ARREST!!! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#23

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  • #201
Don't shoot me for this, but I actually felt somewhat sorry ... I saw him like a wounded animal hiding in a little corner, scared. Someone reported that he didn't even look at the magistrate, but just at the wall. To me he presented himself as the opposite of how he had presented himself until that point in time. I wouldn't be surprised if he is seriously suicidal, hence having him now under 24 hrs surveillance.

Precisely what I saw. It was sad.....Such a sad situation all round.
 
  • #202
Also some mums just dont care to go. A few of the mums at my school would rather go out for coffee with friends, than attend one of their kids activities. Some parents even have their kids in so many activities, it appears that they do it, so they dont have to deal with their children.

Even mums are different.

very true..and thats sad. I know many mothers would do their best to attend. But there may always be the odd occasion where they can't. So yes Allison may have normally attended, maybe she would have done everything in her power to, for this time maybe she could not. Maybe it was decided GBC would because Allison couldn't. But maybe ther is another reason..although as stated it appears she was seen later that day.
 
  • #203
Aunty do you know she would never have missed an event like that? I know my mum would have loved to be able to be at all of our(her kids) crosscountry events and the like when we were young. Unfortunately she was not able often due to work commitments. We understood, though would have loved her there. Maybe that is why GBC did attend because Allison couldn't (not for sinister reasons).. That does happen too, if at least one parent can be there for the kids. Its not always these days that parents can attend all of those events. IMO ( don't think we can say with Authority what Allison would or would not have done in the circumstances)

Allison was apparently seen on the Thurs afternoon at the afterschool pick up and the person who spoke to her has been spoken to by police(this was mentioned by a poster last night).

Couldn't agree more, it may well strike those who knew them at the school as unusual if she wasn't there and he was, or someone who might have had a conversation about it with Allison and believed she was going and she didn't, but we can't know the significance from what we do ourselves or imagine she did.
 
  • #204
Channel 9 journo (Alysha Gates) was standing in front of Keentoknow's lovely sunflower cross for the story tonight from Kholo bridge.
 
  • #205
  • #206
Unfolding Truth...you may have seen this already??..I posted in previous thread this morning...

June 15, 2012 - 3:00AM

Last night, Brisbane's three major commercial television networks reported being contacted by investigators for the schedule of their programming between April 18 and 19.

It is understood the programming information will form part of the brief of evidence against Mr Baden-Clay. He has allegedly told police he last saw his wife watching The Footy Show on Channel Nine.

http://www.brisbanetimes.com.au/que...t-in-prison-20120614-20cq6.html#ixzz1xqeDIAwk

What is confusing though is Footy Show was Thur night the 19th but QPS requested programming from 4PM WEDNESDAY April 18th - 4AM Thursday 19th. (Does not include the apparent timeframe of Allison's murder or the Footy Show).

So intriguing!
 
  • #207
Yet, even if Australia has ratified a treaty, it has no force in our law unless it has been enacted in our legislation.

Qld does not have a Charter of Rights as, for example, Victoria does.

As I understand it, judges may be cognisant of human rights etc, however, they are not 'obligations' until what has been ratified has also been enacted.

For example, the Racial Discrimination Act which has made law some of our obligations under the ICERD.

Australia is a signatory to a whole host of international human rights agreements. Some of these agreements include undertakings and expectations in relation to how criminal proceedings will be conducted. The statutory provisions which govern proceedings, including those in the Code, are subject to common law. This means the intepretations given by judges when they apply the provisions in actual cases. In doing this work, judges are expected to be cognisant, to varying degrees, of our international human and civil rights obligations. There is stong opinion among some members of the judiciary and legal professions that these obligations affect the extent to which a court can competently give an order excluding the use of a jury. This, together with the strong existing common law presumption against allowing a judge alone to determine subjective intention is what produces the implication that a murder trial ought not to be decided by a judge alone. Hopefully this addresses both your queries. If not, it would be great if we had a thread to talk specifically about procedural issues.
 
  • #208
Australia is a signatory to a whole host of international human rights agreements. Some of these agreements include undertakings and expectations in relation to how criminal proceedings will be conducted. The statutory provisions which govern proceedings, including those in the Code, are subject to common law. This means the intepretations given by judges when they apply the provisions in actual cases. In doing this work, judges are expected to be cognisant, to varying degrees, of our international human and civil rights obligations. There is stong opinion among some members of the judiciary and legal professions that these obligations affect the extent to which a court can competently give an order excluding the use of a jury. This, together with the strong existing common law presum:cheers:ption against allowing a judge alone to determine subjective intention is what produces the implication that a murder trial ought not to be decided by a judge alone. Hopefully this addresses both your queries. If not, it would be great if we had a thread to talk specifically about procedural issues.
Thanks Hawkins-I really appreciate how you are able to relay complex legal issues to those of us that aren't 'experts'.
 
