Gerard Baden Clay's murder appeal

[Couldbe]

http://www.brisbanetimes.com.au/que...court-appeal-to-be-heard-20160725-gqdn81.html

• 12:14pm
Michael Byrne QC.
Mr Byrne says the evidence, including bruises and a chipped tooth, could point to such a situation.
"Certainly a blow to the head was not, I would have thought, controversial."
"Why was it not open to the jury, having regard to all of the facts, to conclude that the lies about the scratches to the face and the post offence conduct were simply not consistent with that hypothesis?" Justice Bell asks.
JMO: Now linking the chipped tooth to a blow to the head is a new one ….. there was no evidence about a split lip injury or mouth injury! noted in post mortem.
It was not established how old the chip was, but dragging her body when it made contact with the plant matter could easily chip a tooth (especially face down … to avoid him having to look at Allison’s face as he moved her body).

 

[Trooper]

I think this was the first time that a judge has remarked on the situation where Alison may have only been fatally injured when she was hauled over the Kholo Bridge and into the swamp below. I had always been outraged that Gerard had not only beaten her / strangled her, but then in his egotism pronounced her dead, according to his beliefs, which in no way included any medical training whatsoever. The sheer nerve. He genuinely thought he knew more about stuff than anyone else, when in reality,, the idiot couldn't add 2 plus 2 as his business arrangements will testify. Gerard was, and is an incompetent , in whatever situation he finds himself.

I always thought Toni's experience of men , in general , had to be sparse, and confined to men of a certain sort. Her adoration and belief in Gerard exceeds all sane expectations and have all the hallmarks of a woman tremendously neglected and desperate.

I expect Gerard would have been as incompetent in the sack as he was in the office, or behind a driving wheel, or in a social situation, or in facing the press, or pretending to be a father to his girls, or .... but you get my drift.

Olivia has that same attitude, that all knowledge resides in her, and only she can define fact... .. big surprise , Olivia. .. You don't.

I'd be interested in how her 'ministry ' is going up in FNQ.

 

[LadyBird1]

Tessa Hardy Verified account ‏@TessaHardy9 now59 seconds ago

Defence for #badenclay has finished their submissions. Back to Sofronoff now. @9NewsBrisbane

Leonie Mellor Verified account ‏@leoniemellor now1 minute ago

2/2Justice Keane to defence: "... doesn't get him out of the corner he has painted himself into." #badenclay @abcnews

David Murray Verified account ‏@TheMurrayD now32 seconds ago

Byrne concludes his submissions http://trib.al/YDCXamp #badenclay

"Corner he has painted himself into"

Hmmm.......Interesting choice of words.....

 

[HoolyDooly]

This is the crux of it, for me!!! Spot on.

Zactly

Sent from my HTC_PN071 using Tapatalk

 

[HoolyDooly]

Thank you Fuskier. Read it all in a block just now... Easy to follow. Well done. I think it looks good. Deductive logic from essential facts. Justice for Al 💛

Sent from my HTC_PN071 using Tapatalk

 

[Ochre Blue]

Thank you SO much to all for their posts from the High Court today.
Crossing fingers for #JusticeForAllison.
If we have to wait 6months for the outcome - it'll be difficult waiting, but it'll be worth it if GBC's murder conviction is reinstated.
I feel cautiously optimistic having read the wording from the HC judges as reported by you wonderful WS'ers.
Hoping that at least one perpetrator with NPD (Narcissistic Personality Disorder) gets the comeuppance that he deserves.
Love & prayers to Allison's family and friends.
RIP Allison.

 

[they'll get you]

Crown barrister Walter Sofronoff said the 45-year-old left his children worrying about their missing mother for days despite knowing he had dumped her body in Kohlo Creek, about 13 kilometres from their south-western Brisbane home.

"To then use one of his daughters as some sort of amateurish corroboration … by telling her he had cut herself shaving and asked her to put a bandaid on his marks ... One can look at that and conclude this is a man who at least is capable of murder, and let's look at the evidence to see if we're satisfied."

http://www.brisbanetimes.com.au/que...appeal-decision-reserved-20160726-gqe3g5.html

 

[alioop]

It sounds like it went well for the prosecution today. I am hopeful that the High Court will overturn the Court of Appeal manslaughter downgrade and reinstate murder. I think it was open to the jury on all the evidence to find him guilty and I was shocked by the downgrade.There was a lot of evidence about motive, physical evidence and his post death conduct that frankly if all that was not enough to convict, then it would be hard to get a conviction in any circumstantial case. People have been convicted on far less circumstantial evidence.
So now we wait for the decision and hope that justice finally prevails.

 

[they'll get you]

(I'm lovin' this)



High Court case over


The Court has reserved its decision on whether to re-instate Baden-Clay's murder conviction.


Baden-Clay's defence barrister closed his case after being peppered with questions about his client's evidence at trial.


Baden-Clay denied having anything to do with Allison's death at trial.


Justice Keane continually pointed out Baden-Clay's evidence was "inconsistent with the hypothesis of innocence of murder".


"Only an altercation that results in her death solves his problem," he said.


