The Crown v Gerard Baden-Clay, 25th June - Trial Day 10, Week 3

[Trooper]

Bring on tomorrow.

Oh boy! what I would do to see GBC up there trying to convince all he has no idea what transpired that night/morning.

I was 60/40 the other day that he would take the stand.. now I am totally at sea... 50/50..... even 40/60....

for these reasons.. I know he wants to. He is a man who sells himself by yapping.. and he is good at it, he can wring untold amounts of money out of what appears to be quite professional people at an alarming clip, and they never realise they are being fleeced at all, not then and not for a long time after, and that is talent.. I cant argue that, and now he has to sell himself on a whole other level. To reluctant buyers ( a jury) ..

He will be advised not to take the stand.. No defence barrister ever wants their client to take the stand. Ever.. If a defence could run a case without the client sitting there, even that would be so much better. And he isn't obliged legally or constitutionally to take the stand.. the jury will be directed to not infer anything prejudicial if he doesn't.

He will have been prepared for todays decision. As much as his defence can prepare him for it. Whether it sticks or not , I cannot tell. .. Not much good advice has stuck to Gerard , otherwise he wouldn't be sitting in the dock.

I don't know how much he counted on todays submission being successful. I suspect his family believed it would be. .. whether he did, I don't know. If he did count on it, he will be completely unprepared to take the stand tomorrow. He will be a shambles..

If he took it in his stride, and is prepared.. then.. .. maybe..

 

[Liadan]

I was 60/40 the other day that he would take the stand.. now I am totally at sea... 50/50..... even 40/60....

for these reasons.. I know he wants to. He is a man who sells himself by yapping.. and he is good at it, he can wring untold amounts of money out of what appears to be quite professional people at an alarming clip, and they never realise they are being fleeced at all, not then and not for a long time after, and that is talent.. I cant argue that, and now he has to sell himself on a whole other level. To reluctant buyers ( a jury) ..

He will be advised not to take the stand.. No defence barrister ever wants their client to take the stand. Ever.. If a defence could run a case without the client sitting there, even that would be so much better. And he isn't obliged legally or constitutionally to take the stand.. the jury will be directed to not infer anything prejudicial if he doesn't.

He will have been prepared for todays decision. As much as his defence can prepare him for it. Whether it sticks or not , I cannot tell. .. Not much good advice has stuck to Gerard , otherwise he wouldn't be sitting in the dock.

I don't know how much he counted on todays submission being successful. I suspect his family believed it would be. .. whether he did, I don't know. If he did count on it, he will be completely unprepared to take the stand tomorrow. He will be a shambles..

If he took it in his stride, and is prepared.. then.. .. maybe..

Can I be the first to say it 'Will he be a little bit hurt?'

 

[Lotsa]

From the DPP's Official Guidelines

http://www.justice.qld.gov.au/__data/assets/pdf_file/0015/16701/Directors-guidelines.pdf

"39. WITNESSES

In deciding whether or not to call a particular witness the prosecutor must be fair
to the accused. The general principle is that the Crown should call all witnesses
capable of giving evidence relevant to the guilt or innocence of the accused.

The prosecutor should not call:-

• unchallenged evidence that is merely repetitious; or

• a witness who the prosecutor believes on reasonable grounds to be
unreliable. The mere fact that a witness contradicts the Crown case will not
constitute reasonable grounds.

See: Richardson v R (1974) 131 CLR 116; R v Apstolides (1984) 154 CLR 563;
Whitehorn v R (1983) 152 CLR 657 at 664, 682-683.

The defence should be informed at the earliest possible time of the decision not
to call a witness who might otherwise reasonably be expected to be called.
Where appropriate the witness should be made available to the defence. "

 

[Jo04]

Not OBW, GBC texted Allison at 8:22pm. Why if they were both home?

Me and my husband text each other at home all the time especially if we want to say something and not have the kids hear.


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[itsthevibe]

alrighty... the submission was, that there was no murder committed , ( that Alison killed herself )....

it was not , as I had hoped and guessed that Gerard was copping a plea to a lesser charge.. ...

the Jufdge has decided that he wont accept that submission. the trial goes on. ..

now its the big one. will Gerard take the stand?? he has to go before all other defence witnesses.

No, not that she killed herself...

 

[Trooper]

I'm sorry but that is definitely NOT the case. It is up to the jury to decide if the offence of murder has been committed, the rejection of a no case submission is not an admission of this. All it means is that the Judge believes that there is the possibility of a reasonable jury finding the defendant guilty based on the evidence led to date. It does not mean that the prospect of a conviction is likely (or unlikely for that matter).

with respect, JCB, it is up to the jury to decide who in fact did commit the murder.. not if a murder was done. The judge has decided that there is , in the light of evidence presented so far, a case to answer..as did the Bail judge, and the Committal Judge. The defence submitted that there wasn't a case to answer, today, again, and again, the judge says there is. The case is Murder, and Interfering with a Corpse.. that stands... the jury decides if Gerard did both these crimes, because he is the one charged with both crimes, the inference being that one crime led to the other. That a murder was committed, and in the process of concealing that first crime another serious crime was perpetrated. .

The jury don't decide if a crime was committed.. the judge has rejected the premise that no crime was committed today. The jury will decide if Gerard did them both. Or didn't. On that part, we both agree wholeheartedly.

 

[Jo04]

Could it be that Allison had 3 birthdays since affair started/restarted and he only remembered 1 of those 3 birthdays of hers?