  • #209
That surprises me. So does that mean they think he acted alone, even removing her from the home... all by himself?? I always thought there had to be at least one other person involved.:what:

The other person (if any) might have been given immunity and we don't know that yet?
 
  • #210
Thank you! I did see it on channel 7. I think people misunderstood, I wasn't questioning it. Just couldn't remember the dates they said. had assumed it was the 19th/20th. So the earlier date is interesting. I did believe it would be for the evidence brief..but still wonder how the 18th figured into it. Was the footy show aired on the weds night that week due to rescheduling or something?? -Just a thought.

Footy Show is ALWAYS Thur night and was that night too.
 
  • #211
Kimster pointed to it a few threads ago, in the heady days of defamation discussion. If memory serves, it's called the Jury Room.

Jabots, anyone?

The Jury Room...

[ame="http://www.websleuths.com/forums/forumdisplay.php?f=25"]Websleuths Crime Sleuthing Community[/ame]
 
  • #212
very true..and thats sad. Our mother did her her best to always attend. But there was the odd occasion where she could not. So yes Allison may have normally attended, maybe she would have done everything in her power to, for this time maybe she could not. Maybe it was decided GBC would because Allison couldn't. But maybe ther is another reason..although as stated it appears she was seen later that day.

Our mum did her best too.....She barely knew english and did her best. Often no-one would speak with her (not deliberate) because she couldnt understand them....Though she came along as much as possible....I was very lucky. Sometimes things come up. I know a few weeks back I had a dentist appointment and I just couldnt change it, when my daughter had a swimming squad meet.
 
  • #213
Yet, even if Australia has ratified a treaty, it has no force in our law unless it has been enacted in our legislation.

Qld does not have a Charter of Rights as, for example, Victoria does.

As I understand it, judges may be cognisant of human rights etc, however, they are not 'obligations' until what has been ratified has also been enacted.

For example, the Racial Discrimination Act which has made law some of our obligations under the ICERD.

Thank you for this insightful post, indogwetrust. :)
 
  • #214
  • #215
Our mum did her best too.....She barely knew english and did her best. Often no-one would speak with her (not deliberate) because she couldnt understand them....Though she came along as much as possible....I was very lucky. Sometimes things come up. I know a few weeks back I had a dentist appointment and I just couldnt change it, when my daughter had a swimming squad meet.

Yep I was lucky in that mum would attend most as much as she could. My younger sibling had her there less, as mum had returned to full time work by that stage..(earlier than intended due to finances).. But its just not always possible and in this day and age more and more both parents work and are not able to get the time off. it is unfortunate. But sometimes the way it is.
 
  • #216
Thank you! I did see it on channel 7. I think people misunderstood, I wasn't questioning it. Just couldn't remember the dates they said. had assumed it was the 19th/20th. So the earlier date is interesting. I did believe it would be for the evidence brief..but still wonder how the 18th figured into it. Was the footy show aired on the weds night that week due to rescheduling or something?? -Just a thought.

I've heard it was on the Thursday night but can't find out if it began at usual time of 9.30pm or if didn't start until later...as it has a habit of doing.
 
  • #217
I don't agree about missing the cross country. I try to go to all school events but if I miss any and can't make it due to work commitments, which I think Allison had, I would first and foremost miss the cross country. If there are any events I do miss, my husband goes, and believe me, he's been to many.
 
  • #218
Footy Show is ALWAYS Thur night and was that night too.

lol, I never watch it. I know its usually on Thurs. I dunno, I wasn't thinking and just threw that in there for a thought. As someone mentioned The Voice was on that week on thurs, so wondered about schedules. Thanks for clarifying.
 
  • #219
I was very touched that the Morcombes are able to access Victims of Crime money so quickly. It will take a load off the Dickies.
 
  • #220
There's a jury thread? Cool.


Oh, bother. You've gone! I was all geared up for a meaty chat in the Jury Room. Let's catch up when you're back, if you're interested (no problem if you're not). :)

Am still keen if there are any other takers. :D
 
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