Allison Baden-Clay - GENERAL DISCUSSION THREAD #38

[jadalynpisces]

The full affidavit is available to the public if you wish to purchase it. I am not sure of the price but think it is in the several hundreds of dollars.

I do not understand why the media has not used all of the information in the affidavit. Maybe a legal or journo whiz can answer that one.

Oh I see now. that is a lot of money. If this affidavit is available to read, then why is it so secret? why do we need a legal journo whix to answer?
I do not want to pay a lot of money to read it, but it must not be private or else it couldnt be read. a Journo whiz like watson institution would be able to tell us, please? I really find it complicated

 

[marlywings]

The full affidavit is available to the public if you wish to purchase it. I am not sure of the price but think it is in the several hundreds of dollars.

I do not understand why the media has not used all of the information in the affidavit. Maybe a legal or journo whiz can answer that one.

Just a guess but it could be to do with the rest of the affidavit containing witnesses names.

At the bail hearing the judge also issued this warning to the media...

June 22, 2012

However Justice Boddice did continue his address to the court, issuing a warning to the media. He said “constraint must be shown” in opinions published by journalists.

“One will hope that the media will ensure justice can take place in a proper, respectful way, for what the law allows and applies,” Justice Boddice said.

Mr Davis added: “And the media should have regard to the fact that those comments are made with the force of your Honour’s office”.

Justice Boddice replied: “And that is why I have said what I have”.

Mr Baden-Clay’s trial is not expected to reach the courts for at least two years.

http://www.brisbanetimes.com.au/que...denied-bail-20120622-20s73.html#ixzz24k5HUQLZ

 

[willough]

Hi Everyone....Big hugs. Hope you are all doing well. Am catching up with my reading here....Lots has been happening it seems with the talk of affidavits. Just wanted to quickly say hi and let you know I haven't forgotten about Allison and that I think about her everyday.

Huggles xx

 

[linette]

Hi Everyone....Big hugs. Hope you are all doing well. Am catching up with my reading here....Lots has been happening it seems with the talk of affidavits. Just wanted to quickly say hi and let you know I haven't forgotten about Allison and that I think about her everyday.

Huggles xx

HELLOOOOOOOOOOOOOOOOOO !!!!!!! :great: You have been missed!!!!

 

[linette]

Oh I see now. that is a lot of money. If this affidavit is available to read, then why is it so secret? why do we need a legal journo whix to answer?
I do not want to pay a lot of money to read it, but it must not be private or else it couldnt be read. a Journo whiz like watson institution would be able to tell us, please? I really find it complicated

Yes, it is a lot of money. Watsonian Institute hasn't been around for a while, though he may feature in the posts you're currently reading. Don't know where he went, he just sort of... took off!! Maybe he can read this and come and help us out?

 

[Dodo]

Hi Everyone....Big hugs. Hope you are all doing well. Am catching up with my reading here....Lots has been happening it seems with the talk of affidavits. Just wanted to quickly say hi and let you know I haven't forgotten about Allison and that I think about her everyday.

Huggles xx

Hi beautiful willough!!

 

[jadalynpisces]

Hello Willough, it sounds like you are very missed. That is nice, do you have some new things to say? When you say that you thing=k about allison everyday, well, I think that is beautiful. because for everyone who has grown to be fond of her and love her, it can be easy to get away from why people are here on this froum. Which is Allison. I feel so much that the feelings are more away from Allison now. They used to be that people posted because they wanted to talk about Allison. I can see that this is still true. Still it is a bit different now. A bit less because the people here are more than Allison now, like special friends have been formed. I feel like she brought a lot of people to gether.i know she is the reason for us to be here. I just dont want to forget why I am here, and all of you were here.

 

[bearbear]

Just a guess but it could be to do with the rest of the affidavit containing witnesses names.

At the bail hearing the judge also issued this warning to the media...

June 22, 2012

However Justice Boddice did continue his address to the court, issuing a warning to the media. He said “constraint must be shown” in opinions published by journalists.

“One will hope that the media will ensure justice can take place in a proper, respectful way, for what the law allows and applies,” Justice Boddice said.

Mr Davis added: “And the media should have regard to the fact that those comments are made with the force of your Honour’s office”.

Justice Boddice replied: “And that is why I have said what I have”.

Mr Baden-Clay’s trial is not expected to reach the courts for at least two years.

http://www.brisbanetimes.com.au/que...denied-bail-20120622-20s73.html#ixzz24k5HUQLZ

msm seem to be very restrained in this case, normally there would be leaks of information trickling through. i wonder why they have chosen to be so careful with this case?

 

[Berry]

The full affidavit is available to the public if you wish to purchase it. I am not sure of the price but think it is in the several hundreds of dollars.

I do not understand why the media has not used all of the information in the affidavit. Maybe a legal or journo whiz can answer that one.

YES times like this we need Hawkins......again, sweet gem he is, Hawkins help, calling out to the universe.

Mountain Mist can you conjure him back for us please........ lol

 

[linette]

YES times like this we need Hawkins......again, sweet gem he is, Hawkins help, calling out to the universe.

Mountain Mist can you conjure him back for us please........ lol

I would love to hear his wise words again!!!! lease:

 

[marlywings]

msm seem to be very restrained in this case, normally there would be leaks of information trickling through. i wonder why they have chosen to be so careful with this case?

I don't think it's anything unusual at all to not hear any further information until the case reaches committal hearing. For example, another high profile case, committal hearing began today. The crime was in May last year...since then we've barely heard anything about the case except for the names of those who were charged.

