NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
I once volunteered for a lineup inspection as a student after being asked by a cute police woman in the street! This is the one where they have a witness and line up 10 people including the suspect in front of a see through mirror so the witness can see you and you can't see them.

Apparently the witness went nuts and was adamant I was the thief who broke into her house! Anyhow I was questioned for 2 hours and they do twist everything you say. it was extremely unpleasant and ridiculous... As who in their right mind volunteers for a lineup if they did the crime? When it comes to dates and times and what you were doing on particular days it is very difficult to remember when under a barage of questioning.

If I was ever going to be questioned as an innocent person I would lawyer up instantly, and make a considered statement through them. So in the aspect of GBC,NBC lawyering up, I don't see this as a sign of innocence or guilt. Just something to consider.

The lack of a considered statement through a lawyer, to questions asked by police, I do find strange.
 
happy_birthday_sunflower-2.jpg

http://w49.photobucket.com/albums/f274/jmtimms/Maggie birthday/happy_birthday_sunflower-2.jpg

Birthdays like this break my heart. :tears: So many birthdays for the victims represented on Websleuths ~ so many tears. Enough to water all the sunflowers in Australia.

Rest in peace, dear Allison. I am praying for your loved ones.
 
I always thought when police asked you a question you really should, for your own sake, answer.......I have spent years watching my beloved Midsummer Murders....thats were my education comes from....hmmm..
Why cant they take NBC in and keep him there until he answers..?

I have to admit tht I would get a lawyer. A person very close to me is QPS and he agrees with lawyering up (although hates it on cases he is investigating of course!).

I would though, if I was perfectly innocent of my wife's/DIL's disappearance/death ask my solicitor the best way to help with the investigation and assist with information as much as possible...with legal help.
 
In regards to the BC'S rights to remain silent (or anyone for that matter) i just found some information about it.

The right to remain silent

In most circumstances you must give the police your name and address, but other than that you have the right to remain silent. You can refuse to answer questions asked by police whether you have been stopped in the street, you have been taken to the station for questioning or you have been arrested. You should refuse to answer any questions or sign any statements until you have spoken to a lawyer.



Police interviews and questioning

If police ask you to go to the police station to answer questions, you don't have to go unless you are arrested.

Police must tell you that you don't need to answer their questions. Always get legal advice before taking part in a police interview or giving a formal statement.
If you are under 17 and questioned by police, you must have a 'support person' with you (unless you are being questioned about a minor offence such as obscene language or possession of property suspected of being stolen).

The support person should be a parent or guardian, a solicitor or a person who is acting for you who works in an agency that deals with the law. If none of these is available, get a relative or friend you would like to have there. If this person is not available then get a justice of the peace.

You should tell the police which person you would like to have with you.

If you make a statement to the police, you have a right to get a copy of it. You also have a right to get a copy of any taped record of the interview.


http://www.lawstuff.org.au/qld_law/topics/police/article7

I'd hate to think what QPS would say of our google searches ;)
 
When did GBC ring the Dickies...Was it before or after his 000 call to QPS...I wondered why he called 000 instead of the ordinary police number firstly to express his concern that Allison was missing...
 
In regards to the BC'S rights to remain silent (or anyone for that matter) i just found some information about it.

The right to remain silent

In most circumstances you must give the police your name and address, but other than that you have the right to remain silent. You can refuse to answer questions asked by police whether you have been stopped in the street, you have been taken to the station for questioning or you have been arrested. You should refuse to answer any questions or sign any statements until you have spoken to a lawyer.



Police interviews and questioning

If police ask you to go to the police station to answer questions, you don't have to go unless you are arrested.

Police must tell you that you don't need to answer their questions. Always get legal advice before taking part in a police interview or giving a formal statement.
If you are under 17 and questioned by police, you must have a 'support person' with you (unless you are being questioned about a minor offence such as obscene language or possession of property suspected of being stolen).

The support person should be a parent or guardian, a solicitor or a person who is acting for you who works in an agency that deals with the law. If none of these is available, get a relative or friend you would like to have there. If this person is not available then get a justice of the peace.

You should tell the police which person you would like to have with you.

