The Crown v Gerard Baden-Clay, 10th July - Trial Day 18

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In my webslomnia overnight, I started thinking about this crime from a different angle, trying to get inside the mind of a criminal mastermind. Clearly, I'm not and neither is GBC - not such a bad thing.

IMO, GBC fairly quickly determined only two alternative versions would clear him: suicide and misadventure. There was more circumstantial evidence favouring the former, but only the latter would see him paid her life insurance, hence IMO the insistence to police early that there were no mental health/medication/relationship issues (this assumed prominence later, when his own liberty became more important IMO).

So, I think there were only, in each case, just a few more things GBC needed to do in order to make either credible, to my mind at least. As you would appreciate by now, I mean no disrespect to Allison in writing this, just thinking from a defendant's perspective.

Misadventure

1. Admit the scratches were inflicted during an argument about the resumed affair/not attempt to conceal them;
2. Concoct that Allison fled the house, on foot, in an agitated state;
3. Not get blood in her car;
4. Not get plant matter in her hair;
5. Not recharge your phone, or say you did because you were awake, worried sick;
6. 'Cleanse' A's handset (as nothing incriminating's been found via the telco) and leave it in plain sight, at home or on her person;
7. Deposit the body closer to home, but inflict further injury in doing so to both mask existing and suggest a violent (other) attacker;
8. Remove A's jewellery;
9. Approach the required phone calls in the correct order and act at least 30% more normal.
There is still:

the other woman
the financial problems
the life insurance enquiries
the life insurance claim
the failure to make any calls, go and search for her etc. on the evening of the 19th following the "argument"
the lack of sexual assault to Allison
the lack of physical injury to Allison
the failure of the "argument" to wake the children
the unlikelihood of Allison leaving the house following an argument with GBC.

That one's wife would flee the house, leaving her three school-aged children, following a violent argument about an affair and then happen to be robbed and murdered is simply too implausible for a jury to accept.
 
Leonie Mellor ‏@leoniemellor 43s

Jury in #badenclay trial being called back in. Understood to be relating to query. @abcnews
 
Sarah Elks ‏@sarahelks 35s

The #badenclay jury will be brought back into the courtroom to be addressed by Justice John Byrne.
 
Regarding the interfering with a corpse charge, the first links states it was dropped...but the second states that it was listed along with the murder charge (both Brisbane Times articles from last month)


"Gerard Baden-Clay was charged with one count each of murder and unlawfully interfering with a corpse on June 13, 2012.
Police subsequently dropped the latter charge."

Brisbane Times website, 9th June 2014: http://www.brisbanetimes.com.au/que...sappearance-20140609-zs1z9.html#ixzz371rcKCza


"Before Justice John Byrne, Mr Baden-Clay is scheduled to face trial in Brisbane's Supreme Court from June 10 charged with the murder of his wife Allison Baden-Clay. He is also charged with one count of unlawfully interfering with a corpse."

Brisbane Times, 2 June 2014: http://www.brisbanetimes.com.au/que...-to-be-quizzed-about-bias-20140602-zrv1k.html



In the poll thread, I wrote that I thought the verdict would be guilty of murder, but if I was on the jury, I probably would have found that there was not enough evidence for the interfering with a corpse charge, because I had a feeling that *someone else* may have involved, but there wasn't enough evidence to charge them.
 
Sarah Elks ‏@sarahelks 53s

The jury has requested for a copy of the judge's summing up. #badenclay

Marissa Calligeros ‏@marissa_sc 29s

The jury has been called back into the courtroom for a direction from Justice John Byrne #badenclay
 
Sarah Elks ‏@sarahelks 45s

Justice Byrne tells jury that if it want to hear parts of the summing up, or the whole lot, again, he'll read it out for them #badenclay
 
From summing up by Justice Byrne "He said Mr Byrne argued Ms Baden-Clay was wearing pyjamas on the night of April 19, 2012, consistent with evidence from one of the children, but was found wearing her walking clothes."

So ..... what happened to the pyjamas?
 
Sarah Elks ‏@sarahelks 1m

After only a couple of minutes in the courtroom, the jury has been asked to return to its deliberations. #badenclay
 
Some light Reading LOL...

Day 1-18
MSM Baden-Clay Collection of the Court Case (from start to today)
by David Murray, Brooke Baskin

Timeline in order of days proceedings.
 

Attachments

  • Bayden-Clay Trial – DAY 1-18 COMPLETE – Collection – Courier Mail - MSM Daily Summary - Ordered.pdf
    1.4 MB · Views: 14
Francene Norton ‏@francenenorton 51s
Jury was called back in. Justice Byrne told them if they want to hear parts of the summing up again, he'll read it to them
 
Eammon Atkinson ‏@EAtkinson7 2m

#BadenClay jury has asked for a copy of the judge's summary. Prosecution and Defence don't want them to have it.

Judge has told jury he will re-read parts of his summary if they want to be reminded of it. #BadenClay
 
Leonie Mellor ‏@leoniemellor 55s

Judge: jury request copy of summing, both Crown and Defence prefer any part to be read in courtroom. @abcnews #badenclay
 
Was in main court today. Poor Mr Dickies eyes are so bloodshot and all parties look really weary. Defence, Prosecution..even jury. Mark Ainsworth sat next to Mr Dickie and seems to be mulling around with the Dickies. The Dickies friends have been handing out yellow ribbons to their close family/friends. As Gerbil was leaving court, NBC, EBC and OBW were trying to talk to him and he looked at them and shook his head and kept walking. They all looked a bit disappointed. The Dickies have their own private room next to court room and same with BC's. Media will have 12 seats in the court when the jury deliver their verdict. Plus 12 seats for each side of family. Gerbil looked really stressed out before he left room. Hand to forehead. Let's hope for a great result! Hot Toddy has done a great job. My prediction - tomorrow verdict, but would be so happy for today so I can finally sleep well know Gerbil is locked up.
 
Anyone seen Oddsocks? Did she finish the picture of allison?
 
Sarah Elks ‏@sarahelks 45s

Justice Byrne tells jury that if it want to hear parts of the summing up, or the whole lot, again, he'll read it out for them #badenclay

They must not get the written version.
 
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