Gerard Baden Clay's murder appeal

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I'm wondering if BC seniors helped fund the appeal with the proceeds of their house sale.
oops that might have been a mistake.
 
Director of Public Prosecutions Michael Byrne, QC, told the Government before Christmas that he is planning to file for special leave for an appeal on January 4, the Courier Mail reports.

January 4 is the eve of the appeal deadline and the day the High Court's registry reopens after the holiday break.

Mr Byrne has been tirelessly working on the appeal over the holiday period, the Courier Mail understands.

A statement from the *Office of the Director of Public Prosecutions said in a statement:

“The Director of Public Prosecutions had been independently considering if there are legal grounds to seek special leave to appeal the matter before High Court of Australia.

Gerard Baden-Clay's downgraded conviction from murder to manslaughter for the killing of his wife Allison triggered widespread outrage.

https://au.news.yahoo.com/a/3045383...over-baden-clays-new-manslaughter-conviction/
 
Plan to name bridge after Allison Baden-Clay dumped
December 15, 2015

PREMIER Annastacia Palaszczuk wants to meet with the family of Allison Baden-Clay to find an alternative memorial to her after the state decided against naming an Ipswich bridge after her.

“I think everyone wants to see some type of appropriate memorial or symbol for Allison,” Ms Palaszczuk said.

“And I’m more than happy to sit down with her family about what they think would be appropriate.

“My understanding is, in relation to this particular issue about the bridge, there was community consultation and it was the community that was not in favour of that.

“I think we can look at some other options.”

http://www.couriermail.com.au/news/...d/news-story/69df5d24ea9f149a38f46fe1f26f1946
 
An interesting read......

She married Gerard Baden-Clay – the great grandson of Scouts founder Lord Baden-Powell – and together they had three beautiful girls.
They seemed to have it all, but Allison was keeping a secret from close friends and family. Her husband was not the charming salesman he presented to the world, but a controlling narcissist who began isolating her as soon as they married. A man who tormented her about her appearance, told her she was worthless, was unfaithful to her behind her back, and who used their savings to prop up his failing business.
For years Allison blamed herself, trying to make her marriage work however more than anything she wanted her children to grow up in a happy home and this was her life goal.

https://www.allisonbadenclayfoundation.org.au/allisons-story/
 
I didn't know Allison's journal was inspired by Dr Phi from his best selling book "Relationship Rescue: A Seven-Step Strategy for Reconnecting With Your Partner, included a 42-question, workbook-style survey".

In December 2010, Allison opened a spiral-bound journal and began writing....


http://www.couriermail.com.au/news/...d/news-story/e90319cf815cc52e10c15eb15827f2b5

(My memories are flooding back about this horrid person).

GERARD Baden-Clay was a man looking for women on the world's largest sex, dating and swingers site.

"Looking for discrete (sic) sex," Gerard Baden-Clay typed."Married but don’t want to be – looking for some sex on the side!"It was New Year’s Eve, 2010, and Gerard was starting early with a resolution to escape his suburban life. The wife he no longer loved. The mistress who wanted him to herself.
 
Technically it's not an appeal that is to be apparantly filed by the DPP on Jan 4, it is a request to the High Court for leave (approval) to appeal. Very few such requests are granted. I think I read today, it's about 13%. But of course there is a public outcry in this case so that may help.
I think the grounds of the special leave and appeal can only be that the appeal court erred in finding that there was insufficient evidence to convict of murder. I think it will raise that the appeal court did not make a finding that the trial judge erred when he dismissed the defence's application that there was insufficient evidence of murder. He thought there was enough circumstantial evidence.