If you make a statement to the police, you have a right to get a copy of it. You also have a right to get a copy of any taped record of the interview.


http://www.lawstuff.org.au/qld_law/topics/police/article7

In addition to that:

The distinction between pre-trial silence & silence at trial

A distinction has arisen between the treatment of an accused’s silence prior to trial and an accused’s refusal to give evidence at trial. Recent High Court cases, such as Glennon v R,[34] affirm the right to pre-trial silence but doubts have existed over whether the right to silence prevents the drawing of unfavourable inferences from a person’s silence at trial. In Petty & Maiden v R[35] the High Court rejected the suggestion that, while the court could not infer consciousness of guilt from silence, it could deny credibility to a late defence or explanation because of earlier silence. The court held the latter as well as the former to be impermissible, as a ‘fundamental incident of a suspect’s right to pre-trial silence is that no adverse inference can be drawn’ from exercising that right.[36] Mason CJ, Deane, Toohey & McHugh JJ cautioned that:

the denial of the credibility of that late defence or explanation by reason of the accused’s earlier silence is just another way of drawing an adverse inference (albeit less strong than an inference of guilt) against the accused by reason of his or her exercise of the right of silence. Such an erosion of the fundamental right should not be permitted. Indeed, in a case where the positive matter of explanation or defence constitutes the real issue of the trial, to direct the jury that it was open to them to draw an adverse inference about its genuineness from the fact that the accused had not previously raised it would be to convert the right to remain silent into a source of entrapment.[37]

Later in Weissensteiner v R,[38] the High Court took a more pragmatic approach to silence at trial. It found that, where the prosecution had proved its case to a certain standard, the judge may direct the jury that if facts they find proved can support an inference of guilt and there are things which it would be reasonable to expect the accused would know, and would disclose if they were consistent with his or her innocence, the jury may take such silence into account, in deciding whether to draw the inference.[39]

It is only when the failure of the accused to give evidence is a circumstance which may bear upon the probative value of the evidence which has been given and which the jury is required to consider, that they may take it into account, and they may take it into account only for the purpose of evaluating that evidence.[40]

Unfavourable inferences could now be drawn from an accused’s silence at trial. This approach was defended by Mason CJ, Deane and Dawson JJ who stated:

But it is not to deny the right [to maintain silence]; it is merely to recognise that the jury cannot, and cannot be required to, shut their eyes to the consequences of exercising the right.[41]

For Palmer, there is a clear rationale for the court’s distinction between pre-trial and at-trial silence:

[T]he right to pre-trial silence is based on notions of what constitutes fairness in the State’s methods of investigating and proving an alleged offence.[42]

The same rationale does not apply to the right not to testify, since here ‘the accused is not asked to testify against himself (sic), but in favour of himself (sic)’.[43]

http://www.austlii.edu.au/au/journals/MqLJ/2001/3.html
 
Jubillee, with respect, they may have loved her deeply, but unfortunately they have not shown it to the outside world.

1.They did not support the Dickies during the search, apart from a weak attempt from OW for A to be returned to them.
2. There was no mention of A being their loving DIL in the funeral notice.
3. Their stoney faces at the funeral appeared to show a lack of feeling.
4. Why have they NEVER said a word to the press about A to show that they did love her. They are their own worst enemies IMO.

I was responding to the statement that they treated her badly. My point was that they would not have necessarily have done so while she was alive. How they have conducted themselves since her death is a different matter
 
Hi Unfolding...yes, a rather lengthy break, as it were!! and not an hour after I beseeched everyone to enjoy Allison's fundraiser cricket day, and not get any time outs by letting other posters annoy them too much...hmmm, I should try practicing what I preach, it would do me the world of good!! its good to be back on Allisons birthday and be able to send some love and thoughts to her children, and its good to be here to share it all with you fabulous and loving people x

Yes I logged back on to see you had succumbed, and were on a sojourn..perhaps it was a blessing in disguise..so as to allow you to attend to all that stuff that doesn't get done while on here..lol..

But, won't talk about that anymore or I might be taking a break.. Many lovely posts on here today.
 
Sending love and strength to Allisons girls and family.
RIP Beautiful Allison.
xx
 
Forgetting about all this right to remain silent & lawyering up etc just for a sec...in my opinion, if a decent, honest human being is completely innocent & has nothing to hide, they sit down with police & tell them everything they know or are aware of. To not do this it is instantly showing you are hiding something from police & you are being dishonest.

Now, it seems GBC has made that video call to NBC's phone...he obviously wasn't calling Santa Claus as the call can only be to whoever was in that house that night at the time detected......either NBC, EBC, or even OW & her pastor husband if they were staying there at the time.

I hope police arrest the whole damn lot of them...this would make the five Paul Tully mentioned on his blog weeks back....

"""There is even a suggestion in legal circles that up to 5 people may be under investigation over the murder, including accessories after the fact"""

http://paulgtully.blogspot.com.au/2012/05/how-long-more-till-police-pounce-on.html
 
As reported, police acquired the info about the video call from GBC's phone to NBC's phone only hours before the bail hearing...

According to the affidavit, the police Electronic Evidence Examination Unit advised Sgt Roddick they had discovered the call only hours before Baden-Clay's scheduled bail hearing on Thursday June 21.

http://www.couriermail.com.au/news/...-documents-claim/story-e6freon6-1226413189448

But way back on 10th May they seemed to already have their suspicions about an accomplice....

