DAY 18 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS
http://www.websleuths.com/forums/sh...wn-v-Gerard-Baden-Clay-10th-July-Trial-Day-18
In order of postings on WS by the Websleuth Re-Tweet Team –
Amee, Freya, PrimeSuspect (let me know if there is another name to add please
)
MSM TWEETS
David Murray ‏@TheMurrayD
Kate Kyriacou @KateKyriacou
Tessa Scott ‏@TessaScott9
Marissa Calligeros ‏@marissa_sc
Leonie Mellor ‏@leoniemellor
Sarah Greenhalgh ‏@GreenhalghSarah
Katrina Blowers ‏@katrinablowers
• DAY 18 COMMENCES
• Gerard is in court, judge to finish his summing up, day 18 of the trial
• We're in court getting ready for day 18 of the Baden-Clay trial. Judge is expected to complete his summing up. @couriermail
• Gerard wearing a dark suit, check shirt, blue and white tie. Neat haircut, clean shaven
• Some legal discussion before the jury arrives
• The jury is yet to enter the courtroom. A short delay this morning for a bit of legal discussion. #badenclay
• Allison and Gerard's parents are in their usual positions on opposite sides of the court
• The jury is entering the courtroom. Justice John Byrne will begin in a moment. #badenclay
• Judge says he will now summarise the closing addresses, beginning with the defence. #badenclay
• Day 18 of #badenclay trial now underway after a short delay.
• Justice John Byrne is now summarising the crown and defence cases.
• Jury has arrived, Justice John Byrne resumes summing up
• Judge says defence case is that friends, family, children, had never seen Gerard and Allison argue, let alone violence. #badenclay
• Justice Byrne will this morning go through the prosecution and defence closing statements
• Judge says defence case is that the Crown has not proved their case beyond reasonable doubt and they must find not guilty. #badenclay
• Judge says defence case is that the jury must not speculate. #badenclay
• Judge says defence said no blood in carport, house. #badenclay
• Judge says defence said Crown case is all about "perhaps" or "what probably happened". #badenclay
• Judge says defence said nobody can prove how deceased died. #badenclay
• Dr Milne, pathologist, could not establish a cause of death - Justice Byrne
• Pathologist could not rule out a range of possible causes of death - Justice Byrne
• Judge is summarising the defence's discussions on the pathologist's report. #badenclay
• Judge is now summarising the defence's discussions on the police investigation. #badenclay
• Judge says defence said no sign of a struggle in the house, no blood in the house. #badenclay
• Judge says defence said a thorough search of the house was done by police and nothing of relevance discovered. #badenclay
• Justice Byrne summarising the defence closing statement
• Defence said noise travelled in the house and kids didn't hear anything - Justice Byrne
• Judge: Defence submitted the #badenclay daughters told police their parents never fought.
• Judge says defence said the three children heard nothing at all on the night of April 19, 2012. #badenclay
• Evidence from defence was sound would travel in that house & girls heard nothing - Judge.
• Judge says defence said if Gerard killed his wife that night, he must have dressed her in the walking clothes she was found in. #badenclay
• Defence asked why children heard nothing and why no blood around the house - Justice Byrne
• Judge says defence asked why had she bled only in the Captiva? #badenclay
• Evidence from defence was sound would travel in that house & girls heard nothing - Judge.
• Judge says defence asked if Allison was dragged through garden foliage, why did leaves stick to her and none found in car? #badenclay
• Defence said blood in the car couldn't be aged - Justice Byrne
• Defence asked why there weren't any leaves in the car if those in Allison's hair were from their yard - Justice Byrne
• Jury tells jury defence asked why there could have been leaves in her hair but not in car
• Judge: Defence submitted the #badenclay daughters told police their parents never fought.
• Judge says defence asked why the children heard nothing and why no blood around the house?
• Defence said absence of mud in the Captiva was significant - Justice Byrne
• Judge says defence said there was no obvious signs of a cleanup in the car. #badenclay
• Judge says defence said if there is no proof of disposal of body, the Crown case collapses. #badenclay
• Defence submitted blood was from some earlier incident - Justice Byrne
• Defence said the case collapsed if the jury couldn't answer questions about disposal of the body - Justice Byrne
• Defence asked why would accused kill his wife - Justice Byrne
• Judge says defence said Gerard is lacking in morals, but that doesn't mean he is a murderer. #badenclay
• Judge says defence called blood in the Captiva an 'artefact of some earlier incident.'
