Justice Byrne said Mr Fuller told the jury that by April, 2012, she took her husband to see two counsellors and by the 19th of April was not depressed or affected by drugs.
He argued that only the person who killed Ms Baden-Clay knew how it was done.
He said Mr Fuller told the jury six leaf species were found entwined in Ms Baden-Clay’s hair and jumper but just two of the species were found at Kholo Creek.
He said Mr Fuller argued all six plant species were found around the couple’s Brookfield home.
Justice Byrne said Mr Fuller told the jury the blood of the deceased was hidden from view in the Holden Captiva until the seats were folded up. He argued it was consistent with an injury causing Ms Baden-Clay to bleed on the night she was killed.
He said Mr Fuller submitted experts identified two distinct injuries on Baden-Clay’s face: one consistent with fingernails and the other consistent with shaving marks to disguise them.
He said Mr Fuller said the marks were consistent with their being a close struggle.
He said Mr Fuller contended the scratches were Ms Baden-Clay’s “mark on him” and showed he used violence against his wife.
Justice Byrne said Mr Fuller argued the phone charger was on the accused’s side of the bed and the only evidence that his wife had it that night came from Baden-Clay himself.
He said Mr Fuller argued Baden-Clay was under financial pressure, relationship pressure from his wife and his mistress Toni McHugh.
He said Mr Fuller characterised the testimony of the accused as “scripted”.
Justice Byrne said Mr Fuller told the jury his wife had become involved in the business after discovering the affair and when he resumed the relationship with Ms McHugh, it was restricted.
He said Mr Fuller told the jury Baden-Clay did not have the courage to leave his wife and told Ms McHugh he loved her during various meetings.
He said Mr Fuller argued the accused went to counselling with his wife on April 16, 2012.
He said Mr Fuller told the jury Baden-Clay “made up a story” when testifying about the secret emails he wrote to Ms McHugh, promising to leave her by July 1, but in evidence claiming he did it to “placate” her.
Justice Byrne said Mr Fuller argued Baden-Clay had to either tell his wife about the impending meeting with his mistress on April 20, 2012 or do nothing.
He said Mr Fuller argued the risk to Baden-Clay the two women would meet at the conference were significant, both professionally and personally.
He said Mr Fuller told the jury the accused did not know if his wife was on medication and expressed that she was “fine” to police on April 20, 2012.
Justice Byrne said Mr Fuller argued Baden-Clay had an opportunity to kill, scratches on his right cheek he had lied about, long-term tension with his wife, tension with Ms McHugh, problems with his business and debt, discussion with Ms McHugh on the evening of April 19, 2012 and the possibility his wife would find out he had continued the affair at a real estate conference the next day.
He said Mr Fuller contended the encounter was personal, violent and effective.
http://www.couriermail.com.au/news/...wipe-slate-clean/story-fnihsrf2-1226983491477