The Crown v Gerard Baden-Clay, 7th July - Trial Day 15
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drsleuth
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Kate Kyriacou @KateKyriacou · 43s
Byrne says the carport area was search visually, police saw nothing that looks like blood. #badenclay
Byrne says police did chemical screening for blood in carport, garage areas. They found nothing. #badenclay
Byrne says it's one thing to say there was blood in the Captiva, therefore it was used. He says no blood anywhere else. #badenclay
Byrne says the carport area was search visually, police saw nothing that looks like blood. #badenclay
Byrne says police did chemical screening for blood in carport, garage areas. They found nothing. #badenclay
Byrne says it's one thing to say there was blood in the Captiva, therefore it was used. He says no blood anywhere else. #badenclay
Amee
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“Your task as jury is to assess the evidence and do it coldly, not passionately, and objectively,” he said.
Mr Byrne said the prosecution case was that he somehow violently ended her life in the very home that they shared with their three, young daughters.
“This man, Gerard Baden-Clay, who on the evidence that you have heard has never displayed violence, whose acquaintances, friends, family and children have never seen to have been violent or indeed argue with his wife, the Crown say on that night in April 2012, he violently murdered her,” he said.
Mr Byrne asked the jury to look at the evidence and whether it satisfied them beyond reasonable doubt of the guilt of the accused.
“It’s not about what the media has said, things that have been raised that were swept away during the course of the trial, it’s about the evidence,” he said.
He said Baden-Clay was confronted with an “angry and abusive” Toni McHugh.
“Once you have carefully considered the evidence, it is my submission to you, you will not be satisfied beyond reasonable doubt that Gerard killed Allison and once you do that, it is your duty to find him not guilty,” he said.
Mr Byrne said the burden rests on the prosecution to prove the guilt of Baden-Clay.
“He does not have to prove anything to you, particularly his innocence, he relies on the evidence which is brought before this court,” he said.
“He is, as is anyone, again we are not talking about favours to anyone or putting him in a special position… a person charged in our society with a criminal offence is presumed to be innocent,” he said.
Mr Byrne said it was on the prosecution to prove beyond reasonable doubt a person was guilty of the offence charged.
“A fundamental proposition, if you are left with reasonable doubt, your duty is to acquit,” he said.
He said the prosecution case was circumstantial.
Mr Byrne said it meant there was no direct evidence Baden-Clay killed his wife – no eyewitnesses or admissions.
He said it was necessary that guilt should not only be a rational inference based entirely or substantially upon circumstantial evidence, but also that it should be the only rational inference that could be drawn from the circumstances.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Mr Byrne said the prosecution case was that he somehow violently ended her life in the very home that they shared with their three, young daughters.
“This man, Gerard Baden-Clay, who on the evidence that you have heard has never displayed violence, whose acquaintances, friends, family and children have never seen to have been violent or indeed argue with his wife, the Crown say on that night in April 2012, he violently murdered her,” he said.
Mr Byrne asked the jury to look at the evidence and whether it satisfied them beyond reasonable doubt of the guilt of the accused.
“It’s not about what the media has said, things that have been raised that were swept away during the course of the trial, it’s about the evidence,” he said.
He said Baden-Clay was confronted with an “angry and abusive” Toni McHugh.
“Once you have carefully considered the evidence, it is my submission to you, you will not be satisfied beyond reasonable doubt that Gerard killed Allison and once you do that, it is your duty to find him not guilty,” he said.
Mr Byrne said the burden rests on the prosecution to prove the guilt of Baden-Clay.
“He does not have to prove anything to you, particularly his innocence, he relies on the evidence which is brought before this court,” he said.
“He is, as is anyone, again we are not talking about favours to anyone or putting him in a special position… a person charged in our society with a criminal offence is presumed to be innocent,” he said.
Mr Byrne said it was on the prosecution to prove beyond reasonable doubt a person was guilty of the offence charged.
“A fundamental proposition, if you are left with reasonable doubt, your duty is to acquit,” he said.
He said the prosecution case was circumstantial.
Mr Byrne said it meant there was no direct evidence Baden-Clay killed his wife – no eyewitnesses or admissions.
He said it was necessary that guilt should not only be a rational inference based entirely or substantially upon circumstantial evidence, but also that it should be the only rational inference that could be drawn from the circumstances.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
samanthaj
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11:04am: Mr Byrne said the first police officers to arrive at the Baden-Clays' home found no sign of a struggle.
"No evidence of a violent killing," he said.
"Put all this into your melting pot when you come to consider the case."
Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36jyDoOTh
"No evidence of a violent killing," he said.
"Put all this into your melting pot when you come to consider the case."
Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36jyDoOTh
Except for that attacking razor.
with what he has to work with, he is in deed...
Amee
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“What you have to find… the prosecution theory, which you may think has waxed and waned throughout the evidence, is the only rational inference that can be drawn from the circumstance,” he said.
He said if there was a reasonable possibility consistent with innocence, it was the duty of the jury to acquit the accused.
Mr Byrne told the jury it could draw inferences, make deductions and draw conclusions but it should not indulge in speculation.
