCAFC 104
It is requested that notice be given to Carolyn Rogers, Senior Registrar, of any cases which may be discontinued.
ANDREW PHELAN
CHIEF EXECUTIVE AND PRINCIPAL REGISTRAR
http://www.hcourt.gov.au/assets/registry/business-lists/2016/25-07-16BL.pdf
http://www.hcourt.gov.au/assets/registry/case-summaries/2016/ShortParticulars_BRIS_July16.pdf
Dates for the 3 cases above and short summaries of the issues.
The Foxtel story was worth watching. There was a lot going on behind the scenes. The pretty reporter who did that first interview featured strongly throughout.
She instinctively knew that this was not just a "missing person report". She must expressed her thoughts to her work colleagues. They asked her if he had any scratch marks on his face. She replied that she hadn't actually noticed, she was more occupied in the interview.
They all looked more carefully at the footage and noticed that there were indeed scratch marks on his face, and that he had been careful to SHIELD that side of his face from the camera.
The forensic fellow had been extremely THOROUGH.
The canoeist was interviewed and was also very careful and helpful.
Then......It was plain that there were two very different separate camps during the search. These were referred as Team A and Team B.
Team A was the Dickie team who were more than helpful and co-operative.
Team B was the house of Clay team, whose behaviour was questionable to say the least.
This entire matter raised a very large red flag to all concerned.
All concerned appeared to recognize that they were dealing a very slippery character.
This character was going to require extreme thoroughness to be able to be nailed. Dotting all the i's and crossing all t's became paramount.
He was referred as a phony. That was about the most polite thing that was said of Gerard Baden Clay.
Although none of this may surprise any-one here, what did surprise me was the huge amount of stuff that went on behind the scenes.
Well put together.
She instinctively knew that this was not just a "missing person report". She must expressed her thoughts to her work colleagues. They asked her if he had any scratch marks on his face. She replied that she hadn't actually noticed, she was more occupied in the interview.
They all looked more carefully at the footage and noticed that there were indeed scratch marks on his face, and that he had been careful to SHIELD that side of his face from the camera.
The forensic fellow had been extremely THOROUGH.
The canoeist was interviewed and was also very careful and helpful.
Then......It was plain that there were two very different separate camps during the search. These were referred as Team A and Team B.
Team A was the Dickie team who were more than helpful and co-operative.
Team B was the house of Clay team, whose behaviour was questionable to say the least.
This entire matter raised a very large red flag to all concerned.
All concerned appeared to recognize that they were dealing a very slippery character.
This character was going to require extreme thoroughness to be able to be nailed. Dotting all the i's and crossing all t's became paramount.
He was referred as a phony. That was about the most polite thing that was said of Gerard Baden Clay.
Although none of this may surprise any-one here, what did surprise me was the huge amount of stuff that went on behind the scenes.
Well put together.
Not sure if this helps... but I would like to add some thoughts from personal experience. And a bit of age....
It is said that ....
Though the mills of God grind slowly, yet they grind exceeding small; Though with patience He stands waiting, with exactness grinds He all.
Also......
"You may fool all the people some of the time; you can even fool some of the people all the time; but you cant fool all of the people all the time."
I am also quite aware that there may be strong outside influences that have been at work throughout, to alter the course of honesty, truth, integrity and justice.
May the two age-old maxims written above outweigh this other.
Allison June Dickie Baden Clay, touched so many souls, with so much positively.
It is said that ....
Though the mills of God grind slowly, yet they grind exceeding small; Though with patience He stands waiting, with exactness grinds He all.
Also......
"You may fool all the people some of the time; you can even fool some of the people all the time; but you cant fool all of the people all the time."
I am also quite aware that there may be strong outside influences that have been at work throughout, to alter the course of honesty, truth, integrity and justice.
May the two age-old maxims written above outweigh this other.
Allison June Dickie Baden Clay, touched so many souls, with so much positively.
Ochre Blue
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Bring on the appeal!
Hope that the murder conviction is re-installed!
Justice for Allison RIP!
Hope that the murder conviction is re-installed!
Justice for Allison RIP!
http://www.brisbanetimes.com.au/com...ilable-now-20140808-101vsm.html#ixzz39qTGBfIK
I downloaded this last night; nothing we didn't know, but it's almost a booklet of the trial by msm. Someone here linked to it, but I can't find it again; but thank you to whoever that was!