There will be no new evidence raised in the request to the High Court to appeal so talking about the call to the insurer prior to Allison's death isnt relevant. I think that the prosecution should have presented this info to the jury as whilst it doesn't prove premeditated murder as there was an explanation for the call ( they had agreed to reduce the life insurance cover when they realised their super had life cover) what it would prove is that he was aware Allison's cover was about to be reduced. So then it could have been a part of the motive to kill in a spur of the moment intention to kill. Picture them having a fight in the back yard after he has told her that Toni is going to be at the conference the next day. Allison realises he is back on with Toni and threatens to leave him and take the kids, and all his problems financial and reputation explode and he attacks her then thinks well I may as well kill her before the insurance drops and she ends up dead.
It may well have been the one extra piece of evidence the appeal court needed to dismiss the appeal.

Re the life insurance, I have seen a couple of comments that he could claim those monies. They are incorrect as he has been convicted of manslaughter. He killed his wife unlawfully and at law that means he cannot benefit financially from her estate. So whether it's manslaughter or murder makes no difference as far as the life insurance is concerned.
 
Our very own Liadan worked this out as soon as we saw photocopies of the diary in the committal docs.

they'll get you said:
I didn't know Allison's journal was inspired by Dr Phi from his best selling book "Relationship Rescue: A Seven-Step Strategy for Reconnecting With Your Partner, included a 42-question, workbook-style survey".

In December 2010, Allison opened a spiral-bound journal and began writing....


http://www.couriermail.com.au/news/...d/news-story/e90319cf815cc52e10c15eb15827f2b5

(My memories are flooding back about this horrid person).

GERARD Baden-Clay was a man looking for women on the world's largest sex, dating and swingers site.

"Looking for discrete (sic) sex," Gerard Baden-Clay typed."Married but don’t want to be – looking for some sex on the side!"It was New Year’s Eve, 2010, and Gerard was starting early with a resolution to escape his suburban life. The wife he no longer loved. The mistress who wanted him to herself.
Click to expand...
 
alioop said:
Technically it's not an appeal that is to be apparantly filed by the DPP on Jan 4, it is a request to the High Court for leave (approval) to appeal. Very few such requests are granted. I think I read today, it's about 13%. But of course there is a public outcry in this case so that may help.
I think the grounds of the special leave and appeal can only be that the appeal court erred in finding that there was insufficient evidence to convict of murder. I think it will raise that the appeal court did not make a finding that the trial judge erred when he dismissed the defence's application that there was insufficient evidence of murder. He thought there was enough circumstantial evidence.

There will be no new evidence raised in the request to the High Court to appeal so talking about the call to the insurer prior to Allison's death isnt relevant. I think that the prosecution should have presented this info to the jury as whilst it doesn't prove premeditated murder as there was an explanation for the call ( they had agreed to reduce the life insurance cover when they realised their super had life cover) what it would prove is that he was aware Allison's cover was about to be reduced. So then it could have been a part of the motive to kill in a spur of the moment intention to kill. Picture them having a fight in the back yard after he has told her that Toni is going to be at the conference the next day. Allison realises he is back on with Toni and threatens to leave him and take the kids, and all his problems financial and reputation explode and he attacks her then thinks well I may as well kill her before the insurance drops and she ends up dead.
It may well have been the one extra piece of evidence the appeal court needed to dismiss the appeal.

Re the life insurance, I have seen a couple of comments that he could claim those monies. They are incorrect as he has been convicted of manslaughter. He killed his wife unlawfully and at law that means he cannot benefit financially from her estate. So whether it's manslaughter or murder makes no difference as far as the life insurance is concerned.
Click to expand...

Thanks for interpreting the key points for us Alioop. Appreciated as always.
 
alioop said:
Technically it's not an appeal that is to be apparantly filed by the DPP on Jan 4, it is a request to the High Court for leave (approval) to appeal. Very few such requests are granted. I think I read today, it's about 13%. But of course there is a public outcry in this case so that may help.
I think the grounds of the special leave and appeal can only be that the appeal court erred in finding that there was insufficient evidence to convict of murder. I think it will raise that the appeal court did not make a finding that the trial judge erred when he dismissed the defence's application that there was insufficient evidence of murder. He thought there was enough circumstantial evidence.

