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

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Kiwijayne
I just went back to the first post in the first thread and there it was.

04-20-2012, 07:23 AM #1 kiwijayne
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Australia - Allison Baden-Clay, 43, Brisbane QLD, 19 April 2012
This lady is missing less than 1km from my house
http://qpsmedia.govspace.gov.au/2012...on-brookfield/
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It must be incredible to sit in court today and see the final summing up and judge's instructions. My heartfelt thanks to everyone on here and WS. We have come such a long way. Now for justice for Allison.
 
Kate Kyriacou @KateKyriacou · 21s

Judge says this is a circumstantial case - still acceptable proof of facts. #badenclay

Judge says this means it must be the only rational inference that can be drawn from the circumstances. #badenclay
 
Francene Norton ‏@francenenorton 54s
Byrne: People do not always closely observe sights and sounds, let alone try to commit those to memory.


David Murray ‏@TheMurrayD 1m
It is up to you how you assess the evidence and what weight you give to a witness or exhibit - Justice Byrne

The burden of proof is on the prosecution - Justice Byrne


Francene Norton ‏@francenenorton 1m
Byrne: He is presumed to be innocent.

Byrne: The burden rests on the prosecution to prove the guilt of the accused.

Byrne: If you are left with a reasonable doubt about guilt, your duty is to acquit.

Byrne: If you are not left with any such doubt, your duty is to convict.

Byrne: This is a circumstantial case.

Byrne: both direct and circumstantial evidence are to be considered.


David Murray ‏@TheMurrayD 1m
In order to convict you must be satisfied beyond reasonable doubt. It is for you to decide - Justice Byrne

As no one saw the accused kill his wife, this is a circumstantial case - Justice Byrne
 
drsleuth said:
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
Click to expand...

I would love it if the learned Judge said something like "...or recall in minute detail what they had for dinner on their honeymoon and where they were when K. Perkins won gold at the olympics - while happening to forget more recent events which are of crucial importance to the investigation into the untimely death of one's beloved wife."
 
Kate Kyriacou @KateKyriacou · 22s

Judge says emotion has no part to play in their decision. #badenclay

Judge says the accused was not obliged to give evidence or to call witnesses. #badenclay

Judge says it's the prosecution that has the burden of proof. #badenclay
 
Francene Norton ‏@francenenorton 1m
Byrne: it is not necessary that facts be proved by direct evidence.


David Murray ‏@TheMurrayD 50s
You must approach your duty dispassionately - Justice Byrne
 
11:52am: "In order to convict, you must be satisfied, beyond reasonable doubt, of the elements that made of the offence charged," Justice Byrne said.

"As no one claims to have seen the accused kill his wife, this is a circumstantial case.

"Circumstantial evidence is evidence of circumstances that can be relied upon not as proving a fact directly but instead pointing it its existence ...

"It is not necessary that facts be proved by direct evidence."

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36vrU5VMF
 
Minerva said:
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.
Click to expand...
The affairs were never questioned or countered by the DT. In fact Gerred waxed lyrically about them, so much stronger as motive, given all the emails, phone calls etc, none of which can be questioned as they are facts.
 
Kate Kyriacou @KateKyriacou · 12s

Judge says it is not a matter of making a choice between prosecution witnesses and the evidence of the accused. #badenclay
 
Francene Norton ‏@francenenorton 44s
Byrne says it must not only be a reasonable inference, it must be the only reasonable inference.

Byrne: You do not have to believe the Accused told you the truth before he is entitled to be found not guilty.
 
Kate Kyriacou @KateKyriacou · 12s

Judge says it is not a matter of making a choice between prosecution witnesses and the evidence of the accused. #badenclay

Judge says if they don't believe the evidence of the accused, they shouldn't jump directly to his guilt. #badenclay
 
Tessa Scott ‏@TessaScott9 1m

Jury told to dismiss all feelings of sympathy and prejudice by Justice Byrne. @9NewsBrisbane #badenclay
 
Kate Kyriacou @KateKyriacou · 25s

Judge says Gerard was entitled to not provide a statement to police. It can't be used against him. #badenclay

Judge is giving the jury a 10 minute break. #badenclay
 
David Murray ‏@TheMurrayD 1m
The accused to decline to make a formal statement to police - Justice Byrne

A brief break


Francene Norton ‏@francenenorton 1m
Byrne says #badenclay 's decision not to provide a formal statement to police is not evidence against him.

Byrne: #badenclay was entitled to adopt that course.
 
Minerva said:
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.
Click to expand...

I don't know, I just really feel like the issues are all inextricably tied up together. I think it's very revealing to have the lenders or business partners (not sure now) saying that they felt better when Allison was involved in the business. To me it sugggests that he maybe felt threatened by her at work because she was more successful or more respected than he was, so not only did he feel he had to get $, but he had to prove that he could do it, not Allison. A number of posters have suggested that he may've felt threatened by her at home as well, eg if she became more assertive and just began exercising what I'd consider better coping skills than taking the blame for marriage problems on herself. And wasnt there something about how he stood to lose assets in case of divorce? (sorry so unsure...just thoughts ive been having) He couldn't let her take that from him because his sense of self depended on the success, or appearance of success I guess, of the business. So if he stood to lose assets, and knew that people were more comfortable with Allison around, that tells me he knows that if it comes down to him vs Allison, the people with the $ are going to stand with her because they've got more confidence in her. So there you have the interpersonal side of things bound up with money again.
 
Amee said:
Katrina Blowers ‏@katrinablowers 39s

#badenclay jury told not to research or ask qns about anything via twitter, email, blogs, websites, Facebook etc. @7NewsBrisbane

Sarah Elks ‏@sarahelks 41s

Justice Byrne warns jury not to look at Facebook, Twitter, LinkedIn, YouTube, to answer questions about the trial #badenclay
Click to expand...



Websleuths :giggle:
 
Minerva said:
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.
Click to expand...

That's a very good point.
None of the motives are mutually exclusive. He couldn't afford divorce. The divorce would only have been necessary because of the affair.
 
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