Absolutely. And you do not get a complete picture from a profit and loss either.
Always look at cash flow.
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The Crown v Gerard Baden-Clay, 7th July - Trial Day 15
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Absolutely. And you do not get a complete picture from a profit and loss either.
Always look at cash flow.
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Amee
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Gerard and Allison had been married for 14 years, their life together over that period of time has been unmarked by any sense of violence, any history or violence and Gerard Baden-Clay, as he told you and as you heard from various professionals… they had gone through together years of her depressive illness,” he said.
“It’s fair to say, you might think, that their marriage and life together was not a passionate view. Allison told one of the treating doctors they had no intimacy for years.”
He said marriages and people were different, as all people and relationships were.
“The picture that the evidence paints is that there was between Gerard and Allison, this companion type relationship, the sexual passion is gone, so that’s what they are going through at this stage of their life,” he said.
“It is true and I don’t shirk from this, that many people in the community… may find it abhorrent that a partner in a marriage would be sexually unfaithful to their partner. Fair enough. That’s a moral judgment, we all have our own compasses in that regard.
“It may be some of you, or all of you, may think less of Gerard Baden-Clay because he told you he wasn’t sexually faithful to Allison but he is a person who has been unfaithful, not once but more than once and maybe, you would think you find his morals despicable.
“That is a far cry though, from labelling him, a murderer.”
Mr Byrne said the Crown contended a motive that Baden-Clay intended to leave his wife to be with mistress Toni McHugh.
“Again, my submission to you is that when each of you… scrutinise the evidence, when you do that you will see clearly that not only was that not the case, that is, he did not want to leave his wife for Toni McHugh, but even Toni McHugh knew in her heart, that was not the case,” he said.
Mr Byrne turned to the evidence of Ms McHugh on the nature of her relationship with the accused.
He said Ms McHugh said her relationship with the accused was “up and down all the time, year after year” and although he entertained her plans for their future together, he “never really got practical about anything”.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
“It’s fair to say, you might think, that their marriage and life together was not a passionate view. Allison told one of the treating doctors they had no intimacy for years.”
He said marriages and people were different, as all people and relationships were.
“The picture that the evidence paints is that there was between Gerard and Allison, this companion type relationship, the sexual passion is gone, so that’s what they are going through at this stage of their life,” he said.
“It is true and I don’t shirk from this, that many people in the community… may find it abhorrent that a partner in a marriage would be sexually unfaithful to their partner. Fair enough. That’s a moral judgment, we all have our own compasses in that regard.
“It may be some of you, or all of you, may think less of Gerard Baden-Clay because he told you he wasn’t sexually faithful to Allison but he is a person who has been unfaithful, not once but more than once and maybe, you would think you find his morals despicable.
“That is a far cry though, from labelling him, a murderer.”
Mr Byrne said the Crown contended a motive that Baden-Clay intended to leave his wife to be with mistress Toni McHugh.
“Again, my submission to you is that when each of you… scrutinise the evidence, when you do that you will see clearly that not only was that not the case, that is, he did not want to leave his wife for Toni McHugh, but even Toni McHugh knew in her heart, that was not the case,” he said.
Mr Byrne turned to the evidence of Ms McHugh on the nature of her relationship with the accused.
He said Ms McHugh said her relationship with the accused was “up and down all the time, year after year” and although he entertained her plans for their future together, he “never really got practical about anything”.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Amee
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Mr Byrne said the accused spent time with Ms McHugh during the week, while he spent time with his family on the weekends.
He said Baden-Clay had not even been faithful to Ms McHugh.
“It’s not like, you might think on the evidence, that this was his grand passion. The love of his life that he would abandon his family for. To be brutally frank with you, Gerard Baden-Clay was not faithful, full stop,” he said.
He said Ms McHugh said Baden-Clay was “good at making promises” and when he told her he would be separated by July 1, 2012, she thought he was “just pulling a number out of thin air” and “didn’t believe it at all”.
Mr Byrne asked the jury if Ms McHugh did not believe Baden-Clay would leave to be with her on July 1, 2012: “How could you?”
He said Baden-Clay told Ms McHugh his wife and an employee Kate Rankin would attend a real estate conference the following day during a phone call on April 19, 2012.
Mr Byrne said Ms McHugh told the jury she felt like she had “just been played again”.
He said she told the jury it was “a symptom of an affair”.
“Gerard Baden-Clay… had no intention of leaving his wife and three young daughters for Toni McHugh,” he said.
