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

[BreakingNews]

My conclusions so far -

* Fuller sounded to be absolutely brilliant. Super happy with his closing. Factual, thorough and pretty well impossible to dispute. Easy to understand, doesn't sound boring like you would 'tune out' so it'd be absorbed. Is that the case, were the jury listening intently to ever word taking it all in? I agree with him making the main motive the women rather than money. The money was a pressure point but I think the affair and the personal aspect is more likely to make someone go to that level. The other thing is the money pressure was there but not just there *that night* whereas the thing with the women was relevant to that night, to both of them, and then the thing the next day. So it points to the timing much clearer.

* Judge Byrne, sounds to have summarised the evidence so far in a way that supports the prosecution. Not because he's trying to taint it that way but because the actual evidence swings that way. Excellent. I like too that he said the case being circumstantial is fine and that they can deduce things from the evidence and make inferences. Just so long as if they find him guilty it's because the only reasonable inference from the circumstantial evidence is that he killed her. That's all good in my opinion because the defence's suggestion was even less reasonable and the only conclusion that anyone understanding of the facts could come to is that he's guilty, so I hope the jury got all this as they've had less time to think on it than we have. I wonder if the Judge will explain what reasonable doubt means too. I'd like to know they understand it's not 100% proof, it's that there's no other reasonable explanation for what happened.

The inquiry into the media and the juror - It sounds like the juror reported it and therefore may have shut it down. I wouldn't think it can cause a mistrial unless the juror was shown to have ignored the instructions of the Judge and/or breached their duty. The case is so up there in the media to think that they wouldn't have heard anything at all would be pretty impossible which is why I think they've said they have said to ignore what they hear rather than to not hear it.

'Beyond reasonable doubt' does not imply it needs to be 100%.

http://www.courts.qld.gov.au/__data/assets/pdf_file/0020/86060/sd-bb-57-reasonable-doubt.pdf
Reasonable Doubt
The suggested direction should only be given where the jury indicates that it is struggling with the concept.1 It draws on Krasniqi (1993) 61 SASR 366; cf Chatzidimitriou (2000) 1 VR 493, 498, 503, 509. See also Green v The Queen (1971) 126 CLR 28 at 33.
A reasonable doubt is such a doubt as you, the jury, consider to be reasonable on a consideration of the evidence. It is therefore for you, and each of you, to say whether you have a doubt you consider reasonable. If at the end of your deliberations, you, as reasonable persons, have such a doubt about the guilt of the defendant, the charge has not been proved beyond reasonable doubt.2

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 29s
Gerard's was put on charge 1.48am April 20. In the morning, he told his children he cut himself shaving.

 

[Tulessa]

Testing.

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 6s

Judge says on April 19, Allison went to a four hour training course. The trainer thought Allison was very positive. #badenclay

Judge says Allison then went to the hairdressers. Gerard spoke to Toni McHugh on the phone around 5pm. #badenclay

Judge says Allison spoke to Olivia on the phone at 8.30pm. She was speaking quietly, signs that the children were going to sleep. #badenclay

Judge says Gerard's phone was plugged into charge at 1.48am, taken off about 6am. #badenclay

The judge is going through the events of the morning of April 20. #badenclay

Judge is referring to Gerard explaining to police that he'd cut himself shaving. #badenclay

 

[Stick]

A juror's chair has just broken mid summing up

Couldn't stand the weight of evidence against the defendant...

 

[BJsleuth]

G's sister in law had just given birth in Canada therefore his brother was nowhere near Australia.

 

[Amee]

2:48pm: Justice Byrne has reviewed the evidence of defence witness forensic psychiatrist Dr Mark Schramm who spoke of the nature of depression and suicide.

Dr Schramm said Mrs Baden-Clay may have been on the verge of relapse into her depression, but could not say if she was "actively depressed" at the time of her disappearance.

Justice Byrne has also pointed to the evidence of Relationships Australia counsellor Carmel Ritchie who saw Mr and Mrs Baden-Clay on Monday, April 16, 2012.

She recalled Mr Baden-Clay saying: "I want to build a future together, not regressing. I want to get on with life and wipe it clean."

Prosecutor used those same words to finish his closing address to the jury earlier today.

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36waSswx2

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 28s

Judge says Gerard was asked by police about his wife's state of mind. "Pretty good," he said. #badenclay

Judge says Gerard explained the 15 minute sessions recommended by the counsellor to police. #badenclay

Judge says Gerard told police "we had one last night", said there were some difficult things they'd talked about. #badenclay

 

[Oberammergau]

From where I'm sitting, IMO it will be Nigel whom will spiral downwards very quickly after tomorrow.

Now this man knows what he is talking about!!!!!

 

[Amee]

Sarah Elks ‏@sarahelks 1m

Gerard #badenclay told police "things are pretty tight" financially, Justice Byrne says.

