1.01pm: Mr Byrne asked the jury to consider the evidence of transportation of the body, including the absence of mud in the Captiva, on the wheels of the car, on shoes, around the house or on Gerard Baden-Clay’s clothing.
He asked the jury how the accused would have carried a body down the steep embankment at Kholo Creek, at night, when police officers had trouble traversing the same area during the daylight.
“This essential point of the Crown case, namely the transporting of the body and the dumping of it in the creek, just did not happen,” he said
Mr Byrne said Baden-Clay was on trial for murder and the evidence was the key.
“You do not ignore evidence, you don’t make excuses for the complete absence of any link between Kholo Creek and the house on Brookfield Rd because Allison is dead and someone must be punished,” he said.
“Our system presumes people to be innocent unless the evidence overwhelms…”
Mr Byrne said Baden-Clay phoned police at 6.53am on April 20, 2012.
He said the accused invites the first police to arrive into the house, its surrounds and the cars shortly afterwards.
“That conduct, you might think, is only consistent with a man who is anxious for his missing wife and wants her found and located as soon as practicable,” he said.
“You might think it’s completely at odds with a man attempting to conceal a crime and a man attempting to conceal a crime scene, because there is no crime scene at the house. A crime scene that wasn’t there.”
Mr Byrne took the jury to a power point slide on why the accused would kill his wife.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