Other countries are similar...especially UK. If you've read any of the Tia Sharp thread on WS you'll see the media in UK also stop releasing info.

http://www.websleuths.com/forums/showthread.php?t=182222&highlight=tia

I don't think we're going to hear too much at all about Allison's case until some time next year when committal hearing starts.

 

[Keentoknow]

Hi Everyone....Big hugs. Hope you are all doing well. Am catching up with my reading here....Lots has been happening it seems with the talk of affidavits. Just wanted to quickly say hi and let you know I haven't forgotten about Allison and that I think about her everyday.

Huggles xx

Hi Willough....I am still here ticking all the boxes. You will have a lot to read now.:seeya:

 

[summer_breeze]

Hello Willough, it sounds like you are very missed. That is nice, do you have some new things to say? When you say that you thing=k about allison everyday, well, I think that is beautiful. because for everyone who has grown to be fond of her and love her, it can be easy to get away from why people are here on this froum. Which is Allison. I feel so much that the feelings are more away from Allison now. They used to be that people posted because they wanted to talk about Allison. I can see that this is still true. Still it is a bit different now. A bit less because the people here are more than Allison now, like special friends have been formed. I feel like she brought a lot of people to gether.i know she is the reason for us to be here. I just dont want to forget why I am here, and all of you were here.

Hello jadalynpisces and welcome! Seems as though you have been here all along!

It's amazing how much information and sentiment you absorbed by reading back through the threads. I must give it a try!

Again, welcome!

 

[alioop]

Can you please tell me if the "provocation" ruling definitely not acceptable or can it be used?

The partial defence of provocation still exists in Qld to reduce a conviction of murder to manslaughter. It is contained in sec 304 Criminal Code, link below.

http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s304.html

There has been discussion in the media recently about the use of provocation defence in relation to unwanted but non violent homosexual advances. That may be the reason people may be wondering if something has changed recently.

I will make some comments on the provocation defence sometime tomorrow when I am not so tired but in the meantime have a look at Sec 304.

 

[possumheart]

The partial defence of provocation still exists in Qld to reduce a conviction of murder to manslaughter. It is contained in sec 304 Criminal Code, link below.

http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s304.html

There has been discussion in the media recently about the use of provocation defence in relation to unwanted but non violent homosexual advances. That may be the reason people may be wondering if something has changed recently.

I will make some comments on the provocation defence sometime tomorrow when I am not so tired but in the meantime have a look at Sec 304.

Wow thanks

 

[summer_breeze]

I've warned you about full affidavit information.

This is all I will say on this point. IT IS NOT AVAILABLE to the GENERAL PUBLIC. You can nit pick all you want about how you can "purchase" the document. It would still not be available to the "GENERAL PUBLIC".

I've removed posts that discuss that which I specifically asked you not to.

If you don't like the rules, don't post or read. It's really simple.

Anyone else playing games will be penalized without further warning.

 

[marlywings]

I don't care how clever any of you "think" you are at circumventing the rules....you're not going to get away with it here.

You have been repeatedly told NOT to discuss information contained in the affidavit which hasn't been released in MSM. How hard is that to understand!?!?!

Any further posts about it will be removed & you can expect time out.

 

[Radster]

I haven't visited for ages, sorry. Just been reading back through a few (hundred) posts. Can anyone tell me when the next hearing is scheduled and what that may involve? Thanks heaps.

 

[marlywings]

I haven't visited for ages, sorry. Just been reading back through a few (hundred) posts. Can anyone tell me when the next hearing is scheduled and what that may involve? Thanks heaps.

September 3rd is the next court mention...some great info about it from member alioop a verified solicitor...

The sept 3 court appearance is a committal mention, a procedural matter to make sure all parties are moving towards doing what they need to do like the prosecution handing over the evidence they have already been ordered to to by 20 August.

There will likely be more of these mentions and at some point a date for the actual committal hearing will be set for a magistrate to determine if there is sufficient evidence on which a jury could convict to send the defendant to trial in the District Court or Supreme Court. Some more info about the committal process is in this link

http://www.justice.qld.gov.au/justi...-in-court/magistrates-court/committal-hearing

I think most people charged with murder get committed to stand trial as the police would usually have "sufficient evidence" either at the time of arrest or by the date of the committal. Obviously though the magistrate has to also be convinced that there is "sufficient evidence" The standard of proof is much lower than what is necessary to convict in a trial by a jury. For our American friends it is our equivalent of the US grand jury process, though quite a bit different.

If committed to trial by the magistrate, in this case due to the severity of the charge, namely murder, the accused person would ultimately be tried in the Supreme Court of Queensland.

GBC's committal hearing is not going to happen before next year. The forensic accounting investigation I think from memory was likely to take until November. As for a trial, hopefully there will be a new judge appointed soon to ease the current backload of trials. So maybe another year after the committal hearing for a trial. It is hard to know but it will be a long time.

 

[they'll get you]

Sorry, I am jumping around reading today lol. Asphyxiation would have the same effect on the brain's level or speed of decay as carbon monoxide poisoning because of cutting off the oxygen, do you think
And carbon monoxide poisoning would not be the type of thing you would do to someone if you just were in a big rage, so if this was how it happened maybe, it was maybe planned? But with asphxiation like choking, it could be said to be out of the blue and not planned. In all the posts I have read, there was one that said that they think it will come out that it was planned, not spur of the moment. I dont know what to think

If Allison had a massive brain injury or asphxiated & was unconscious (brain dead/swelling) but was still alive when left. I wonder if that could effect decomposition? Also if she was unconscious & he put her in the car with a hose from the exhaust for an hour or two? Would have the excess carbon monoxide in the car be traceable by the police? OMG I'm so so sorry to think this could be possible !