The Crown v Gerard Baden-Clay, 2nd July - Trial Day 14, Week 3

[laserdisc10]

I just cant see the State of QLD offering him a lesser charge.. they've gone with these two charges, and that's that..

Gerard could bleat about it, but unless the QLD Prosecution service,, the DPP offers it, he can bleat till kingdom come.

Thanks, Trooper

Glad to hear it. Because there have been rumours

He pled not guilty and that should be that, imo. No second chances just because he and his team are sniffing a guilty verdict

 

[Snails]

Anyone else feel highly emotional after these last few weeks?
I feel all sorts of wrong and uptight. I can only imagine the feelings of the Dickies.
Bring on a guilty verdict.

Highly emotional. I did not know Allison but I could "relate" to her on so many levels - the controlling narcissistic husband and family, three daughters etc. I was lucky to find the strength to get a divorce after fearing for my life. That took A LOT of strength believe me. I do not believe for a nano second that Allison would have voluntarily left her daughters. My thoughts are with the Dickies and Allison's precious daughters right now.

 

[whatif?]

He did whatif! Thank you for reassuring me that I'm remembering correctly. NBC definitely said that right?

Yes that's what I thought he said Thinking. I certainly don't remember him saying they were at Davis' office when they were told.

 

[Tangled_Web]

hard to believe that Alison would kill herself.. she had it made, if Gerard is to be believed.. he did the ironing, put the kids to bed, sang to them, did the cooking, cleaned out the cupboards, organised her insurance policies, started up a business , prominent in the community, a scout, an advisor, a counsellor, a sex expert, a psychologist, an accountant, irresistible , wealthy friends, helpful mum and Dad and sister, bon vivant and traveller, excellent driver, mechanic, computer expert, placatory in the extreme, good looking, never smells, a listener, ....

and helped any boy who was being bullied, as we heard today

 

[Trooper]

I'm pretty sure legal aid won't fund an appeal. Ali?

I am not a lawyer... I could be a Sergeant in the Canadian Mounted Police, as a dog handler, though.. heh..

BUT.. everyone is entitled to an appeal. you will see every defendants lawyer come out on the courthouse steps and say , my client is appealing. no pun intended.. and that is true. one's client is entitled..

its if the Appeal is upheld. that is.. one can apply for an Appeal. the judging panel decide if it is worth continuing with.. .. has new evidence been presented?? has a judge made an error in his instructions to the jury?? this kind of thing..

 

[royster]

I have hea... Thought maybe ? That certain people def read Aussie criminals.

 

[marlywings]

Hi Marly

I did not follow the Sica trial at all, I don't know anything about that one.

I hope GBC will be found guilty as I believe he is.

I am feeling more positive now than I was at the end of the prosecution case.


I have tried as best I can to see things as the jury might - impossible if not there of course.

I seem to get a lot of disagreement, but don't think it means I don't think he did a despicable thing just because I am trying to look at it fairly rather than just hang him to dry without weighing all of the evidence - it's ok for me to privately believe in his guilt on gut feel but I would not like to live in a country where justice was dealt without evidence or where being guilty of lying is judged as guilty of murder.

And that's fair enough too but sometimes you have to look beyond the lies. The lies are the front of the charade, once behind that front his world is exposed. Then it just comes down to plain ole common sense to sort the wheat from the chaff.

I think we all have to take into consideration we're only "hearing" the trial via tweets & the summaries which come later on. When you're actually in the courtroom listening to the evidence it's a whole other world.

There were no whizzbang knock your socks off moments but with the evidence compiled by extremely experienced experts from police, forensics, doctors etc etc there is no doubt in my mind that he killed Allison, as stated in charge sheet....at the house & her body was dumped under the bridge.

Exactly how he managed it all, we will most likely never know....as is the case with so many other murder cases.

Sica was a control freak too & told mega lies. Majority of them are all the same behind their charades.

 

[Susan12]

I really hope we are going to get a really great summary from the prosecution in closing that ties it all together.

Because the case is circumstantial I think they need to do two key things.

1) It'll be important to show how it's not just one piece of circumstantial evidence but many and how they all pile up together to make it convincing. Too many to just be a coincidence. Lay them all out, 1, 2, 3,. The blood in the new car with no injuries, the plants in her freshly done hair, the scratches on his face that look like fingernails, the 2nd persons DNA under her fingernails, the 'hidden' location she was found, how far from home she was found, that she was doing well with her depression, he had motive and opportunity, etc, Make it strong enough they don't need the murder weapon or a witness to him doing it.

2) Show by elimination how it can't have happened any other way. Show how there is no other alternative that could make sense. Not the mistress, not suicide, not a stranger. Cover them off. Not the mistress because (alibi?), not the stranger because no sexual abuse, nothing stolen, etc. Not an accident or suicide because she wouldn't have walked that far by accident nor without being seen, that she has no broken bones, no drowning or toxic level of drugs, not found hanging so how could she have killed herself intentionally or by accident? How did she get the plants in her hair, the blood in the car, why wouldn't her phone be at the house or in the same area as her body, etc.

This corresponds to what the jury will ask themselves. They'll ask if they have enough to say he's guilty. They'll also ask if they have enough to rule out the other options.

 

[Doidy]

Respectfully snipped.

I find it strange that Mother and Daughter didnt engage in a conversation at this point. a mother would instinctively ask if everything is ok if a child wakes etc.

