Allison Baden-Clay - GENERAL DISCUSSION THREAD #46

[Flinders]

June 9th is a public holiday. School holidays are from June 28th to the 13th of July.

http://education.qld.gov.au/public_media/calendar/pdf/2014-school-calendar.pdf

Monday 9 June 2014 - Queen’s Birthday
http://www.cmd.act.gov.au/__data/assets/pdf_file/0012/296697/publicholidays2014.pdf

Designation of court holidays - December 2013 - January 2014
http://www.courts.qld.gov.au/about/news

Are courts open on public holidays?

 

[Flinders]

Tessa Scott (@TessaScott9)
20/09/13 9:36 AM
Baden-Clay trial date set: 9 June 2014 @9NewsBrisbane

This is the 3rd reporter on twitter quoting June 9th.

 

[Flinders]

What are the opening hours of the Law Courts Complex?

Opening hours during Monday to Friday except for public and court holidays are:

9:00am to 5:00pm for the Law Courts Complex
8:30am to 5:00pm for the Supreme Court Library
9:00am to 4:00pm for the Court of Appeal registry.
http://www.courts.qld.gov.au/courts... the opening hours of the Law Courts Complex?

 

[Flinders]

David Murray (@TheMurrayD)
20/09/13 10:26 AM
Baden-Clay trial starts June 9, close to two years to the day after charges laid.

 

[Flinders]

Date set for murder trial for Gerard Baden-Clay

BROOKE BASKIN
THE COURIER-MAIL
SEPTEMBER 20, 2013 10:09AM

GERARD Baden-Clay will face a Supreme Court trial for the alleged murder of his wife Allison in June next year.

At a hearing review on Friday, Justice Glenn Martin listed the trial to begin on June 9.

He listed the case for a hearing on October 1 in order to resolve legal argument concerning Relationships Australia counsellor Carmel Ritchie's intention to claim client privilege if called to give evidence.

Ms Ritchie had seen both Baden-Clay and his wife for counselling before she was reported missing.

http://m.couriermail.com.au/news/qu...gerard-badenclay/story-fnihsrf2-1226723365598

 

[DrWatson]

So he will have been held in remand for 2 years before the trial even starts...!

:jail:

You really wouldn't want to get arrested if you were innocent, would you?

Those "wheels of justice" seem to be grinding very slowly.

Anyone have any further info on Carmel Ritchie's evidence and its admissibility?

EDIT: Just saw the post above - thanks

 

[Flinders]

He also listed two-days for a pre-trial hearing on February 3 and 4.

via The Courier Mail

The proposed pre-trial hearing is not uncommon in the lead up to many criminal trials in Queensland and can be used to resolve a host of issues such as the Crown's provision of statements, reports, evidence, psychiatric or other medical examinations of an accused criminal.

The hearing's title comes from the section -- 590aa -- of the State's Criminal Code that details what issues can be argued, resolved or orders sought on a host of varying issues.

In rare cases, defence lawyers can apply for a judge-only trial, have an indictment quashed or stayed, ascertain whether a defence of insanity or diminished responsibility will be raised or if the whole case should be referred to the Mental Health Court.

However, ordinarily the hearings touch on more mundane, yet crucial, areas the defence needs resolved before a trial can be given a start date listing.
http://m.couriermail.com.au/news/qu...rett-peter-cowan/story-fnihsrf2-1226681835423

 

[Flinders]

Justice Martin listed a pre-trial recording of evidence in relation to the case on February 24 next year.


Australian Law Review Commission

26. Reporting, Prosecution and Pre-trial Processes
Pre-recorded evidence
26.154 In the following discussion pre-recorded evidence refers to evidence
recorded before the trial and replayed at the trial. The focus of the
Commissions’ interest in pre-trial processes in sexual offence proceedings is
on reform to reduce the trauma caused to complainants of sexual assault. In
this context, the use of pre-recorded evidence is important because it may
lessen or eliminate the need for complainants to give evidence in person at the
trial.[208]

26.155 Pre-recorded evidence used in criminal proceedings can be categorised
into recordings of:

the initial interview between police and the witness (evidence of
interview); and

other evidence given by the witness.[209]

26.156 Federal, state and territory legislation provides for the use of
pre-recorded evidence in criminal hearings and trials.[210]
Such legislation applies to the use of pre-recorded evidence in sexual offence
proceedings, and may apply to other criminal proceedings.[211]

26.157 The provisions generally apply to child witnesses and witnesses who are
‘cognitively’ or ‘intellectually’ impaired. In some jurisdictions, however, the
provisions extend to any ‘special’ witness who requires protection[212]
or all witnesses who are complainants of sexual assault.[213]

http://www.alrc.gov.au/publications...and Pre-trial Processes/pre-recorded-evidence

 

[Flinders]

So he will have been held in remand for 2 years before the trial even starts...!

:jail:

You really wouldn't want to get arrested if you were innocent, would you?
Those "wheels of justice" seem to be grinding very slowly.