“There was no reason to, no need to. There certainly wasn’t a sexual need, there certainly wasn’t a passion to overflow and ignite, none of those things.
“Did he kill his wife to be with Toni McHugh? Not likely.”
He said when he spoke to Ms McHugh the next day she asked him what had happened: “Did you argue?”
Mr Byrne said the accused told her no, that she had just gone missing.
He said Baden-Clay told her “quite simply, tell the truth” when she asked him what she should do.
“Ms McHugh is not a motive. She is, like the blood, an artefact: someone who was there in the background, in the wallpaper,” Mr Byrne said.
“I know it’s cruel to say something like that but that’s what the evidence paints.”
Mr Byrne said if there was no “explosion” or fraying of tempers when his wife found out about his affair with Ms McHugh in late 2011.
He said there were tears, but no raised voices.
Mr Byrne said when Baden-Clay told his mistress that same day, she threw things at him and called him a “low life
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
He said Baden-Clay had not even been faithful to Ms McHugh.
“It’s not like, you might think on the evidence, that this was his grand passion. The love of his life that he would abandon his family for. To be brutally frank with you, Gerard Baden-Clay was not faithful, full stop,” he said.
He said Ms McHugh said Baden-Clay was “good at making promises” and when he told her he would be separated by July 1, 2012, she thought he was “just pulling a number out of thin air” and “didn’t believe it at all”.
Mr Byrne asked the jury if Ms McHugh did not believe Baden-Clay would leave to be with her on July 1, 2012: “How could you?”
He said Baden-Clay told Ms McHugh his wife and an employee Kate Rankin would attend a real estate conference the following day during a phone call on April 19, 2012.
Mr Byrne said Ms McHugh told the jury she felt like she had “just been played again”.
He said she told the jury it was “a symptom of an affair”.
“Gerard Baden-Clay… had no intention of leaving his wife and three young daughters for Toni McHugh,” he said.
“There was no reason to, no need to. There certainly wasn’t a sexual need, there certainly wasn’t a passion to overflow and ignite, none of those things.
“Did he kill his wife to be with Toni McHugh? Not likely.”
He said when he spoke to Ms McHugh the next day she asked him what had happened: “Did you argue?”
Mr Byrne said the accused told her no, that she had just gone missing.
He said Baden-Clay told her “quite simply, tell the truth” when she asked him what she should do.
“Ms McHugh is not a motive. She is, like the blood, an artefact: someone who was there in the background, in the wallpaper,” Mr Byrne said.
“I know it’s cruel to say something like that but that’s what the evidence paints.”
Mr Byrne said if there was no “explosion” or fraying of tempers when his wife found out about his affair with Ms McHugh in late 2011.
He said there were tears, but no raised voices.
Mr Byrne said when Baden-Clay told his mistress that same day, she threw things at him and called him a “low life
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Amee
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He told the jury to reject any “premeditated killing or murder” on that night and equally to reject “any sudden surge of passion or emotion”.
Mr Byrne told the jury the only emotion it saw on the stand from the accused was when he relived his life with his wife and the shock of her disappearance.
He asked the jury whether financial pressure was a “reasonable motive” for killing or murdering his wife of 14 years.
“It’s ridiculous. Leave aside that common sense approach, when you drill down, when you look at the evidence, it does not disclose any financial hardships,” he said.
Mr Byrne said his friends who invested money in his business did not say the accused was under financial pressure.
He said all that was outstanding was $2000-odd owed on a credit card.
The jury was shown a copy of the couple’s assets and liabilities report, totalling $74,663.11.
He took the jury to the evidence of Robert Cheesman who said Baden-Clay’s finances were structured so that personal and business assets held separately.
Mr Byrne said for personal assets, including bank accounts, super, investments and shares, the couple held $190,082.78.
He said the Baden-Clay real estate company held $83,960.
He said World of Top Step Pty Ltd, the company the accused started together, with an investment property at Paradise Point, held $235,000.
Mr Byrne said Baden-Clay’s two companies, Settled property Sales held -$155,000 as its net assets position while Settle Westside held -$278,000.
“Gerard Baden-Clay held substantial personal assets at April, 2012,” he said, adding it would have amounted to around half a million dollars.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Mr Byrne told the jury the only emotion it saw on the stand from the accused was when he relived his life with his wife and the shock of her disappearance.
He asked the jury whether financial pressure was a “reasonable motive” for killing or murdering his wife of 14 years.
“It’s ridiculous. Leave aside that common sense approach, when you drill down, when you look at the evidence, it does not disclose any financial hardships,” he said.