• Judge says defence denied Gerard was going to leave his wife for Toni McHugh, good at making promises but nothing ever happened. #badenclay
• Defence says #badenclay may have despicable morals but that doesn't mean he's a murderer - Judge. @9NewsBrisbane
• Prosecution case is accused wanted to leave his wife and be with Toni McHugh - Justice Byrne
• Defence said that wasn't the case, accused made promises and nothing came of it - Justice Byrne
• Judge says defence pointed out #badenclay wasn't even faithful to Toni McHugh. She wasn't the love of his life. @7NewsBrisbane
• Defence says #badenclay may have despicable morals but that doesn't mean he's a murderer - Judge. @9NewsBrisbane
• Gerard wasn't even faithful to Toni McHugh, defence said - Justice Byrne
• Judge says defence said Gerard was not even faithful to Toni McHugh. She was not the love of his life. #badenclay
• Defence case was Gerard did not want to be with Toni McHugh, so no need to kill his wife to be with her - judge. #badenclay
• Defence agued Gerard had no intention of leaving his wife, so not likely he would kill to be with Toni - Justice Byrne
• Judge says defence pointed out Gerard remained calm during cross examination. He does not have a violent temper. #badenclay
• Defence say it's ridiculous to suggest Gerard killed his wife due to financial pressure - Justice Byrne
• Defence argued there was only a small outstanding credit card bill - Justice Byrne
• Judge says defence disputed Gerard was under financial pressure. #badenclay
• Judge: defence submitted it was ridiculous to suppose #badenclay murdered his wife because of financial difficulties. @7NewsBrisbane
• Judge says defence said Gerard was confident the business was on the up and he'd be able to pay for the rental arm. #badenclay
• Judge tells jury that the defence argued "an unplanned, spontaneous murder was as unlikely as a premeditated one" #badenclay @tennewsqld
• Defence said insurance policies were prudent for parents of three young girls - Justice Byrne
• Judge says defence case is that the leaves could have washed into Allison's hair by the creek. #badenclay
• Judge: Defence submitted leaves found in Allison's hair meant she had to have been in moving body of water. #badenclay @7NewsBrisbane
• Gerard's father was behind early call to insurance company, defence said - Justice Byrne
• Defence suggested water movement in Kholo Creek could explain leaves in Allison's hair - Justice Byrne
• Defence said the accused had never attempted to conceal the marks on his face - Justice Byrne
• Justice John Byrne is summing up the closing address from the address #badenclay:
http://www.brisbanetimes.com.au/quee...710-3bnzp.html
• Judge says defence case is Gerard never attempted to conceal marks on his face, told everyone who asked they were from shaving. #badenclay
• Judge says defence said none of the experts could be 100 per cent sure what caused the marks on Gerard's face. #badenclay
• Defence said Gerard told everyone who asked the marks were from shaving in a rush with an old razor - Justice Byrne
• Defence said there were serious limitations on expert evidence - Justice Byrne
• Defence said experts couldn't 100 percent confirm the marks were from fingernails or exclude a shaving injury - Justice Byrne
• Defence said even if they concluded the marks were not from a razor, didn't prove guilt - Justice Byrne
• Judge: the defence told court #badenclay never attempted to conceal marks on his face, even to police. @7NewsBrisbane
• Justice Byrne summarising b4 jury retires. @francenenorton @JoshBavas and I will have the latest TV, radio and online @abcnews #badenclay
• Gerard is sitting up straight, looking towards Justice John Byrne as he sums up
• Justice John Byrne going through defence closing address. Part of his summation before jury will go out. @7NewsBrisbane #badenclay
• Judge reminds jury the defence submitted that the accused doesn't know what happened to his wife #badenclay @tennewsqld
• Justice Byrne is going through defence closing statement about Allison's mental health
• Judge says defence discussed Allison's mental health history, her Zoloft use, her sessions with psychologists. #badenclay
• Judge says defence discussed advice from marriage counsellor a few days before she disappeared. #badenclay
• Jurors are looking at screens showing Justice Byrne's remarks as he speaks. Very little note taking again today
• Judge says defence case is that discussions of up affair in counsellor-advised sessions would have caused a relapse of depression.#badenclay
• Judge says defence case was Allison was stressed at the hairdressers on April 19, 2012. #badenclay
• Most jurors leaning back in their seats, a couple leaning forward to see the screens in front of them
• Judge says defence told jury to consider Allison was upset after hearing of birth of nephew. They claim she always wanted a son. #badenclay
• Judge says defence asked why Allison missed a parent teacher interview for a hairdressing appointment. #badenclay
• Defence raised a possible scenario of what happened to Allison - Justice Byrne
• Allison possibly stayed up thinking about the affair, defence scenario - Justice Byrne
• Judge tells #badenclay jury that defence argued suicide is often as a surprise and impossible to predict. @7NewsBrisbane
• Judge says defence case was Allison stayed up late, thinking about the affair, possibly went for a walk to clear her head. #badenclay
• Judge says defence said she plugged her husband's phone into charge at 1.48am, took some Sertraline, went for a walk. #badenclay
• Judge says defence suggested she walked to Kholo Creek and ended up at the creek. #badenclay
• What if she decided to go for a walk, took a Zoloft tablet, puts husband's phone on charger - defence scenario
• She kept walking. Ends up at river. Pathologist couldn't rule out drowning - defence scenario
• Judge talks through defence scenario - Allison went for walk, possibly drowned, jumped or fell.