“If there is an inference reasonably open which is adverse to the defendant and an inference in his favour, you may only draw an inference of guilt if it so overcomes any other possible inference as to leave not reasonable doubt in your minds,” he said.
Mr Byrne said, for example, Ms Baden-Clay’s blood was found in the Holden Captiva.
“But there is no blood found anywhere else in the car port where the Captiva was,” he said.
“There’s no blood found in the car port, in the garage, along the side of the house, along the back patio – so how do you join those dots?”
He asked the jury if it was possible someone injured their hand and cut themselves pulling the seats up.
Mr Byrne showed the jury a slide from Wednesday in which Crown prosecutor Todd Fuller QC fired a volley of questions at the accused, with the words “perhaps” and “probably” highlighted in bold.
“If you are going to rely on matters to convict any person of any offence, here it is an offence of murder, but before you can convict anyone you have to be satisfied that the evidence establishes that person’s guilt beyond a reasonable doubt,” he said.
“Not with perhaps, or maybe, or probably.”
He asked the jury how Baden-Clay killed his wife.
“You might think that the primary starting point in an allegation of murder is for the Crown to prove beyond reasonable doubt how Allison Baden-Clay died. How did she die? What caused her death? How do the prosecution say, let alone prove beyond reasonable doubt, she was violently – let’s make no mistake this was a killing with intent, intent to kill or cause grievous bodily harm - … does the evidence even reveal how she did in fact die?,” he said.
Mr Byrne said on day two of the trial, a forensic pathologist who gave evidence was unable to establish a definitive cause of death.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
He said if there was a reasonable possibility consistent with innocence, it was the duty of the jury to acquit the accused.
Mr Byrne told the jury it could draw inferences, make deductions and draw conclusions but it should not indulge in speculation.
“If there is an inference reasonably open which is adverse to the defendant and an inference in his favour, you may only draw an inference of guilt if it so overcomes any other possible inference as to leave not reasonable doubt in your minds,” he said.
Mr Byrne said, for example, Ms Baden-Clay’s blood was found in the Holden Captiva.
“But there is no blood found anywhere else in the car port where the Captiva was,” he said.
“There’s no blood found in the car port, in the garage, along the side of the house, along the back patio – so how do you join those dots?”
He asked the jury if it was possible someone injured their hand and cut themselves pulling the seats up.
Mr Byrne showed the jury a slide from Wednesday in which Crown prosecutor Todd Fuller QC fired a volley of questions at the accused, with the words “perhaps” and “probably” highlighted in bold.
“If you are going to rely on matters to convict any person of any offence, here it is an offence of murder, but before you can convict anyone you have to be satisfied that the evidence establishes that person’s guilt beyond a reasonable doubt,” he said.
“Not with perhaps, or maybe, or probably.”
He asked the jury how Baden-Clay killed his wife.
“You might think that the primary starting point in an allegation of murder is for the Crown to prove beyond reasonable doubt how Allison Baden-Clay died. How did she die? What caused her death? How do the prosecution say, let alone prove beyond reasonable doubt, she was violently – let’s make no mistake this was a killing with intent, intent to kill or cause grievous bodily harm - … does the evidence even reveal how she did in fact die?,” he said.
Mr Byrne said on day two of the trial, a forensic pathologist who gave evidence was unable to establish a definitive cause of death.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
Amee
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He said there was also no determination of any definite injuries to Ms Baden-Clay’s body.
“It is alleged there has been a violent, intentional murder. There’s no cause of death and there’s no injuries able to be found on that level of examination,” he said.
Mr Byrne said Dr Nathan Milne found Ms Baden-Clay was dressed in a purple singlet, wearing three-quarter length pants socks and sneakers.
“As he described it, it was a fully clothed body with everything in place,” he said.
He said Dr Milne could not exclude the body had been in water, such as the creek, and could not determine for how long it may have been submerged.
Mr Byrne said the skeletal bone structure was uninjured and there was no evidence of haemorrhage to the scalp or dura (outside of the brain), the larynx or voice box was intact, and the hyoid bone in the throat was not fractured, bruised or damaged.
“That is important when you talk about how she was killed because it’s not damaged. No evidence of being crushed, fractured or bruised. It’s not,” he said.
He said there was no evidence of fracture to the ribs, although identified a “possible bruise” between the fifth and seventh ribs.
Mr Byrne said Dr Milne called in a radiologist to assess CT scans of Ms Baden-Clay, but they were also unable to find evidence of a defect or injury.
He found alcohol in the body, but at least half and possibly all of it was due to decomposition.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
“It is alleged there has been a violent, intentional murder. There’s no cause of death and there’s no injuries able to be found on that level of examination,” he said.
Mr Byrne said Dr Nathan Milne found Ms Baden-Clay was dressed in a purple singlet, wearing three-quarter length pants socks and sneakers.
“As he described it, it was a fully clothed body with everything in place,” he said.
He said Dr Milne could not exclude the body had been in water, such as the creek, and could not determine for how long it may have been submerged.
Mr Byrne said the skeletal bone structure was uninjured and there was no evidence of haemorrhage to the scalp or dura (outside of the brain), the larynx or voice box was intact, and the hyoid bone in the throat was not fractured, bruised or damaged.