Not necessarily - my young son does this every second night so it's totally expected and we just say ok, he gets it and then goes back to bed - almost part of his bed time routine!

 

[Pastafarian]

From memory, I think the scout camp was mentioned by Mr. Fuller, but GBC replied that he was not familiar with it. Perhaps someone else can correct me.

You would think Baden Powell's g. grandson would know every scout camp in Qld.!

There was far less in the Kerry Whelan case. Her body was never found. Bruce (there's that name again) Burrell was the last person to see her alive. Much evidence wasn't presented as it was deemed prejudicial. He was still convicted.

Same in the Keli Lane case in NSW

 

[JCB]

I just cant see the State of QLD offering him a lesser charge.. they've gone with these two charges, and that's that..

Gerard could bleat about it, but unless the QLD Prosecution service,, the DPP offers it, he can bleat till kingdom come.

Yes I agree, no chance. Most plea negotiation takes place prior to trial anyway.

I am not a lawyer... I could be a Sergeant in the Canadian Mounted Police, as a dog handler, though.. heh..

BUT.. everyone is entitled to an appeal. you will see every defendants lawyer come out on the courthouse steps and say , my client is appealing. no pun intended.. and that is true. one's client is entitled..

its if the Appeal is upheld. that is.. one can apply for an Appeal. the judging panel decide if it is worth continuing with.. .. has new evidence been presented?? has a judge made an error in his instructions to the jury?? this kind of thing..

Legal Aid can and do refuse to fund appeals but for high profile cases such as this you can usually find someone to act pro bono.

 

[possumheart]

Anyone else feel highly emotional after these last few weeks?
I feel all sorts of wrong and uptight. I can only imagine the feelings of the Dickies.
Bring on a guilty verdict.

Yep, I feel really strung out. Send as much love and light to the a Dickies as I have to give.

I have hea... Thought maybe ? That certain people def read Aussie criminals.

And Aussie Criminals def read Websleuths and so the circle goes.

 

[Trooper]

if it is any comfort, Appeals by a defendant are regularly dismissed.. I think the strike rate is about 10% are upheld. if that.. in certain sorts of convictions...it is very rare in Murder convictions for an Appeal to be allowed to proceed to court for re argument..

Gerard could also appeal his sentence.. ( which I believe will be a stiff one, and perhaps on a par with Sica's..) ... he might get legal aid for that somewhere down the track, but only if Legal Aid considers it as a possibility of success..

 

[BJsleuth]

From memory, I think the scout camp was mentioned by Mr. Fuller, but GBC replied that he was not familiar with it. Perhaps someone else can correct me.

You would think Baden Powell's g. grandson would know every scout camp in Qld.!

A Google image search shows him in what appears to be a scout u inform with his daughters.

 

[Thinking]

Hahaha......we need all Brisbanite WS members to meet at a Maccas Cafe to dissect the whole case after the verdict guys! Would love to hear about the BROOKIE BALL.... LOL

Me too - I'm intrigued and so wishing you could share!

 

[kiwi50]

So are we never going to know what was in Toni's fifth statement.
I think it is still a possibility that she told Allison herself by text or phone call that she and Gerard were still having an affair.
Why was she so upset at the thought of Allison going to the conference, we know it wasn't concern for Allison sake.

Have the Defence actually said "GBC did not kill Allison" or did they only say "GBC will tell you he did not kill Allison"
Both the Defence and GBC seem to stress more that GBC did not leave his daughter"s alone that night, he did not drive to Kholo Bridge, than the fact that he did not kill Allison, they seem to be trying to hoodwink the jury into thinking if he didn't do these things, he couldn't possibly have killed her, which makes me wonder if someone else did dispose of Allison's body.
I believe the Defence know exactly what happened that night.

 

[itsthevibe]

I am not a lawyer... I could be a Sergeant in the Canadian Mounted Police, as a dog handler, though.. heh..

BUT.. everyone is entitled to an appeal. you will see every defendants lawyer come out on the courthouse steps and say , my client is appealing. no pun intended.. and that is true. one's client is entitled..

its if the Appeal is upheld. that is.. one can apply for an Appeal. the judging panel decide if it is worth continuing with.. .. has new evidence been presented?? has a judge made an error in his instructions to the jury?? this kind of thing..

Yes, anyone can apply for an appeal, but you have to have grounds for the appeal. Not sure of the process but the grounds have to be tested before a decision is made.

 

[royster]

Yep, I feel really strung out. Send as much love and light to the a Dickies as I have to give.



And Aussie Criminals def read Websleuths and so the circle goes.

Yeh the clan are prob going between both. Def 1 though

 

[volunteer]

if it is any comfort, Appeals by a defendant are regularly dismissed.. I think the strike rate is about 10% are upheld. if that.. in certain sorts of convictions...it is very rare in Murder convictions for an Appeal to be allowed to proceed to court for re argument..

Gerard could also appeal his sentence.. ( which I believe will be a stiff one, and perhaps on a par with Sica's..) ... he might get legal aid for that somewhere down the track, but only if Legal Aid considers it as a possibility of success..

Isn't life mandatory now for murder. I may be wrong.

 

[LadyBird1]

Probably if they were so tight on cash, a tuckshop lunch wasn't an option. They must have been running a pretty tight ship.

Sorry, disagree there possum! Allison might have been the one tight on cash.
GBC? Now he's a completely different kettle of fish, or kettle of something fishy.