• Judge says defence said Gerard did not have to give evidence, but he did. #badenclay
• Defence said Gerard wanted to give evidence at the trial, exposed himself to cross examination - Justice Byrne
• Judge is now summing up the prosecution case. #badenclay
• Judge says Crown said Gerard and Allison appeared to be the perfect couple, but they weren't. #badenclay
• Justice Byrne has now completed his summation of the defence closing argument for the #badenclay jury. Next, prosecution's case.
• Judge: defence says #badenclay not someone to kill wife cold-bloodedly, explode on the quick.
• Now on to summing up the prosecution case
• Circumstantial cases can be powerful, prosecution said - Justice Byrne
• Judge says Crown said Gerard had pressures from many angles in April, 2012. #badenclay
• Judge now going through prosecution case. #badenclay @abcnews
• We're at p109 of Justice Byrne's summing up. He's now started to talk about the prosecution case. #badenclay
• Judge says Crown case is that Allison would not have been upset about birth of nephew. It had been six years since her last birth.#badenclay
• Judge says Crown said Allison was a reluctant exerciser. She would not have walked 13km, nobody saw her walking. #badenclay
• Scientific certainty is not to be expected, prosecution - Justice Byrne
• Allison was a reluctant exerciser, had plans that morning, did not walk to the bridge, prosecution - Justice Byrne
• There was not a single sighting of Allison walking, prosecution said - Justice Byrne
• Judge says Crown showed rainfall records, creek would not have been muddy at the time. Area leading down to creek was vegetated. #badenclay
• At this pace of judge's summation, it's possible the #badenclay jury could be sent out to deliberate by lunch. @7NewsBrisbane
• Location of the body consistent with it being rolled or pushed off ledge just above it, prosecution - Justice Byrne
• Judge says Crown said Allison had been rolled or pushed from the ledge above. #badenclay
• Judge says Crown said there was no evidence Allison was drug affected. #badenclay
• Judge says Crown said post mortem changes showed Allison's body had not moved. #badenclay
• Judge says Crown case is that drowning is not a reasonable suggestion. No evidence of it. #badenclay
• Judge: Pros says no suggestion Allison was taken to site by somone other than husband. @abcnews #badenclay
• Justice Byrne: "A circumstantial case, however, can be powerful" #badenclay:
• No fractures, which would have been expected if she had jumped off bridge,prosecution - Justice Byrne
• No diatoms detected, therefore deceased did not drown, Crown - Justice Byrne
• Judge: Pros argued location of body and surrounds consistent with body having been rolled or pushed off ledge above. @abcnews #badenclay
• Body dumped there to avoid suspicion, Crown said - Justice Byrne
• Judge says Crown said no evidence of recent Sertraline ingestion. #badenclay
• Justice Byrne going through the Crown's take on Allison's mental health and medication
• Judge says Prosecution argued bruise to Allison's chest and chipped tooth were consistent with a struggle. #badenclay
• Judge says Crown case is that drug toxicity as a cause of death is excluded by the evidence. #badenclay
• Judge says prosecution's case is that Allison's body was dumped to avoid suspicion and delay discovery #badenclay @tennewsqld
• Allison had three children, engaged in business, making plans, excited about conference, prosecution says - Justice Byrne
• She was not concerned about the birth of nephew, prosecution - Justice Byrne
• Judge says Crown case is that Allison was not depressed. Evidence from those who saw her that day was she was "great". #badenclay
• Judge says Crown pointed out the baby monitor in Gerard and Allison's room as evidence sound did not travel well in house. #badenclay
• Judge says prosecution told jury only the person who killed Allison #badenclay knows method of death. @7NewsBrisbane
• Leaves from six species in her hair and jumper, all found at her house, Crown - Justice Byrne
• The head of the deceased came into contact with leaf litter at the house, Crown said - Justice Byrne
• Judge: prosecution argued that the head of the deceased came into contact with leaf litter at #badenclay house. @7NewsBrisbane
• Captiva only in their possession since late February, Crown - Justice Byrne
• No prior injury to explain Allison's blood in the car, Crown - Justice Byrne
• Gerard tried to disguise scratch marks on his face with other, later shaving cuts, Crown says - Justice Byrne
• Gerard had no explanation for an injury near his right shoulder, Crown says - Justice Byrne
• Experts concluded broader abrasions were fingernail scratches, Crown says - Justice Byrne
• Scratches showed he used violence on his wife, Crown - Justice Byrne
• Prosecution said #badenclay facial marks show close hand contact w someone striking out to defend herself from him - Judge. @7NewsBrisbane
