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

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My everyday walk is 5km. If I have time to drive to a nice walking track that is 7km. When I was part time I had an 11 km walk too but just no time for that one working full time.


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Oh and yes I walk when it's dark. Or there's no chance to do it in winter.


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4:33pm: Mr Byrne said Mrs Baden-Clay may have left her house in the early hours of April 20, 2012, in a distressed state.

"What if she decided to go for a walk at that time to clear her heard? What if, because of her depression she takes a Zoloft tablet about 10 or 11pm? That might explain her changing into her walking clothes, which she's found in," Mr Byrne said.

"She leaves the house after placing Gerard's phone on the charger about 1.48am. She walks her usual walk along Boscombe Road and then decides to walk a bit further ... she keeps walking.

"Around 4am the drugs would peak in her blood stream, the medication absorbed in the stomach."

Mr Byrne said Mrs Baden-Clay could have been adversely affected by the increased level of the antidepressant Sertraline in her system that could have cause her to hallucinate.

"And at some time and for some reason she ends up in the river," he said.

"The autopsy can't rule out drowning, it can't rule out a possible fall, or jump from the bridge ...

"That's just a scenario, you may reject it, but it's something you might think is open on the evidence ..

"This trial is a murder trial. It's about you being satisfied beyond reasonable doubt that this man here, for no apparent reason, with no apparent means, managed to kill his wife and dispose of her body."


4:35pm: Court has adjourned for the day.

Mr Byrne will continue his closing address to the jury from 10am tomorrow.


Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36lLHR2jX


Why on earth would Allison take her Zoloft/Sertraline at 10 or 11 pm?? It's recommended to be taken in the morning because it can have a slightly stimulating effect, which could interfere with the person's ability to get to sleep. However, in the morning, this property can help the person get going. Also, more importantly, a usual symptom of depression is diurnal variation of mood which means that the person feels most depressed in the morning and least depressed in the evening.
 
Re the bolded...

Allison's body wasn't formally identified until the following day, 1st May 2012.

Video from the day Allison's body was found on 30th April 2012..

........@1.16 it mentions GBC was at his Century21 office & shows detectives arriving to deliver the news a body had been found.

https://www.youtube.com/watch?v=SyxdCkk2mqY

--------------------------------------------------

June 22, 2012

Baden-Clay also made inquiries about his wife's substantial life insurance policy after her body was found but before it was formally identified, the court heard

http://news.smh.com.au/breaking-new...e-mistress-badenclay-case-20120622-20rv6.html
Thanks Marly, that's exactly what I thought too.
 
wow Saxons, that is quite fast walking. I can do 6 - 6.5 if its cool, and i'm pushing it a bit. However, on average, walking to work to work each day in the dark to avoid the Singapore heat, i am probably closer to 5.5 kms per hour. Mind you, I'm usually carrying a handbag with multiple devices, lunch, etc.

I think if someone was just going for a daily walk, and ESPECIALLY when you are going to be attending a conference the same day, you would be highly unlikely to walk for more than an hour. I guess if someone was hell bent on suicide, you would just be walking and walking and crying...and who knows where you would end up. I certainly don't think that happened.
I guess I am fairly tall with a long stride.. My family and friends always complain I walk too quickly!
But I completely agree, she wouldn't have been focused on a weight loss power walk for 3 hours prior to a conference that required that she leave the house by 7am.

And if she was suicidal as the Defence is suggesting, then surely weight loss would not have been her goal. Distress and disorientation is what they suggest. Hardly lends itself to a huge 14km walk.
 
The defendant's statement to police was that he cut himself shaving because he was "in a rush". Specifically, he said that ordinarily on a Friday he met with his sales team and they went and had a look at properties they had listed for sale. He said that ordinarily that meeting would be at 8.30am, so he needed to be available to do the "school run and everything with the kids".

But he said they changed that plan because Allison and Kate Rankin were going to the seminar that particular Friday.

So he admitted to the police that he did not have any set appointments that morning.