I also never thought about the woman who saw the two cars around the creek that night. Again, all these 'coincidences' - they say no it didn't happen like that; but they cannot offer a viable alternative. The worst bit; we cannot rely 100% that our highest court will see common sense. Surely this will set an awful precedent if manslaughter is upheld?
I downloaded this last night; nothing we didn't know, but it's almost a booklet of the trial by msm. Someone here linked to it, but I can't find it again; but thank you to whoever that was!
I also never thought about the woman who saw the two cars around the creek that night. Again, all these 'coincidences' - they say no it didn't happen like that; but they cannot offer a viable alternative. The worst bit; we cannot rely 100% that our highest court will see common sense. Surely this will set an awful precedent if manslaughter is upheld?
http://www.brisbanetimes.com.au/quee...13-goujtv.html
Gerard Baden-Clay's Penultimate Day in Court:
A full bench of the High Court of Australia will sit in Brisbane on 26 July 2016 to hear an appeal against the controversial downgrading of the murder conviction to manslaughter. The bench will comprise of up to seven of the most senior figures of the Australian judiciary, will then take between three and six months before making the final ruling.
Their ruling will be final. There are no further avenues for appeal.
Following on, we should have the High Court of Australia's ruling sometime between October 2016 to December 2016.
Gerard Baden-Clay's Penultimate Day in Court:
A full bench of the High Court of Australia will sit in Brisbane on 26 July 2016 to hear an appeal against the controversial downgrading of the murder conviction to manslaughter. The bench will comprise of up to seven of the most senior figures of the Australian judiciary, will then take between three and six months before making the final ruling.
Their ruling will be final. There are no further avenues for appeal.
Following on, we should have the High Court of Australia's ruling sometime between October 2016 to December 2016.
http://blogs.unimelb.edu.au/opinionsonhigh/about-the-high-court/operation-of-the-court/
Some excerpts:
Why is the High Court Important?
As the final court of appeal in Australia, it is charged with deciding the correct interpretation and application of Australias laws. To this end, the Court also has a law-making role.
The Court has the final word on the interpretation and application of all Australian laws, including state and federal laws, and the common law....
How Does a Matter Progress through the Court?
Although the precise way varies between cases, there are three distinct phases:
Preparing the submissions (completed by the lawyers for the parties)
Conducting the hearing (involving both the lawyers and the Court) and
Producing the verdict and written reasons for judgment (the Court).
Preparing the Submissions
Written submissions allow the Justices to understand each partys arguments before the hearing...
Hearing: Before the Court
High Court cases generally take one half to one full day of the Courts time. However, highly complex matters may require two or more hearing days...
Judgment: The Courts Decision
Before and after hearings, the Justices meet in conference to discuss the issues raised by the case and impressions of the arguments contained in the written submissions or submitted in oral argument. Following the hearing, however, is when Justices begin to prepare reasons for judgment, using the materials from the hearing...
Once each judgment is finalised and proofed, the Courts orders and catchwords for the decision are written and reviewed. Finally, each Justices reasons are signed and handed down in the Court...
:lookingitup:
Some excerpts:
Why is the High Court Important?
As the final court of appeal in Australia, it is charged with deciding the correct interpretation and application of Australias laws. To this end, the Court also has a law-making role.
The Court has the final word on the interpretation and application of all Australian laws, including state and federal laws, and the common law....
How Does a Matter Progress through the Court?
Although the precise way varies between cases, there are three distinct phases:
Preparing the submissions (completed by the lawyers for the parties)
Conducting the hearing (involving both the lawyers and the Court) and
Producing the verdict and written reasons for judgment (the Court).
Preparing the Submissions
Written submissions allow the Justices to understand each partys arguments before the hearing...
Hearing: Before the Court
High Court cases generally take one half to one full day of the Courts time. However, highly complex matters may require two or more hearing days...
Judgment: The Courts Decision
Before and after hearings, the Justices meet in conference to discuss the issues raised by the case and impressions of the arguments contained in the written submissions or submitted in oral argument. Following the hearing, however, is when Justices begin to prepare reasons for judgment, using the materials from the hearing...
Once each judgment is finalised and proofed, the Courts orders and catchwords for the decision are written and reviewed. Finally, each Justices reasons are signed and handed down in the Court...
:lookingitup:
Regarding the supposedly "Unintentional Death of Allison Baden Clay" that his lawyers are trying to portray...