There will be no new evidence raised in the request to the High Court to appeal so talking about the call to the insurer prior to Allison's death isnt relevant. I think that the prosecution should have presented this info to the jury as whilst it doesn't prove premeditated murder as there was an explanation for the call ( they had agreed to reduce the life insurance cover when they realised their super had life cover) what it would prove is that he was aware Allison's cover was about to be reduced. So then it could have been a part of the motive to kill in a spur of the moment intention to kill. Picture them having a fight in the back yard after he has told her that Toni is going to be at the conference the next day. Allison realises he is back on with Toni and threatens to leave him and take the kids, and all his problems financial and reputation explode and he attacks her then thinks well I may as well kill her before the insurance drops and she ends up dead.
It may well have been the one extra piece of evidence the appeal court needed to dismiss the appeal.

Re the life insurance, I have seen a couple of comments that he could claim those monies. They are incorrect as he has been convicted of manslaughter. He killed his wife unlawfully and at law that means he cannot benefit financially from her estate. So whether it's manslaughter or murder makes no difference as far as the life insurance is concerned.
Click to expand...
Alioop, if Allison had told Gerard ‘that night’ that she had had enough and would be leaving and taking the girls, could that have the effect of him realising that he would not be able to access the insurance money at all?

………. if that would have prevented him having any right to the money under those circumstances, then maybe that realisation would have been equally “part of the motive to kill in a spur of the moment intention to kill”;

Do you think that Appeal Judges were correct in their assumption that the Jury wouldn’t have considered that based on the very early claim to the Insurance Company and therefore not part of the motive to kill;

But rather, the Jury would have seen intent only if there had been:

Talking about the call to the insurer prior to Allison's death during the trial and proving that he was aware Allison's cover was about to be reduced

…… making it a valid part of the motive to kill in a spur of the moment intention to kill.

JMO but both are still only assumptions on the part of the Appeal Judges, and I don’t understand why the first should carry any more weight than the second!

Maybe I am just too keen for the Appeal Judges to be found to be incorrect
 
alioop said:
Our very own Liadan worked this out as soon as we saw photocopies of the diary in the committal docs.
Click to expand...

Yes I remember now Ali. I thought this was done and dusted and I actually deleted many of my links regarding this.

I can't believe we are talking about this scum again and my heart is in my throat.
 
Couldbe said:
Maybe I am just too keen for the Appeal Judges to be found to be incorrect
Click to expand...
(RSBM)

I don't see how anyone could be "too keen" for the Appeal Court decision to be overturned. As I see it, there was never any reasonable doubt that it was murder.

There was not the slighest reason to suppose it might have been an accident. There was no physical evidence to suggest it was an accident. The scratches on his face said it was no accident, and his behaviour afterwards said it was no accident. There was just too much evidence for there to be any reasonable doubt.

Even supposing it was a "spur of the moment" decision to kill, how does that qualify as any less culpable than a decision made half an hour ago or 24 hours ago or a month ago? A decision to kill is a decision to kill. Why should he get away with a lesser charge than murder? I am 100% with you in wanting the appeal court judges decision overturned.
 
Fluffykins said:
(RSBM)

I don't see how anyone could be "too keen" for the Appeal Court decision to be overturned. As I see it, there was never any reasonable doubt that it was murder.

There was not the slighest reason to suppose it might have been an accident. There was no physical evidence to suggest it was an accident. The scratches on his face said it was no accident, and his behaviour afterwards said it was no accident. There was just too much evidence for there to be any reasonable doubt.

Even supposing it was a "spur of the moment" decision to kill, how does that qualify as any less culpable than a decision made half an hour ago or 24 hours ago or a month ago? A decision to kill is a decision to kill. Why should he get away with a lesser charge than murder? I am 100% with you in wanting the appeal court judges decision overturned.
Click to expand...
Yes Fluffykins, 'too keen' sounds ridiculous to me when I read that this morning.
In trying so hard to understand how such a preposterous appeal decision could have been arrived at by the very learned and experienced Appeal Judges, I ended up questioning my own interpretations ........ because it is so hard to imagine how those three Appeal Judges could be just incorrect on such an important verdict (when we all know 'murder is just so obvious') ..... and I then ask 'who pays for those errors"? Certainly Allison's wonderful Parents are!
 
