11.49am: Mr Byrne told the jury in his closing address, there was, on the evidence, “a complete absence of a crime scene” at the Baden-Clay home on Brookfield Rd at Brookfield.
He said police were invited to the house early on April 20, 2012.
Mr Byrne said the accused rang police three times that morning.
He said one of the first police to the scene searched cars and inside the property after being granted permission to do so by Baden-Clay
Mr Byrne said the police officer told the jury he found nothing.
“He found no signs or any evidence of a struggle, no damage in the house,… he thought there might be blood he told you and he looked for it, but he found none, and he was doing all that, he told you because he was fulfilling his job to see if he could find, as first response officer,… and the evidence is quite clear, he did not,” he said.
Mr Byrne said although a violent killing was alleged to have taken place the night before, by the next day there was no evidence of it.
He turned to the evidence of Sen-Constable Ashley Huth, who searched the garage at Brookfield where the Baden-Clay Holden Captiva was parked.
Mr Byrne said Sen-Constable Huth did a thorough visual inspection of the area and saw nothing that looked like blood.
“He then undertook chemical testing, that is a presumptive screening chemical to see if there was anything like blood… and there was, in his words, nothing that reacted positively,” he said.
“It’s one thing to say there is blood in the Captiva and therefore you can conclude that it is the accused. It’s not that simple… what this evidence shows is there are no droplets of blood, no visual or positive presumptive testing for blood,” he said.
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