Anyone have any further info on Carmel Ritchie's evidence and its admissibility?

EDIT: Just saw the post above - thanks

BBM. He wasn't just arrested. He had a committal hearing that determined there was sufficient evidence for a trial to proceed. His application for bail was also denied.

Moo

ETA. If a person is innocently serving years on remand, I would think they would have to either laugh or go crazy.

 

[Flinders]

I still don't understand why it was scheduled for the 9th of June.

6.On Tuesday, 30 October 2012, amendments to the Holidays Act 1983 were passed by Parliament prescribing that from 2013, the Birthday of the Sovereign (Queen’s Birthday) public holiday is to be observed on the second Monday in June and the Labour Day public holiday is to be observed on the first Monday in October.

http://www.justice.qld.gov.au/fair-and-safe-work/industrial-relations/public-holidays/dates#ftn6

It is the second Monday in June, so it must be a holiday unless there is something in the works to change the Queen's Bday holiday or abolish it all together.

Moo

 

[Flinders]

A Supreme Court judge on Friday set June 9, 2014 for the start of a trial, which is expected to take a month.

http://www.news.com.au/breaking-new...ial-set-for-june/story-e6frfku9-1226723392620

 

[Strangeworld]

You've been a busy bee this morning Flinders. Thanks for all the links.

So glad we have a date now. Now the countdown begins.......

 

[Fuskier]

Thanks for being on top of the info this morning Flinders.

http://www.couriermail.com.au/news/...gerard-badenclay/story-fnihsrf2-1226723365598
DATE SET FOR MURDER TRIAL FOR GERARD BADEN-CLAY:
The trial will be heard on June 9th 2014 before Supreme Court Justice John Byrne.

 

[Flinders]

Month set aside for murder trial of Gerard Baden-Clay
by: Sarah Elks From: The Australian September 20, 2013

This morning, in a review of the case before Justice Peter Applegarth, the trial was set down for June 9. It is expected to last for up to a month. Before then, prosecutors and Mr Baden-Clay's defence team must argue about whether the Baden-Clays' marriage counsellor can be called to give evidence.

The counsellor's employer, Relationships Australia, says the federal Family Law Act prevents the woman from giving evidence in a state criminal court, because of confidentiality provisions. However, prosecutor Danny Boyle says the state law should override the federal statute.

He confirmed in court today that a subpoena had been issued for the woman. Despite concerns the issue would trigger constitutional questions, this morning barrister Michael Byrne QC, for Mr Baden-Clay, said there was none to be answered. Justice Applegarth said there was then no need to issue notices to the state and federal Attorneys-General.

- See more at: http://www.theaustralian.com.au/new...y-e6frg6nf-1226723351385#sthash.BjUhADZD.dpuf

 

[BreakingNews]

A Supreme Court judge on Friday set June 9, 2014 for the start of a trial, which is expected to take a month.

Read more: http://www.brisbanetimes.com.au/que...ial-in-june-20130920-2u3pi.html#ixzz2fOniun3X

It's a Friday, so not a holiday for Queens Birthday

 

[Flinders]

:scared: To me it looks like the 9th is a Monday.

 

[BreakingNews]

Not sure where to post this, but these are the upcoming dates for our diaries.

1. Tuesday 1st October 2013 - legal argument of counsellor's evidence
2. 3 & 4 February 2014 - more pre-trial hearings
3. 24 February 2014 - half day set aside to pre-record evidence from other witnesses
4. 9 June 2014 - trial commences - expected to take a month

 

[Crime and punishment]

Hi everyone- thought you would all be popping in today! Great news- but it has taken soooo long! As Flinders has said the first day of the trial is a Monday and is definitely set down as the Queen's Birthday holiday...
http://www.justice.qld.gov.au/fair-and-safe-work/industrial-relations/public-holidays/dates

I think they have made an error- surely they don't start a Criminal Trial on a gazetted holiday?

 

[Flinders]

A correction to an earlier tweet: it was Justice Glenn Martin presiding over the Baden-Clay review today, not Justice Peter Applegarth.

@sarahelks 8 minutes ago

 

[Makara]

For Friday 20 September 2013

SUPREME COURT CRIMINAL SITTINGS

Justice Martin
Court 16
Floor 6 9:15 AM
(Review - Appearance and Legal Representatives Required)
BADEN-CLAY;

http://www.courts.qld.gov.au/__external/CourtsLawList/Brisbane.htm

Thanks for this BreakingNews. I'm curious to know who all of the people are mentioned in the list.

AGBOTI; ATKINSON; BADEN-CLAY; BARKER; BRIGGS; BUSH; CORMIE; ELLIOT; GADALETA; GILLHAM; HAYMAN; ILIC; JARRETT; JOINBEE; LAVELL; MAHONEY; MCHUGH; NGUYEN; PANGANIBAN; TELLEFSEN; TRAN; WILLS; AINSWORTH

I recognise Mahoney and McHugh and Baden-Clay of course, but the others have piqued my curiosity.