One would also expect that the following matters might be taken into account whilst deliberating same:
Were Baden Clay's lies unintentional?
Was his carefully woven web of deceit unintentional?
Were the shaving cuts over the scratch marks unintentional?
Was calling the Insurance Company after a body was found but before that same body was formerly identified, unintentional?
Was the car crash on the way to having his torso photographed catalogued and reported correctly, unintentional?
Was his lack of assistance unintentional?
Was his Performance on the stage.... or at the Court house unintentional?
Was shielding the scratched side of his face from the television camera during that first interview, unintentional?
Was proffering the Zoloft, depression and suicide theory unintentional?
Was offering a story about a leaky bladder in Court necessary, remotely relevant, or unintentional?
Was attempting to sully the reputation of a deceased person, unintentional?
Was his lack of remorse unintentional?
"They argued. They struggled. She fell. He panicked."
Not once was this scenario ever be portrayed. On the contrary, and very much fortified.
One would also expect that the following matters might be taken into account whilst deliberating same:
Were Baden Clay's lies unintentional?
Was his carefully woven web of deceit unintentional?
Were the shaving cuts over the scratch marks unintentional?
Was calling the Insurance Company after a body was found but before that same body was formerly identified, unintentional?
Was the car crash on the way to having his torso photographed catalogued and reported correctly, unintentional?
Was his lack of assistance unintentional?
Was his Performance on the stage.... or at the Court house unintentional?
Was shielding the scratched side of his face from the television camera during that first interview, unintentional?
Was proffering the Zoloft, depression and suicide theory unintentional?
Was offering a story about a leaky bladder in Court necessary, remotely relevant, or unintentional?
Was attempting to sully the reputation of a deceased person, unintentional?
Was his lack of remorse unintentional?
"They argued. They struggled. She fell. He panicked."
Not once was this scenario ever be portrayed. On the contrary, and very much fortified.
JMO:-
His expectations following Murder:-
In planning:-
….. the scenario he would tell to Authorities when he reported Allison missing, would not have included for him to be suspected/charged;
…..he would dispose of her phone, and there would be no evidence which would connect him to her death;
….. he would dispose of her body in a manner that no evidence of his personal connection would be remain to be found;
….. restoring the Captiva to look ‘normal’ again (place toys, etc in the boot area, and some cleaning and hosing of wheels);
….. plant some ‘red herrings’ (empty boxes of medication in the vehicle / talk about her depression;
(….. scratches to his face/body would not have been anticipated; nor would blood remaining in the Captiva);
….. he thought it would be treated as a ‘missing person’ matter by Police; and he would receive lots of sympathy;
….. collecting Insurance money would be forthcoming;
….. he would be free to link up with Toni McHugh;
….. he would continue ‘business as usual’ with his Real Estate business.
THERE WOULD BE NO REMORSE OR GUILT FOR HIS ACTIONS, AND WOULD FOCUS ON THE ADVANTAGES TO HIM OF HER DEATH.
His expectations following Manslaughter:-
….. the scenario he would tell to Authorities when he reported Allison missing, would not have included for him to be suspected/charged;
….. he would dispose of her body in a manner that no evidence of his personal connection would be remain to be found;
….. he would have to make the scratches on his face look like they were caused solely by him shaving in a hurry;
….. restoring the Captiva to look ‘normal’ again (place toys, etc in the boot area, and some cleaning and hosing of wheels);
….. feel guilty about the injury he had caused to Allison;
….. feel guilty about allowing the widespread search that was being mounted to look for her;
FOLLOWING HIS PANIC AT WHAT HAD HAPPENED AND KNOWING HE MIGHT NOT HAVE MEANT TO CAUSE HARM TO HER, HE WOULD FEEL GUILT AND CERTAINLY WOULDN’T FOCUS ON FORTHCOMING INSURANCE MONEY SO SOON, THEREBY ACTING TO TURN HER DEATH INTO ADVANTAGES FOR HIM.