Justice Virginia Bell asked why it was not open to the jury to consider that the lies Baden-Clay told on the stand about the scratches on his face and his conduct afterwards were inconsistent with an accidental death. - Melanie Petrinec

http://www.couriermail.com.au/news/...t/news-story/34663e715aff56b66ce079ff31fac521

 

[Fuskier]

http://www.couriermail.com.au/news/q...e079ff31fac521

Legal observers have taken a keen interest because of the potential ramifications of the High Court’s decision.
Queensland Law Society president Bill Potts said: “Certainly the legal fraternity in Queensland will be looking very closely,” he said...

Request: Can another WS member cover and post tomorrow mornings High Court pronouncement of orders plz? at #badenclay.
Apology, I may not be available - but will try as this has important legal ramifications for justice in this case, interpreting The Law and establishing precedent for future cases.

 

[Oz Jen]

http://www.couriermail.com.au/news/q...e079ff31fac521

Legal observers have taken a keen interest because of the potential ramifications of the High Court’s decision.
Queensland Law Society president Bill Potts said: “Certainly the legal fraternity in Queensland will be looking very closely,” he said...

Request: Can another WS member cover and post tomorrow mornings High Court pronouncement of orders plz? at #badenclay.
Apology, I may not be available - but will try as this has important legal ramifications for justice in this case, interpreting The Law and establishing precedent for future cases.

Hey Fusky,

You did an absolutely amazing job today! Thanks again.

I would have been more than happy to cover tomorrow - but as luck would have it, we have a planned electricity outage scheduled for the whole day tomorrow! What were they thinking? I hope someone else can take over from you for tomorrow.

 

[Fuskier]

"He has had the opportunity to give the evidence, he has given the evidence, it is inconsistent with any notion at all that there was an unintended killing by him," Justice Keane said. - Melanie Petrinec@MelaniePetrinec

:bricks:

 

[HoolyDooly]

"He has had the opportunity to give the evidence, he has given the evidence, it is inconsistent with any notion at all that there was an unintended killing by him," Justice Keane said. - Melanie Petrinec@MelaniePetrinec

:bricks:

Absofreakinglutely

Sent from my HTC_PN071 using Tapatalk

 

[BreakingNews]

I think this was the first time that a judge has remarked on the situation where Alison may have only been fatally injured when she was hauled over the Kholo Bridge and into the swamp below. I had always been outraged that Gerard had not only beaten her / strangled her, but then in his egotism pronounced her dead, according to his beliefs, which in no way included any medical training whatsoever. The sheer nerve. He genuinely thought he knew more about stuff than anyone else, when in reality,, the idiot couldn't add 2 plus 2 as his business arrangements will testify. Gerard was, and is an incompetent , in whatever situation he finds himself.

I always thought Toni's experience of men , in general , had to be sparse, and confined to men of a certain sort. Her adoration and belief in Gerard exceeds all sane expectations and have all the hallmarks of a woman tremendously neglected and desperate.

I expect Gerard would have been as incompetent in the sack as he was in the office, or behind a driving wheel, or in a social situation, or in facing the press, or pretending to be a father to his girls, or .... but you get my drift.

Olivia has that same attitude, that all knowledge resides in her, and only she can define fact... .. big surprise , Olivia. .. You don't.

I'd be interested in how her 'ministry ' is going up in FNQ.

Well said Trooper. Love your way with words.

 

[BreakingNews]

Hello and thanks Alioops. Hello to everyone back here. We will get Justice for Allison.

 

[Flinders]

Hi all,

I read the book; and since then, I have read every thread here in the last 2 weeks lol. I have giggled at the granny pash, read alioops posts with great interest and even almost understand this appeal process.

And am am I right in that this gets heard on the 26th July? Like this Monday?

What I don't understand: GBC argues that it's possible that he didn't mean to kill ABC. But for love nor money, I can't find a single account of what HE says happened that night. I know the whole 'oh she went to bed' rubbish; but I'd have thought, if it really was manslaughter, even now, after all this time - where has he actually said 'oh look, I'm really sorry, I've found God and I feel so bad and I panicked - BUT HERES WHAT HAPPENED'.

He argues that there is not enough evidence to point to her being murdered by him; but there is nothing anywhere of him telling anyone the remote truth about what did happen? For that alone, it should stand as murder. It's YEARS now and still nothing.

my other question; whatever came of TM?

Hi, can not honestly believe you have read every post in 2 weeks. It was hard to keep up to date for most. The threads kept people busy. Are you on bed rest or a journalist?

 

[Flinders]

"He has had the opportunity to give th...e evidence, he has given the evidence, it is inconsistent with any notion at all that there was an unintended killing by him," Justice Keane said. - Melanie Petrinec@MelaniePetrinec

:bricks:

Fusky... Quoting you to emphasis ... He has given the opportunity to give evidence but it is INCONSISTENT.

 

[Flinders]

Terrific journalism from the Women's Weekly:
"Allison was missing for 10 days before her badly decomposed body was found and Gerard was charged with her murder in June 2012. After a six-week trial in 2014 he was convicted of stabbing his wife to death and later sentenced to life in prison."

Hey Poss, Can you tell me if she was ever stabbed from the autopsy? Lots of media report stuff but if it doesn't come from Doc Watson's medically description of Allison. Dr. Painstakenlly lead us through her final resting place and her injures.

 

[Trooper]

a shoutout to Kiwi , who started this thread way way back , and hung in there thru thick and thin.....

 

[Flinders]

a shoutout to Kiwi , who started this thread way way back , and hung in there thru thick and thin.....

Shout out YES to Kiwi JANE