POLICE are investigating whether Allison Baden-Clay's killer had an accomplice.
It is understood police are looking at whether a second person may have assisted with the murder or have helped to cover it up

http://www.couriermail.com.au/news/...e-had-accomplice/story-e6freoof-1226351399375

So..what else could it have been which made police suspect more than one was involved??...still something to do with the roundabout??
 
i think this link has already been posted but ifnd it odd they mention
"his parents Nigel and Elaine loaded up a trailer with goods, including their son's golf clubs," why even mention golf clubs and not something less lethal sounding like books or clothes etc are they trying to hint at the significance of golf clubs?

http://www.news.com.au/national/par.../story-e6frfkvr-1226413402683?from=public_rss

I think if GBC's golf clubs were at all suspected in Allisons death..he would not have still had them. The police would have seized them. I believe they know cause of death, they would have likely known what was used if something other than the other persons hands and they would have searched and seized while the house was a crime scene..IMO
 
If he drovto the Kholo bridge there is no scrub, it's a bitumen road all the way. If you drive onto the small vacant patch it is just grassy and a bit of mud if its been raining, but nothing that could be considered scrub or have any effect on the underside of a vehicle that would be any different to drving into your own yard during wet weather. I've driven right there so i do know what it's like. Might be different if he went into the Scout Camp and disposed of the body in another stretch of the river though, not sure.

The cleaning of the blood could have been wet, however a bit of effort could have been put into drying it. But also, I noticed in one report early this week I think (I think it was a report that referred to the blood and released pictures of the inside of the cars) it mentioned the boot was full of kids toys, which on removal revealed the blood stains. Did anyone else see this report? It gave me the impression that a whole lot of kids toys had been put there to deflect attention from what was underneath.

He's a peach
 
Forgetting about all this right to remain silent & lawyering up etc just for a sec...in my opinion, if a decent, honest human being is completely innocent & has nothing to hide, they sit down with police & tell them everything they know or are aware of. To not do this it is instantly showing you are hiding something from police & you are being dishonest.

Now, it seems GBC has made that video call to NBC's phone...he obviously wasn't calling Santa Claus as the call can only be to whoever was in that house that night at the time detected......either NBC, EBC, or even OW & her pastor husband if they were staying there at the time.

I hope police arrest the whole damn lot of them...this would make the five Paul Tully mentioned on his blog weeks back....

"""There is even a suggestion in legal circles that up to 5 people may be under investigation over the murder, including accessories after the fact"""

http://paulgtully.blogspot.com.au/2012/05/how-long-more-till-police-pounce-on.html

To be honest Marlywings, if it were me, i'd just want my loved one found and would throw caution to the wind and tell police whatever they wanted to know while pleading with them to find my loved one or whoever did it. I would want to help so that they could get on with it and look at other alternatives as a suspect.
 
I am just hoping that there is so much more that hasn't been released to strengthen the case. I find that we are buoyed by new information and then over time I know for myself I do start to lose a bit of hope if nothing new occurs. If GBC is guilty of murder, I want to believe that the case is strong enough to convict him for murder. And if others were involved or even knew, I want to see them arrested for whatever the relevant crimes are for their involvement or knowledge, no exceptions. Sometimes I feel that maybe some of the players will fly under the radar or for some reason they won't be charged, and I hate that thought. If there is a crime, they should do the time for that crime and no less.
 
I think if GBC's golf clubs were at all suspected in Allisons death..he would not have still had them. The police would have seized them. I believe they know cause of death, they would have likely known what was used if something other than the other persons hands and they would have searched and seized while the house was a crime scene..IMO

I'm not sure they would need to take the whole set if just one golf club was used as a weapon...if it were found away from the set that is??
 
i think this link has already been posted but ifnd it odd they mention
"his parents Nigel and Elaine loaded up a trailer with goods, including their son's golf clubs," why even mention golf clubs and not something less lethal sounding like books or clothes etc are they trying to hint at the significance of golf clubs?

http://www.news.com.au/national/par.../story-e6frfkvr-1226413402683?from=public_rss

I noticed that too, but thought it was more reference to how the mighty have fallen - not going to be using those golf clubs for a looooooong time....
 
To be honest Marlywings, if it were me, i'd just want my loved one found and would throw caution to the wind and tell police whatever they wanted to know while pleading with them to find my loved one or whoever did it. I would want to help so that they could get on with it and look at other alternatives as a suspect.

Yes...all you've said also...this is what decent, honest human beings do in these circumstances when they have absolutely nothing to hide. None of them have done any of this.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
166
Guests online
1,822
Total visitors
1,988

Forum statistics

Threads
601,878
Messages
18,131,227
Members
231,172
Latest member
DownlowDelivery
Back
Top