I thought that way too


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[BJsleuth]

Me and my husband text each other at home all the time especially if we want to say something and not have the kids hear.


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That's fair enough. I can understand that.

 

[Fluffykins]

Sort of OT but personally I think looking up "self-incrimination" on Wikipedia the day before your wife disappears - only to turn up dead 10 days later - is in itself self-incriminating.

It doesn't just speak, it shrieks to me of premeditation. I can only hope the jury sees it that way too.

 

[wewillgetyou]

I'd hazard a guess if the prosecutor was a woman and there were more women on the jury GBC would take the stand and be Mr charming.

My theory is there are more men on the jury than women as the defence would have thought they could relate to GBC.

 

[BJsleuth]

Sort of OT but personally I think looking up "self-incrimination" on Wikipedia the day before your wife disappears - only to turn up dead 10 days later - is in itself self-incriminating.

It doesn't just speak, it shrieks to me of premeditation. I can only hope the jury sees it that way too.

Coupled with calling TM on 19th after saying Allison was checking this so he didn't call from his mobile - just three days after telling a relationship counsellor he wanted to work on the marriage.

 

[Trooper]

No, not that she killed herself...

Vibe I see what you mean.. that the judge decided that a case for murder as charged against the defendant was to proceed.. and that the submission by the defence was that the case against Gerard had no foundation..... that the defence wasn't arguing that a murder had been committed, just that Gerard didn't do it based on the evidence presented??

 

[marlywings]

I'd hazard a guess if the prosecutor was a woman and there were more women on the jury GBC would take the stand and be Mr charming.

My theory is there are more men on the jury than women as the defence would have thought they could relate to GBC.

Correct re jury members...but only by two...

June 10, 2014

On the first day of his four-week Queensland Supreme Court trial, a seven-man, five-woman jury has been selected, along with three female reserve jurors.

http://www.theaustralian.com.au/new...ly-murdered-wife/story-e6frg6nf-1226949175439

 

[HoolyDooly]

Mr and Mrs Dickie would have been quite aware of the process today.. I am sure the QPS keep them up to speed and today would have been no surprise to them at all. It is truly , as I see it, a very good day for them, as the judge has categorically discarded the theory that Alison was responsible for her own death.. by rejecting the submission that no murder was committed, the judge has underlined the point that someone murdered Alison, and left her body at the Kholo creek, and it wasn't Alison that did that.. ie. a murder was committed. .

Sort of OT but personally I think looking up "self-incrimination" on Wikipedia the day before your wife disappears - only to turn up dead 10 days later - is in itself self-incriminating.

It doesn't just speak, it shrieks to me of premeditation. I can only hope the jury sees it that way too.

Hi Fluffykins I believe G has said he looked it up for his mother for The Good Wife.....

 

[Lotsa]

I'd hazard a guess if the prosecutor was a woman and there were more women on the jury GBC would take the stand and be Mr charming.

My theory is there are more men on the jury than women as the defence would have thought they could relate to GBC.

Hopefully it backfires because as a man, I can certainly not relate to ever having cut my self shaving in the manner Gerard tried on.

 

[digitup]

My nephew who works in a court house explained it to me.
In my very lay mans terms, the defence has said the prosecution can't prove anything and the judge stepped in and said oh yes there is enough evidence. So judge has said game on. Because the jurors were sent out then it will now be up to the jurors to decide.
Hope this makes sense because at the moment I'm overwhelmed.

In the DigItUp court of law, I find the defendant guilty of at least...
1/ Impersonating a Man
2/ Impersonating a Husband
3/ Impersonating a father
4/Impersonating a businessman
I reserve my judgement on whether the defendant is seen as a worthy Brother,Son or Uncle as he is considered Partial Baden , Partial Clay..

 

[Trooper]

Coupled with calling TM on 19th after saying Allison was checking this so he didn't call from his mobile - just three days after telling a relationship counsellor he wanted to work on the marriage.

he was so keen on telling folks this yarn.. except Toni, of course. . Although, even to her he spun the story of how he couldn't get out of it due to Alisons fragile mental state..poor old Toni got deadline after deadline... but she always came back for more..

I reckon he couldn't leave.. he had no confidence in himself without Alison. And he could go on for years undermining her to anyone, and he got pleasure in doing that.. no so certain doing it to others.. . Alison was perfect, in that context.

 

[Liadan]

Hopefully it backfires because as a man, I can certainly not relate to ever having cut my self shaving in the manner Gerard tried on.

The jury has a lot of members over 30 and I would think many are married and I am sure the ladies on that team would be thinking- geez GBC must have not been an experienced shaver -glad my man got facial hair before he was 30 - coz not even a novice teenager can inflict such damage to themselves even with all their skin problems!

As for the men - they would be thinking, :liar: what a crock of.....

 

[Trooper]

In the DigItUp court of law, I find the defendant guilty of at least...
1/ Impersonating a Man
2/ Impersonating a Husband
3/ Impersonating a father
4/Impersonating a businessman
I reserve my judgement on whether the defendant is seen as a worthy Brother,Son or Uncle as he is considered Partial Baden , Partial Clay..

he was also impersonating as a driver.. two crashes in a fortnight.. gimme a break.

 

[Amee]

Emmy Kubainski ‏@emmykubainski 10m

Prosecution - case closed in Baden-Clay trial. Jury will find out tomorrow if Defence will put anything forward. @7NewsBrisbane #badenclay