“That is important when you talk about how she was killed because it’s not damaged. No evidence of being crushed, fractured or bruised. It’s not,” he said.
He said there was no evidence of fracture to the ribs, although identified a “possible bruise” between the fifth and seventh ribs.
Mr Byrne said Dr Milne called in a radiologist to assess CT scans of Ms Baden-Clay, but they were also unable to find evidence of a defect or injury.
He found alcohol in the body, but at least half and possibly all of it was due to decomposition.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
KrystalKlear
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Thinking that I'd be likely to panic too, if my cheating, broke, deceitful, money hungry husband had his hands around my throat, choking the life out of me.... Pity they didn't put Scraps on the stand - thinking more and more that the deed took place out in the yard - (plenty of long grass everywhere) & would explain why he was happy to have the house searched - nothing to be seen there.
drsleuth
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Byrne says this allowed police to seize possession of the house and lands. It was done on April 20, 2012. #badenclay
Byrne says the warrant lasted seven days. Police had seven days to thoroughly examine and search the house and property. #badenclay
Byrne says the warrant lasted seven days. Police had seven days to thoroughly examine and search the house and property. #badenclay
Amee
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Mr Byrne said Dr Milne and his associates were unable to determine a cause of death.
He said the possibilities he looked at were death due to alcohol or sertraline toxicity, which he said was “unlikely but I cannot exclude it”; and drowning “even the absence of diatoms does not exclude drowning as a possible cause of death” and thirdly, a fall from a height, which “could not be excluded”, particularly if it was into water.
He said Dr Milne could not exclude the body being moved by water.
“He could not determine a place of death and he could not determine whether the body was moved after death either by tidal movement or by a person, he couldn’t determine a time of death,” he said.
Mr Byrne said Dr Milne could not determine a cause of death for Ms Baden-Clay.
“Other means of death such as, if you like, toxicity, drowning or falling from a height, cannot be excluded,” he said.
“The Crown has to exclude all reasonable theories, all reasonable possibilities, beyond a reasonable doubt.”
Mr Byrne said a forensic dentist found a chipped tooth but could not determine when it took place.
He said the dentist found no cracking or fracturing in the jaw or other teeth, and no evidence of movement in the teeth.
“So, you would think, no blunt trauma to the face,” Mr Byrne said.
He said in a circumstantial case, like this was, it might be considered a “roadblock” for there to be no detectable injuries to show the place or cause of death.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
He said the possibilities he looked at were death due to alcohol or sertraline toxicity, which he said was “unlikely but I cannot exclude it”; and drowning “even the absence of diatoms does not exclude drowning as a possible cause of death” and thirdly, a fall from a height, which “could not be excluded”, particularly if it was into water.
He said Dr Milne could not exclude the body being moved by water.
“He could not determine a place of death and he could not determine whether the body was moved after death either by tidal movement or by a person, he couldn’t determine a time of death,” he said.
Mr Byrne said Dr Milne could not determine a cause of death for Ms Baden-Clay.
“Other means of death such as, if you like, toxicity, drowning or falling from a height, cannot be excluded,” he said.
“The Crown has to exclude all reasonable theories, all reasonable possibilities, beyond a reasonable doubt.”
Mr Byrne said a forensic dentist found a chipped tooth but could not determine when it took place.
He said the dentist found no cracking or fracturing in the jaw or other teeth, and no evidence of movement in the teeth.
“So, you would think, no blunt trauma to the face,” Mr Byrne said.
He said in a circumstantial case, like this was, it might be considered a “roadblock” for there to be no detectable injuries to show the place or cause of death.
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
drsleuth
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Kate Kyriacou @KateKyriacou · 56s
Byrne says police had the SES conducting a shoulder to shoulder search on the grounds of the property. #badenclay
Byrne says the only thing they found was a black NAB pen. That's how carefully they searched. #badenclay
Byrne tells the jury not to look at media grabs, sensational headlines. Look at the evidence. #badenclay
Byrne is referring to the evidence of Sen Sgt Ewen Taylor, forensic co-ordinator. #badenclay
Byrne says police had the SES conducting a shoulder to shoulder search on the grounds of the property. #badenclay
Byrne says the only thing they found was a black NAB pen. That's how carefully they searched. #badenclay
Byrne tells the jury not to look at media grabs, sensational headlines. Look at the evidence. #badenclay
Byrne is referring to the evidence of Sen Sgt Ewen Taylor, forensic co-ordinator. #badenclay
drsleuth
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Kate Kyriacou @KateKyriacou · 16s
Byrne says there were scientific examinations of the house, vehicle. No blood found in the residence. #badenclay
Byrne says there was no obvious indication of a clean-up inside the house. #badenclay
Byrne says Crown allege there was a violent killing, body taken to creek. But no mess, no blood, no damage, nothing found. #badenclay
Byrne says there were scientific examinations of the house, vehicle. No blood found in the residence. #badenclay
Byrne says there was no obvious indication of a clean-up inside the house. #badenclay
Byrne says Crown allege there was a violent killing, body taken to creek. But no mess, no blood, no damage, nothing found. #badenclay
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