His expectations following Murder:-
In planning:-
….. the scenario he would tell to Authorities when he reported Allison missing, would not have included for him to be suspected/charged;
…..he would dispose of her phone, and there would be no evidence which would connect him to her death;
….. he would dispose of her body in a manner that no evidence of his personal connection would be remain to be found;
….. restoring the Captiva to look ‘normal’ again (place toys, etc in the boot area, and some cleaning and hosing of wheels);
….. plant some ‘red herrings’ (empty boxes of medication in the vehicle / talk about her depression;
(….. scratches to his face/body would not have been anticipated; nor would blood remaining in the Captiva);
….. he thought it would be treated as a ‘missing person’ matter by Police; and he would receive lots of sympathy;
….. collecting Insurance money would be forthcoming;
….. he would be free to link up with Toni McHugh;
….. he would continue ‘business as usual’ with his Real Estate business.
THERE WOULD BE NO REMORSE OR GUILT FOR HIS ACTIONS, AND WOULD FOCUS ON THE ADVANTAGES TO HIM OF HER DEATH.
His expectations following Manslaughter:-
….. the scenario he would tell to Authorities when he reported Allison missing, would not have included for him to be suspected/charged;
….. he would dispose of her body in a manner that no evidence of his personal connection would be remain to be found;
….. he would have to make the scratches on his face look like they were caused solely by him shaving in a hurry;
….. restoring the Captiva to look ‘normal’ again (place toys, etc in the boot area, and some cleaning and hosing of wheels);
….. feel guilty about the injury he had caused to Allison;
….. feel guilty about allowing the widespread search that was being mounted to look for her;
FOLLOWING HIS PANIC AT WHAT HAD HAPPENED AND KNOWING HE MIGHT NOT HAVE MEANT TO CAUSE HARM TO HER, HE WOULD FEEL GUILT AND CERTAINLY WOULDN’T FOCUS ON FORTHCOMING INSURANCE MONEY SO SOON, THEREBY ACTING TO TURN HER DEATH INTO ADVANTAGES FOR HIM.
HoolyDooly
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Well soon the die will be cast. All your posts have been food for thought. Just hope benchies get this right. Justice for Al.
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BreakingNews
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Good summary. Anyway there was absolutely no evidence from the autopsy that she fell and hit her head! All hogwash. IMOO
BreakingNews
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I was in court for all the Baden-Clay witness box theatrics. I think their rehearsals went really well because they all said the same lines, word-for-word most of the time. How can witnesses get their story so identical without careful practice.
Thanks BreakingNews. Can you expand on the name of those witnesses for us WS please?
http://www.couriermail.com.au/news/...t/news-story/34663e715aff56b66ce079ff31fac521
Gerard Baden-Clay sentence appeal: Second courtroom needed due to intense interest
David Murray, The Courier-Mail
A SECOND courtroom will be used to cater for interest in todays highly anticipated High Court hearing to decide the fate of convicted killer *Gerard Baden-Clay.
A High Court spokesman yesterday confirmed an overflow court would be available when the one-day hearing begins at the Commonwealth Law Courts in Brisbane at 10.15am...
Some seats will be reserved for family at todays hearing but seating will otherwise be available to the public and media on a first in first served basis, the spokesman said.
Gerard Baden-Clay sentence appeal: Second courtroom needed due to intense interest
David Murray, The Courier-Mail
A SECOND courtroom will be used to cater for interest in todays highly anticipated High Court hearing to decide the fate of convicted killer *Gerard Baden-Clay.
A High Court spokesman yesterday confirmed an overflow court would be available when the one-day hearing begins at the Commonwealth Law Courts in Brisbane at 10.15am...
Some seats will be reserved for family at todays hearing but seating will otherwise be available to the public and media on a first in first served basis, the spokesman said.
http://www.couriermail.com.au/news/q...e079ff31fac521
Gerard Baden-Clay sentence appeal: Second courtroom needed due to intense interest
David Murray, The Courier-Mail
Allison’s family is expected to attend; Police who worked on the case expected to attend; and legal observers who have taken a keen interest
because of the potential ramifications of the High Court’s decision.
Queensland Law Society president Bill Potts said the decision would have flow-on *effects to other cases.
“Certainly the legal fraternity in Queensland will be looking very closely,” he said...
Gerard Baden-Clay sentence appeal: Second courtroom needed due to intense interest
David Murray, The Courier-Mail
Allison’s family is expected to attend; Police who worked on the case expected to attend; and legal observers who have taken a keen interest
because of the potential ramifications of the High Court’s decision.
Queensland Law Society president Bill Potts said the decision would have flow-on *effects to other cases.
“Certainly the legal fraternity in Queensland will be looking very closely,” he said...
Mountain Misst
FA in Aus.
Wearing yellow today... Hugz all round.
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