He had also called his father to mind the children while he searched for Allison, and his sister ended up taking the children to school. So he didn't have any pressing urgency to "do the school run and everything with the kids".

He had no particular reason to be rushing to get himself shaved to present at work at a business he runs with his wife, who happened to have gone missing that morning. He could have told his office manager he was dealing with a personal matter and would not be in until later (if at all), then greeted the police in tracky dacks and a five o'clock shadow, if need be.

So why the mad rush to get himself ready such that he sliced his face to pieces with a blunt razor?

I really think the defence focused on persuading the jury not to convict on the basis of the cuts because they are the strongest evidence against the defendant. The cuts appeared on the defendant's face between the time Allison was last seen alive and the time she was reported missing, they are inconsistent with the defendant's account of them being shaving cuts, and the defendant's account as to why he was rushing to shave with a blunt razor is implausible.
 
Wait! When Dad has a position on the P&C, it wouldn't be unusual for him to be the one to attend the PT interviews in my experience. My Grandfather was President of the P&C so he went to everything. For our kids, we both go. There have been occasions when my husband couldn't attend, maybe twice that I recall, but I went. We try to go to most things or ensure one of is there at least. He's gone to sporting events that I haven't though and I've gone to other things he hasn't. We don't keep score but assume it works out about even anyway.
 
Why on earth would Allison take her Zoloft/Sertraline at 10 or 11 pm?? It's recommended to be taken in the morning because it can have a slightly stimulating effect, which could interfere with the person's ability to get to sleep. However, in the morning, this property can help the person get going. Also, more importantly, a usual symptom of depression is diurnal variation of mood which means that the person feels most depressed in the morning and least depressed in the evening.

Personally I take mine at around 11pm. It doesn't have the stimulant effect on me so I just take it before bed. It just depends on the person.
 
I suppose Byrne is just doing the job he is paid for and doesn't have much to work with, but in many ways I wonder if he gets embarrassed at all when he thinks about what he is going to have to say to defend his client. Deep down he must know how ridiculous it sounds. Bottom line is he does it for money and gbc did all his for money too.

I can understand how some view the legal profession, I really can.

However, it's just offensive to state that Byrne QC does it for the money and equate him with an alleged murderer. I can assure you, he could have been making a HECK of a lot more money being engaged in a matter other than this.

Also, the vast majority of lawyers at this level see it as a true vocation. As the saying goes, somebody's gotta do it. Otherwise, we'd be reading about GBC's Inquisition.
 
I understand that your pedometer works out your walking speed, but how far do you usually walk and for how long? I don't even know whether 14km or so is considered a very long walk/too far for someone to cover in one hit, or would some cover that distance in an average daily walk?

I can do 5km in approx. 45 minutes but that is fairly flat, the hills would be very minor and I am putting in effort
 
I know the hairdressers was a freebie, but just had a thought. Did she pay for something extra to be done to her hair that wasn't included ?
Also I thought she was supposed to only have $20 in her account and didn't GBC say they were "on the bones of their arse?

No the hairdressers was a freebie. The evidence that they had over $10000 in bank accounts surprised me and I don't think they were as poor as we were led to believe. The parent teacher interview, I have been to plenty of them WITHOUT my husband I don't think that makes him a poor father.
 
Why on earth would Allison take her Zoloft/Sertraline at 10 or 11 pm?? It's recommended to be taken in the morning because it can have a slightly stimulating effect, which could interfere with the person's ability to get to sleep. However, in the morning, this property can help the person get going. Also, more importantly, a usual symptom of depression is diurnal variation of mood which means that the person feels most depressed in the morning and least depressed in the evening.

I took my anti-depressant at night because that seemed to be the only time I could remember to do it. I've tried two and both said take in the morning because of the stimulating effect. But I found no stimulating effects from them. What I don't get is why they are suggesting Allison suddenly overdosed on a medication she'd taken for years. It comes across to me like they are suggesting a scenario where she took her usual dose and became disorientated. That's really reaching imo.
 