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 2m
Justice Byrne is going through events as police arrive at Brookfield that morning

The jury is hearing summing up of some of Gerard's conversations with police April 20

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 5s

Judge says Gerard told police he honestly didn't know whether Allison had come to bed the night before. He's a very heavy sleeper.#badenclay

Judge says Gerard was asked how his wife had been the last week or so. "Pretty good,'' he'd said. #badenclay

 

[missfisher]

I absolutely can't see that he had someone need to help him. Friends..no way!! I know he is not that bright but one would be pretty dumb to ring anyone for help in such a situation. He might as well have rung his friend the policeman!!!

He could have decoyed one of his women out to childmind on the pretence of searching for Allison. Remarkable if so, because he would have presumably had the body in the Captiva ready to go when the childminder arrived at the house.

 

[MRSA]

He just couldn't wait to get the show on the road. The performance of a life time. I imagine he was up all night, and likely twiddling his thumbs for a long period of the night. If he returned when the phone was plugged back in the charge, how long would it take to clean up an altercation? Two hours at the most, that's a stretch. By 6am he would have been so jumpy and going over and over what he was going to say and do, it would have been pretty torturous I imagine. It seems like the story of his life, he can't manage his impulses well enough to not self-sabotage. I mean holy hell, even saying they did sleep in the bed together and he roused from sleep as she got up and she said she was going for a quick walk - that would have been a better plan. He'd have had an excuse to be worried by 6:30 am if he said she said she was going for a half hour walk at 5:30. All that nonsense at the start with the confusion about a night time walk, that didn't come from nowhere. But the silly rabbit can't even pretend to have a conversation with her once he knows she was dead.

Maybe that's one of the reasons for "rushing to get ready for work" despite the fact that his wife was missing - presenting in shirt, tie and cufflinks masks the stress and tiredness of having been up half the night disposing of a body and was thought to give the impression of "Allison's missing, but nothing else is out of the ordinary".

Unfortunately for the defendant it appears to have had the opposite effect.

 

[Amee]

Sarah Elks ‏@sarahelks 35s

Any signs Allison had been overly depressed? Gerard #badenclay tells police 'no', Justice Byrne says.

 

[Mountain Misst]

He just couldn't wait to get the show on the road. The performance of a life time. I imagine he was up all night, and likely twiddling his thumbs for a long period of the night. If he returned when the phone was plugged back in the charge, how long would it take to clean up an altercation? Two hours at the most, that's a stretch. By 6am he would have been so jumpy and going over and over what he was going to say and do, it would have been pretty torturous I imagine. It seems like the story of his life, he can't manage his impulses well enough to not self-sabotage. I mean holy hell, even saying they did sleep in the bed together and he roused from sleep as she got up and she said she was going for a quick walk - that would have been a better plan. He'd have had an excuse to be worried by 6:30 am if he said she said she was going for a half hour walk at 5:30. All that nonsense at the start with the confusion about a night time walk, that didn't come from nowhere. But the silly rabbit can't even pretend to have a conversation with her once he knows she was dead.

Well we all know that he's not the sharpest tool in the shed...

 

[JK673]

Why does the judge have to rehash all the evidence???

 

[Specul8]

Here is some 'food for thought' from another long time lurker.
If I were to put myself in GBC's shoes, so to speak, and I was truly innocent(not that I believe that for a second)I would be applying all my energy to proving my innocence, which brings me to those scratches.
What better way to prove I am telling the truth about my razor being the cause than to demonstrate to the jury just how I did it.
Sure, it would hurt a little...but I would be ok! Definitely better than the alternative of 15 to 20 years in prison and being forever estranged from my beautiful daughters.
A small price to pay one would think!
Just for the record....I believe he is guilty of pre meditated murder!

 

[Amee]

Allison Baden-Clay.

Allison Baden-Clay. Photo: Supplied

2:48pm: Justice Byrne has reviewed the evidence of defence witness forensic psychiatrist Dr Mark Schramm who spoke of the nature of depression and suicide.

Dr Schramm said Mrs Baden-Clay may have been on the verge of relapse into her depression, but could not say if she was "actively depressed" at the time of her disappearance.

Justice Byrne has also pointed to the evidence of Relationships Australia counsellor Carmel Ritchie who saw Mr and Mrs Baden-Clay on Monday, April 16, 2012.

She recalled Mr Baden-Clay saying: "I want to build a future together, not regressing. I want to get on with life and wipe it clean."

The prosecutor used those same words to finish his closing address to the jury earlier today.

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36wbc5EG7

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 28s

Judge says Gerard told police his wife had had a list of questions for him she'd asked the previous night. (April 19). #badenclay

Judge says Gerard told police his financial situation was "pretty dire". #badenclay

Judge is now discussing the interview Gerard did with police on April 21. #badenclay