The Crown v Gerard Baden-Clay, 7th July - Trial Day 15

[drsleuth]

Kate Kyriacou @KateKyriacou · 4s

Byrne says that means Gerard has nothing to prove. Does not need to give evidence or call evidence. #badenclay

Byrne: He does not have to prove anything to you. Particularly his innocence. #badenclay

 

[Freya1977]

David Murray ‏@TheMurrayD 1m
Gerard hasn't moved in the dock since his defence barrister began his closing argument #badenclay


Francene Norton ‏@francenenorton 1m
Byrne: The burden rests on the prosecution to prove the guilt of Gerard Robert Baden-Clay. #badenclay @abcnews

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 12s

Byrne: He is, as is anyone ... presumed to be innocent. #badenclay

 

[Freya1977]

David Murray ‏@TheMurrayD 1m
The burden of proof is on the prosecution. It did not shift when he chose to give evidence -defence #badenclay
He doesn't have to prove his innocence - defence #badenclay

 

[samanthaj]

I can do the Brisbane Times piece if noone else wants to?


10:10am: "It's about the evidence," Mr Byrne said.

"You will not be satisfied beyond reasonable doubt that Gerard killed Allison. It is your duty to find him not guilty. It is not a favour to him."
.

10:08am: "You are the jurors in the trial of Gerard Robert Baden-Clay. Ladies and gentlemen ... this is a murder trial," Mr Byrne said.

"If you have been following what's been happening outside this courtroom, you might be mistaken for thinking it's been a great big media event. It's not that. Nor is it a soap opera in which various titillating elements are brought out for the amusement of the media and it is not a whodunit play."
.

10:06am: Court is in session.

Mr Byrne has started addressing the jury. He has displayed a PowerPoint slide to the courtroom.
.

10:00am: The trial is in its final stages with the defence and prosecution to begin summing up their cases today.

Defence counsel Michael Byrne QC will be required to deliver his closing address to the jury first because his client Gerard Baden-Clay decided to give evidence.
.

Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36jkdVMW3

 

[Freya1977]

David Murray ‏@TheMurrayD 52s
We are not talking about favours, he's not in a special position, applies to everyone - defence #badenclay

Francene Norton ‏@francenenorton 44s
Byrne: #badenclay is presumed to be innocent. He may only be convicted only if the pros est. that he is guilty of the offence. @abcnews

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 11s

Byrne: The burden is on the prosecution ... to prove beyond reasonable doubt that he is guilty. #badenclay

Byrne says if the jury has reasonable doubt, their duty is to acquit. #badenclay

 

[Freya1977]

David Murray ‏@TheMurrayD 39s
The burden is on the prosecution, the standard is beyond reasonable doubt - defence #badenclay


Francene Norton ‏@francenenorton 49s
Byrne: no obligation on #badenclay to establish any fact, let alone his innocence. @abcnews

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 9s

Byrne says the prosecution case is a circumstantial one. #badenclay

Byrne says that means there is no direct evidence that Gerard Baden-Clay killed Allison. #badenclay

 

[Freya1977]

Francene Norton ‏@francenenorton 42s
Byrne: If you are left with a reasonable doubt about guilt, your duty is to acquit. i.e. to find #badenclay not guilty. @abcnews

 

[Freya1977]

David Murray ‏@TheMurrayD 47s
The Crown case is circumstantial, they told you that on day one - defence #badenclay


Francene Norton ‏@francenenorton 57s
Byrne: the prosecution case is a circumstantial one. #badenclay @abcnews

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 3s

Byrne says an example of that is Gerard was the last person to see Allison alive. Does that mean he killed her? No, he says. #badenclay

 

[Freya1977]

David Murray ‏@TheMurrayD 55s
There is no direct evidence that Gerard killed Allison. No eye witnesses, no admissions - defence #badenclay

 

[samanthaj]

10:12am: "He has nothing to prove. The burden of proof is on the prosecution throughout this trial," Mr Byrne said.

"He does not have to prove anything to you, particularly his innocence. He relies upon the evidence which is before the court ...

"A person charged with a criminal offence in our system is presumed innocent."


Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36jlVtFK7

 

[Freya1977]

David Murray ‏@TheMurrayD 49s
The case relies on circumstance. Such as, he was the last person to see her - defence #badenclay

 

[Freya1977]

Francene Norton ‏@francenenorton 33s
Byrne: There is no direct evidence that #badenclay killed Allison. There are no eye witnesses, no admissions that he did that. @abcnews


David Murray ‏@TheMurrayD 44s
It's not enough to think its 'probably right' - defence #badenclay

 

[Freya1977]

David Murray ‏@TheMurrayD 29s
If there is a reasonable possibility of innocence, you must acquit - defence #badenclay

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 8s

Slide being shown now says jury has to believe Crown case is "only rational inference that can be drawn from the circumstances". #badenclay

 

[they'll get you]

David Murray ‏@TheMurrayD 2m
It's about the evidence, not the media - #badenclay
Crown says he's somehow murdered his wife - defence #badenclay
One of the first witnesses, a police officer, told you he's one of the nicest guys he's met - defence #badenclay
You've heard what this man has done in the community #badenclay
This man has never displayed violence, never been seen to be violent or indeed argue with his wife - defence #badenclay

He didn't display violence??? He grabbed Flegg my the shirt in a public place !!!!!

 

[Freya1977]

David Murray ‏@TheMurrayD 45s
Inferences will play a role. But you're not to guess or speculate - defence #badenclay