• Judge says Crown said scratches occurred after the last time the girls saw their mother and before they got up to find her gone. #badenclay
• The violence was close up, intentional, Crown says - Justice Byrne
• Judge says Crown said there were three pressures on Gerard at the time: financial, wife and mistress. #badenclay
• Prosecution then argued #badenclay shaved over the marks to try and make them look like razor cuts - Judge. @7NewsBrisbane
• Phone was put on Gerard's side of the bed, Crown - Justice Byrne
• Pressure from his wife, lover, business, Crown says - Justice Byrne
• Judge says Crown said Gerard played up his wife's depression in the hope the jury would consider she committed suicide. #badenclay
• Judge says Crown said Gerard played up his wife's depression in the hope the jury would consider she committed suicide. #badenclay
• Judge says Crown pointed out Gerard never told police about his conversations with Toni McHugh on the Thursday night. #badenclay
• Judge says Crown said Allison was sharing his passions at the business while Gerard was out resuming his affair. #badenclay
• Judge says Crown case is Gerard was in love with Toni. #badenclay
• Judge says Crown said Toni had demanded he tell Allison both women would be at the same conference the next day. #badenclay
• Judge says Crown said Gerard had mounting debts that needed to be paid. #badenclay
• Judge now summing up prosecution arguments re the pressure on #badenclay to leave Allison for Toni McHugh. @7NewsBrisbane
• He had to sell his Lexus, Crown - Justice Byrne
• The three pressures coming together, Crown - Justice Byrne
• April 16, spoke to counsellor, told to listen to his wife, Crown - Justice Byrne
• Judge says Crown case is that Gerard made up a story to explain why he said in emails he loved Toni McHugh. #badenclay
• Judge - the prosecution said the 3 pressures (wife, finances, affairs) were coming together for #badenclay. @7NewsBrisbane
• Allison expressed happy about birth of nephew, not consistent with being upset about failing to produce a male heir, Crown case
• Judge says Crown case is that Allison told people she was happy about the birth of her nephew. #badenclay
• Judge says Crown said Gerard told Toni he was going to sell the business and be with her. #badenclay
• Toni McHugh was going to a conference the next day, found out Allison was attending too, Crown - Justice Byrne
• Pressure on the accused, Crown - Justice Byrne
• Allison unlikely to have gone for a walk that morning she was time poor, Crown case - Justice Byrne
• Judge says Crown case is that his wife could have found out he'd continued affair at the conference with catastrophic results. #badenclay
• Judge says Crown said Gerard told police he'd seen no signs of depression in his wife - contrast to his testimony. #badenclay
• Accused had opportunity scratches on his cheek, lied about them, tension with wife and lover, Crown case - Justice Byrne
• Real prospector his life with Ms McHugh being exposed the next day, Crown case - Justice Byrne
• Judge says Crown said Gerard had an opportunity to kill, lied about scratches on his cheek, discussions with mistress that night. #badenclay
• Justice Byrne now giving instructions on delivering the verdict.
• Justice Byrne completes summing up of closing statements
• Jury told when they return to court after reaching a verdict, associate will ask if they have agreed
• Associate will ask whether they have found Gerard guilty or not guilty of murder, foreman will answer. #badenclay
• Judge thanks them for the dedication in which they approached their task. #badenclay
• The associate is now swearing the bailiff in as the jury's "keeper". #badenclay
• Justice Byrne is now discharging the three reserve jurors. Thanks them for their service and dedication. #badenclay @abcnews
• Justice Byrne is now discharging the three reserve jurors, who have sat through every day of testimony, every witness. #badenclay
• Justice Byrne is telling the jury its verdict must be unanimous. #badenclay
• If the verdict is guilty of murder, no further verdict taken
• If not guilty, they will be asked their verdict on manslaughter
• Reserve jurors told their participation in the trial is no longer required and they are discharged
• Justice Byrne thanks the reserves
• "I ask you now please to retire to consider your verdict." Justice Byrne to jury. Jury out. #badenclay
• Jury has now retired to consider verdict in #badenclay murder trial @9NewsBrisbane
• Justice Byrne is now discharging the three reserve jurors. Thanks them for their service and dedication.
• Justice Byrne: I ask you now please to retire to consider your verdict.
• I ask you now to retire to consider your verdict
• Gerard Baden-Clay looking in the direction of the jurors as they leave the court
• On day 18, week five, of Gerard Baden-Clay's murder trial, the jury has retired to consider their verdict
