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

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Kate Kyriacou @KateKyriacou · 25s

Judge says Gerard and Allison went to see a marriage counsellor on April 16, 2012. #badenclay
 
Kate Kyriacou @KateKyriacou · 59s

Judge says Gerard was resistant to talking about the affair. To him it seemed strange. #badenclay

Judge is referring to the email from Toni to Gerard. Says Gerard said he was doing his best to push Toni away at that time. #badenclay

Judge says Gerard's evidence was that he would roll over and tell Toni whatever she wanted to hear because she was so volatile. #badenclay

Judge says Gerard's evidence was that he gave Toni the date, 1 July, for when he would come to her, at random. #badenclay

Judge said Gerard's evidence was that he definitely did not intend to leave his wife. #badenclay

Judge is reading out the email, "leave things to me now, I love you" from Gerard to Toni. #badenclay
 
Yep I absolutely think that he was going with the random stranger attack to begin with. This is based on him saying Allison wasn't suicidal and was in a good frame of mind, and he where he left her body.

I thought that too Smegal. I guess we will never know unless if he does an OJ Simpson book, "what I would have done if I committed the murder". :p
 
3:40pm: Court has resumed.

Justice Byrne has turned his attention to the notion of intent.

"You cannot use his disposal of her body - if that is what he did - as supplying proof of an intention to kill his wife," he said.

"Before you may use the accused's conduct as tending to prove an implied admission of either element, you must first be satisfied that the conduct is not explicable on some other, unrelated basis."

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36wpm36KF
 
Kate Kyriacou @KateKyriacou · 14s

Judge says Gerard's evidence was they had the 15 minute session on April 18 after a drive to Mt Coot-tha. #badenclay
 
Yep I absolutely think that he was going with the random stranger attack to begin with. This is based on him saying Allison wasn't suicidal and was in a good frame of mind, and he where he left her body.

Yes and they had to steer clear of the "someone else did it" because if they agreed someone murdered Allison, it puts him right in it.
 
3:54pm: Mr Baden-Clay is sitting motionless in the dock as Justice Byrne continues his summing up.

Homicide detectives, including Superintendent Mark Ainsworth, remain in the front row of the public gallery.

3:47pm: Justice Byrne has turned to Mr Baden-Clay's evidence.

Mr Baden-Clay stepped into the witness box on the 11th day of the trial.

He denied killing his wife and maintained that the injuries on his face were shaving cuts, not fingernail scratches inflicted by his wife.

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36wqDnfyV
 
Kate Kyriacou @KateKyriacou · 47s

Judge says the next day was April 19, the last day Allison was seen alive. #badenclay

Judge says Gerard's evidence was he doesn't know how the toys got into the Captiva, doesn't know how her blood got there. #badenclay
 
Maybe someone has IBS or a weak bladder...just saying

I've had to write letters for people to exempt them from jury duty on the grounds that they had a condition affecting the bowel or bladder - meaning they could not sit for long periods of time without a toilet break. Never had a problem with this being accepted as a genuine reason not to serve on a jury.
 
Will the jury sit tonight? Have they elected to be isolated or are they going home each night, and the weekend? Thank you
 
Kate Kyriacou @KateKyriacou · 45s

Judge says Gerard's evidence was the cut on his hand was from a screwdriver. #badenclay

Judge says Gerard's evidence was he and Allison sat on the couch and chatted after the girls went to bed. #badenclay

Judge says Gerard's evidence was Allison asked a couple of follow up questions. He admired her strength and forgiveness. #badenclay

Judge says Gerard denied putting his phone on charge at 1.48am. #badenclay
 
Re the blood in the car, the Crown don't have to prove how or why it got there. They just have to convince the jury that the only reasonable explanation for that much blood being in that location in a car they'd had for only 8 weeks that it was due to foul play and injury to her. This is why they asked GBC about any injuries she had acquired or any complaints about bleeding in the new car. It's also why they went into the toys not having been in the car the day before, and no reasonable reason for her to have put the toys in the car that night after getting home late from the hairdresser, that there was a cover-up of evidence in play related to that car. That links to the blood being suspicious too. So they did cover that.

You are correct, each and every piece of evidence is not subject to the criminal burden of proof alone however the evidential burden rests with the prosecution in relation to the blood. To my mind, and my mind only, a satisfactory and incriminating explanation has not been provided and the blood could quite easily have been the result of an innocent mishap that nobody but Allison herself was aware of. Minor cuts can bleed profusely depending on the vascularity of the area.

As for picking at the evidence individually, that's exactly what the jury MUST do in order to determine the relevance, if any, it plays in the whole picture as you put it.

All my opinion of course.
 
Kate Kyriacou @KateKyriacou · 29s

Judge says Gerard demonstrated to the court how he cut himself shaving, doing it in three separate motions. #badenclay

Judge is detailing Gerard's evidence of what happened on the morning of April 20. #badenclay
 
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