I can understand how some view the legal profession, I really can.

However, it's just offensive to state that Byrne QC does it for the money and equate him with an alleged murderer. I can assure you, he could have been making a HECK of a lot more money being engaged in a matter other than this.

Also, the vast majority of lawyers at this level see it as a true vocation. As the saying goes, somebody's gotta do it. Otherwise, we'd be reading about GBC's Inquisition.

You have totally misunderstood what I was trying to get at. Excuse me for not explaining it properly. I do not view Byrne and gbc in the same way. Suppose you cant please everyone in how you word things :)
 
If Allison was suffering so badly from depression and sadness about a male child being born into the family bother to return Gerry's phone to the charge then set off to commit suicide?

What a terrible thing to add the joyous birth of this little boy into this story and make his birth a reason why his Aunty may have taken her life. Talk about damaging kids from the day of their birth. I believe that Allison would have been excited about the birth of this little boy and since her youngest was now 5 the whole not having a son would have been well passed over by the fact that she herself had 3 gorgeous little girls to teach to dance!!!!
 
Wow!! I have also been thinking about J. Frosts statement where she says that the affair of GBC and TM had progressed to the point where he was staying at hers until the early morning hours (words to that effect sorry) - obviously this was before Allison found out in 2011, but IMO it probably wasn't unusual for the car to be coming and going in the night, so the girls probably wouldn't notice it any more, nothing unusual.

Wow! I know someone who had something so similar happen..was this brisbane by any chance? Can't believe the audacity of thieves...but also how much we can miss when we are asleep!
 
4.40pm: Mr Byrne took the jury to the evidence of GP, Dr Candice Beavan, who agreed in cross-examination the marks she saw on Baden-Clay’s face looked similar to injuries that would be seen in a shave biopsy.

He said a second GP, Dr Renu Kumar said the marks on the right cheek of the accused may have been caused by a razor although she could not be “100 per cent sure” either way.

Mr Byrne said Dr Robert Hoskins gave evidence to say “it was impossible” for him to say the marks on the face were caused by fingernails.

He asked the jury to consider the evidence of Dr Margaret Stark who said the only people who know how the injuries were caused was the people present.

He said the jury may think the injuries were likely caused by something other than a razor but that was not their role.

“Your role is whether the Crown excludes beyond a reasonable doubt that they weren’t caused by a razor,” he said.

Mr Byrne said if the jury was not satisfied they were caused by something other than shaving marks, that was the end of their relevance.

He said the jury had to bear in mind the scratches did not and could not by themselves convict Baden-Clay of murder.

Mr Byrne said it was his submission the jury could not be satisfied razor scrapes could be excluded.

He took the jury to the scenarios the pathologist Dr Nathan Milne raised as to possible causes of death.

They included that Ms Baden-Clay drowned; fell from a height or into water and drowned; died of alcohol or sertraline toxicity; or that she suffered the effects of “serotonin syndrome” which led to drowning or falling from a height to her death.

Mr Byrne asked the jury whether there was evidence of Ms Baden-Clay’s “worsening mental health” leading up to her disappearance.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
 
He said she was experiencing negative self-esteem, a negative outlook and transient suicidal thoughts when visiting Dr Tom George for the first time in 2003.

He said the jury heard evidence that a mother’s maternal attachment was usually a protective factor against suicide.

“Gerard doesn’t know what happened to Allison that night, the next morning, but it’s important for you to understand the assessments by various mental professionals as to what her mental health had been,” he said.

He took the jury to the evidence of Ms Baden-Clay’s general practitioner in 2011 when she complained of experiencing guilt, low mood and feeling teary.

He said that during her most recent visit with Dr Nicholas Bourke, Ms Baden-Clay was experiencing “bad premenstrual mood swings” and her Zoloft dosage was increased from 50mg to 100mg on March 19, 2012.

Mr Byrne said psychologist Rosamund Nutting has sessions with both the accused and his wife from October through to December, 2011.

