The Crown v Gerard Baden-Clay, 9th July - Trial Day 17

[Amee]

Marissa Calligeros ‏@marissa_sc 1m

It is a criminal offence punishable by imprisonment to inquire about an accused, Justice Byrne tells the jury #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 4m
Justice John Byrne is summing up, with jurors also following his comments on screens in court

Francene Norton ‏@francenenorton 3m
Byrne: you cannot take into acc, allow yourself to be influenced by, info from any source other than that permitted in courtroom

Byrne: you must not permit somebody else to make inquiries on your behalf.


David Murray ‏@TheMurrayD 3m
Information in the public arena is not always accurate, often misleading, sometimes plain wrong - Justice Byrne

Unjust for you to consider information outside court. Prosecution and defence would be unaware - Justice Byrne

So critical is it to a fair trial, it is a criminal offence punishable by imprisonment to inquire about an accused Justice Byrne

 

[drsleuth]

Kate Kyriacou @KateKyriacou · now

Judge says jurors are duty bound to bring it to his attention if they are aware of a fellow juror doing the wrong thing. #badenclay

Judge says the jury must pay no regard to news reports. #badenclay

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 11s

Judge says they must not allow media reports to influence their thoughts. #badenclay

Judge says the jury can draw inferences from facts they have heard during the trial. #badenclay

Judge says their inferences must be reasonable. They must be logical and rational conclusions drawn from facts. #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 3m
You would cease to be a juror, you would become an investigator - Justice Byrne

Francene Norton ‏@francenenorton 3m
Justice Byrne says parliament has made it a criminal offence for a juror to inquire about an accused person


David Murray ‏@TheMurrayD 3m
In the past this has led to he abandonment of a trial - Justice Byrne


Francene Norton ‏@francenenorton 3m
Justice Byrne says it can lead to abandonment of the trial.


David Murray ‏@TheMurrayD 3m
Such undesirable outcomes imperil community confidence - Justice Byrne

You should not discuss the case with anyone, except your fellow jurors - Justice Byrne


Francene Norton ‏@francenenorton 3m
Byrne: You should not discuss the case with anyone except your fellow jurors and only together in the jury room.

 

[Maigret]

Are they allowed to go home or are they kept together

 

[Texx]

Hows everyone looking in court? BC's and DT looking edgy or defiantly confident?....like that "fascade" we all keep hearing about

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 10s

Judge says they cannot use instinct or guess work. #badenclay

Judge says evidence can be accepted whole, in part or not at all. #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 2m
If anyone else attempts to speak to you, stop them immediately, report to me - Justice Byrne

David Murray ‏@TheMurrayD 2m
Pay no regard to reports, may be confined to matters thought to be newsworthy - Justice Byrne

Francene Norton ‏@francenenorton 1m
Justice Byrne reminds jury on media reports. "Do not let media reports influence your view on what is important".

Justice Byrne now explaining facts and inferences


David Murray ‏@TheMurrayD 1m
From the facts, you may draw inferences - Justice Byrne


Francene Norton ‏@francenenorton 1m
Byrne: You may only draw reasonable inferences and your inferences must be based on facts proved by the evidence.

Byrne: You are not to indulge in intuition or in guessing.


David Murray ‏@TheMurrayD 1m
You are not to indulge in intuition or guessing - Justice Byrne

You may only draw an inference of guilt if it outweighs all else, beyond reasonable doubt - Justice Byrne


Francene Norton ‏@francenenorton 1m
Byrne: You may only draw an inference of guilt if it so overcomes any other possible inference as to leave no reasonable doubt

 

[Amee]

11.37am: Crown prosecutor Todd Fuller QC has finished his closing address. The judge has begun his summing up to the jury.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226982264933

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 16s

Judge says they must consider whether a witness seems reliable. Did they see, hear, know the things they are testifying about? #badenclay

Judge says does it differ from things they have said previously? #badenclay

 

[Minerva]

I know Mr Fuller is privy to information unavailable to us, but am I the only one surprised that he has chosen to emphasise the affair as motive, rather than the money? I've always thought it was desperation over his financial situation that pushed him over the edge. As a bankrupt he would have been unable to sell real estate and he would have had considerable difficulty getting an accounting role. So he would have lost social standing as well as being virtually unemployable in his chosen profession/s.

 

[PrimeSuspect]

Francene Norton ‏@francenenorton 51s
Byrne: It is for you to decide whether you accept the whole of what a witness says, or only part of it or none of it.

Byrne: Bear in mind, however, that many witnesses are not used to giving evidence and may find the courtroom env. distracting.

 

[Champagne4lulu]

Random thought - if A took his phone each night and gave back in the morning, why did he have a charger next to his side of the bed? Would defeat the purpose of taking his phone wouldn't it?

 

[PrimeSuspect]

Francene Norton ‏@francenenorton 46s
Byrne: honesty does not equate to reliability.

Byrne: in general, powers of observation and of retention in memory of what is seen or heard, are fragile.

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 3s

Judge says an observation of something said or done is not always reliable. Memory can be fallible. #badenclay

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 14s

Judge says people do not always observe closely sights and sounds, let alone manage to recollect them two years later. #badenclay

Judge: It is, as I said, up to you to assess the evidence and what weight you give to a witness's testimony. #badenclay

Judge says the accused is presumed to be innocent. #badenclay

Judge says the Crown must prove beyond reasonable doubt that accused is guilty. #badenclay

Judge says, if they are left with reasonable doubt, their duty is to acquit. #badenclay

 

[toe]

Random thought - if A took his phone each night and gave back in the morning, why did he have a charger next to his side of the bed? Would defeat the purpose of taking his phone wouldn't it?

It never happened, he's a liar.

 

[PrimeSuspect]

Francene Norton ‏@francenenorton 48s
Byrne: in this case, there is the additional consideration that the witnesses often spoke of events more than 2 years ago.

Byrne: There is a need for care in evaluating the reliability of the testimony of witnesses whose recollections are 2 years old.


David Murray ‏@TheMurrayD 41s
Sounds in the night. People don't always recall correctly - Justice Byrne

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 17s

Judge says if there is no reasonable doubt, they must find him guilty. #badenclay