ABC News 24
Just now ·

‪#‎BREAKING‬: Qld's DPP to appeal the downgrading of Gerard Baden-Clay's murder conviction over wife Allison's death.
 
How many men are like this. It is disgusting. The husband is an arsehole behind her back to her friends and relatives so they don't want to be around her. It is such disgusting behaviour, and yet many of them have mothers and fathers who are polite.

There is that many monsters out there. The world is a cluster ................

Is it the parents letting the child takeover the household without any discipline? Child insecurities?

they'll get you said:
An interesting read......

She married Gerard Baden-Clay – the great grandson of Scouts founder Lord Baden-Powell – and together they had three beautiful girls.
They seemed to have it all, but Allison was keeping a secret from close friends and family. Her husband was not the charming salesman he presented to the world, but a controlling narcissist who began isolating her as soon as they married. A man who tormented her about her appearance, told her she was worthless, was unfaithful to her behind her back, and who used their savings to prop up his failing business.
For years Allison blamed herself, trying to make her marriage work however more than anything she wanted her children to grow up in a happy home and this was her life goal.

https://www.allisonbadenclayfoundation.org.au/allisons-story/
Click to expand...
 
Attorney-General Yvette D'Ath confirmed in a statement that Allison Baden-Clay's family had been informed of the decision on Wednesday morning.


"I have been advised that the Director of Public Prosecutions has advised the Dickie family this morning that he will be making an application to the High Court seeking special

leave to appeal the recent Court of Appeal decision that saw Gerard Baden-Clay's murder conviction downgraded to manslaughter," she said



"The process then provides the DPP with 28 days to lodge an outline of argument with the High Court.


"The defence will then have a further 21 days to do the same.


"Subject to these processes being finalised, the High Court will then schedule a date to hear the applications.


"Given this legal process is underway, I will not be making any further comment in relation to this matter."

​
 
crabstick said:
How many men are like this. It is disgusting. The husband is an arsehole behind her back to her friends and relatives so they don't want to be around her. It is such disgusting behaviour, and yet many of them have mothers and fathers who are polite.

There is that many monsters out there. The world is a cluster ................

Is it the parents letting the child takeover the household without any discipline? Child insecurities?
Click to expand...

Oh crabstick, sorry to say I have witnessed females behaving like this, it's not exclusive to men.
 
Wolston is the state's high protection facility that houses pedophiles, sex offenders and high profile prisoners such as wife-killer Gerard Baden-Clay, child murderer Brett Peter Cowan and former Labor MP Gordon Nuttall.

There are 301 Ipswich residents receiving free board and three meals a day courtesy of taxpayers in one of the state's jails or work camps. About 7238 people are behind bars state-wide, the majority are white, aged between 25 to 29 and are serving an average sentence of 1-3 years.:jail:

NB: Msm link not working but from QT (The Queensland Times) article 9th May 2015 by Adam Davies.
 
crabstick said:
How many men are like this. It is disgusting. The husband is an arsehole behind her back to her friends and relatives so they don't want to be around her. It is such disgusting behaviour, and yet many of them have mothers and fathers who are polite.

There is that many monsters out there. The world is a cluster ................

Is it the parents letting the child takeover the household without any discipline? Child insecurities?
Click to expand...

Good post Crabby, as always.
Parents are always the teachers & we should never turn our backs on our children especially when we see them doing wrong.
My adult children would know my wrath if ever they wronged their partner.
Baden-Clay seniors said they didn't know of his affairs but they both worked in the office for years, the other co-workers knew and talked. They knew but chose to cover the underhandedness. As you said, no disciplin whatever the age.
That was the first step towards what happened to Allison and nobody can tell me they didn't cover up for him in the morning Allison went 'missing'.
 
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