He said the evidence from Ms Nutting was that Ms Baden-Clay experienced hyper-vigilance and self-esteem problems on discovering the affair between her husband and Toni McHugh.

He told the jury Ms Nutting testified that Ms Baden-Clay experienced flashbacks of seeing Ms McHugh’s car at the gym, for example, and she became quite fragile.

Mr Byrne said it was in that context the jury heard evidence from Relationships Australia counsellor Carmel Ritchie.

Ms Ritchie had a session with Ms Baden-Clay and a follow-up session with the couple on April 16, 2012.

He said Ms Ritchie noted that Ms Baden-Clay was a “conflict avoider”.

Mr Byrne said Ms Ritchie made no enquiries into whether Ms Baden-Clay had ever been diagnosed with mental health problems or medications she was on.

He said Ms Baden-Clay told Ms Ritchie she was “feeling inadequate, not good enough”.

He said Ms Ritchie testified the affair was having an impact on Ms Baden-Clay and she recommended they spoke together for 15 minutes each night so she could express her feelings to her husband.

Mr Byrne said Ms Ritchie did not know Ms Baden-Clay was on 100mg of Zoloft a day and had been experiencing flash backs when she recommended the exercise to the couple.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
 
He said they went on to discuss intimate details of where the accused had sex with his mistress in the days that followed.

“There had been, despite Ms Ritchie’s best intentions, confrontational questioning of Gerard Baden-Clay on the 18th and follow-up questions on the 19th of that affair,” Mr Byrne said.

He took the jury to the evidence of defence witness and forensic psychiatrist Dr Michael Schramm, who said it was possible Ms Baden-Clay was experiencing a relapse of her depressive symptoms at the time.

Mr Byrne said the jury heard evidence that Ms Baden-Clay wanted to give her husband a son when on April 18, 2012, her husband’s brother announced the birth of his new son in Canada.

He said Ms Baden-Clay went to work the next day, had a full day, and presented to the hairdresser that afternoon as “a bit stressed” on April 19, 2012.

She said Ms Baden-Clay did not speak much and replied that she was still sick and did not seem surprised it was not going away.

Mr Byrne took the jury to the evidence of defence witness and toxicologist Dr Michael Robertson, who said sertraline had some side-effects while sertraline syndrome could occur in a regular user and have an effect on the brain chemistry to increase both the positive and adverse effects.

Mr Byrne said Dr Schramm told the jury there was a link between major depression and suicide.

He said it was Dr Schramm’s evidence was that people did not always leave a note and suicide was impossible to predict.

Mr Byrne said the accused had told them he did not know what happened to his wife.

“Can I ask you to consider this against the background of the evidence we’ve just been discussing: the evidence of Priscilla Dickie, of Nigel Baden-Clay and Gerard Baden-Clay, was that Allison always wanted a son,” he said.

Mr Byrne said the boy born to Baden-Clay’s brother on April 18, 2012.

He said Dr George confirmed Ms Baden-Clay wanted a son. He said she took her 100mg dose of Zoloft the next day and if she was feeling low or depressed, he told her she could increase her dosage.

Dr Schramm said the medication peaked at around 6 to 8 hours, roughly the time when she went to the hairdressers, Mr Byrne said.

Mr Byrne asked why a mother would book a hairdresser’s appointment at the same time as a parent teacher interview

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
 
I suppose Byrne is just doing the job he is paid for and doesn't have much to work with, but in many ways I wonder if he gets embarrassed at all when he thinks about what he is going to have to say to defend his client. Deep down he must know how ridiculous it sounds. Bottom line is he does it for money and gbc did all his for money too.

Enthralled, I total agree. I can't remember if Legal Aid is paying - think I read somewhere that it wasn't - but as you say, Byrne is doing this for money. That's his job. Yep, not much to go on.

I was on a jury not long ago where the prosecution had zilch to go on - all the jury agreed it should never have gone to court. He made a real dill out of himself trying to find something to say when there was nothing to say. Seemed like he was helping the defence. We said not guilty.
 
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