Mr Byrne said his friends who invested money in his business did not say the accused was under financial pressure.
He said all that was outstanding was $2000-odd owed on a credit card.
The jury was shown a copy of the couple’s assets and liabilities report, totalling $74,663.11.
He took the jury to the evidence of Robert Cheesman who said Baden-Clay’s finances were structured so that personal and business assets held separately.
Mr Byrne said for personal assets, including bank accounts, super, investments and shares, the couple held $190,082.78.
He said the Baden-Clay real estate company held $83,960.
He said World of Top Step Pty Ltd, the company the accused started together, with an investment property at Paradise Point, held $235,000.
Mr Byrne said Baden-Clay’s two companies, Settled property Sales held -$155,000 as its net assets position while Settle Westside held -$278,000.
“Gerard Baden-Clay held substantial personal assets at April, 2012,” he said, adding it would have amounted to around half a million dollars.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Amee
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Mr Byrne referred to the jury the evidence of Baden-Clay’s three financially-savvy friends, Mr Cheesman, Peter Cranna and Stuart Christ.
The trio each loaned him $90,000 after doing a thorough examination of the business books in 2011.
He said Mr Cheesman told the jury “we expected to get the money back based on our investigation” and “wouldn’t have leant him money unless we’d get it back”.
He said any suggestion Baden-Clay was under financial pressure was a “furphy”.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
The trio each loaned him $90,000 after doing a thorough examination of the business books in 2011.
He said Mr Cheesman told the jury “we expected to get the money back based on our investigation” and “wouldn’t have leant him money unless we’d get it back”.
He said any suggestion Baden-Clay was under financial pressure was a “furphy”.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Aunty
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The spreadsheet shows Mr Baden-Clay had a "net asset position" of $74,663.11.
His net asset position was going to be $0, as soon as Toni blabbed to Allison at the conference , that Gerard was planning to leave her.
Allison would have moved into the Gold Coast home, with the 3 girls, (Mum and Dad next door) and Gerard would have found himself negotiating children contact and the Gold Coast house division, in the Family Law Court. Gerard knew he would have no personal Assets,$0, when Allison found out he had been lying to her.
His net asset position was going to be $0, as soon as Toni blabbed to Allison at the conference , that Gerard was planning to leave her.
Allison would have moved into the Gold Coast home, with the 3 girls, (Mum and Dad next door) and Gerard would have found himself negotiating children contact and the Gold Coast house division, in the Family Law Court. Gerard knew he would have no personal Assets,$0, when Allison found out he had been lying to her.
Amee
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Too many 'holes' in Crown case against Baden-Clay
APN Newsdesk ‏@APNNewsdesk 21m
Read the list of issues Gerard #badenclay 's lawyer has with the prosecution case.
http://www.qt.com.au/news/baden-clay-trial-no-play-its-murder-trial/2310757/?ref=hs
APN Newsdesk ‏@APNNewsdesk 21m
Read the list of issues Gerard #badenclay 's lawyer has with the prosecution case.
http://www.qt.com.au/news/baden-clay-trial-no-play-its-murder-trial/2310757/?ref=hs
itsthevibe
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I did remember reading that, and I thought there could be 2 explanations for it - 1. He was setting the scene for something planned by planting it in the child's mind about Mum being "sick" ie depressed OR 2. Allison was upset, but hiding it, because she had been told that TM would be at the Conference the next day.
Not sure if the above are relevant, would depend on the timing I guess, of when he apparently said this. It might not mean anything significant either.
itsthevibe
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I think the key thing here is that we have evidence given that he called to speak to Bruce Flegg to ask him for a loan, and he was very distressed and crying, sounding desperate or something like that. What businessman does that if they aren't in a dire financial situation?
Didn't Allison have a cold? (Hairdresser's statement)
wewillgetyou
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So, if Gerard was flush with cash and not in financial difficulty why did he say to one of the first police officers on the scene they were 'on the bones of their *advertiser censored*' ?
Was this a lie as well ?
Was this a lie as well ?
every juror would have bought a house, possibly more than one, possibly owns more than one, or has rented a house and had to fill in the financial forms.. every juror has had bills come in, and has had to budget. .. some jurors would be running businesses and paying staff and overheads...
no juror is going to accept that yarn of Gerards...
no juror is going to accept that yarn of Gerards...
Not yet.
was the howling crying stuff to Flegg re the $400.000.00 merely an opera act ... was he trying to seduce Flegg?? * mind boggling* .
they'll get you
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bingo!
I guess you would expect GBC's Lawyer to say this!!!
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