The Crown v Gerard Baden-Clay, 10th July - Trial Day 18

[sheldor]

Oooh I thought that juror would have been KO'ed for that .. interesting they weren't, guess we'll see this again at the appeal trial.

I guess since it was a how to guide about deliberations rather than information about the case it wasn't too prejudicial.

 

[Amee]

1:16pm: The material downloaded from the internet related to commentary from the United States about the role of a jury.

"You scarcely need to know what some overseas commentator speaking about a different system happens to the think," Justice Byrne said.

1:13pm: The jury has been called back into the courtroom for another direction from Justice Byrne.

"There's been an important matter drawn to my attention," he said.

Justice Byrne said a juror had downloaded material from the internet about how a jury might deliberate its verdict.

"I expected that my direction given twice orally and once in writing that you must not inquire outside the courtroom about anything that related to the trial was clear and emphatic," he said.

"What was done was wrong."

Read more: http://www.brisbanetimes.com.au/que...y-18-week-5-20140710-3bnzp.html#ixzz3722hPYem

 

[Aunty]

It has not been mentioned in this trial at all as a charge. It has certainly been mentioned that Allison's body was dumped, therefore implying the notion of interference with a corpse, but it is not part of THIS trial.

I would imagine that QPS may not have wanted to create any form of confusion or ambiguity in this trial by having to prosecute two charges rather than one to the jury. I have no doubt that once he is found guilty there would be absolutely no reason why they could not then go forward with interfering with a corpse, especially if they are thinking of charging mnore than one person with the crime.

JMHO.

Cheers.

And I believe that I saw OBW being "served with a ? notice" yesterday, in relation to this.

 

[JK673]

A poster asked if the judge could overrule the jury's verdict (US/UK)...

It very rarely happens at all but when it does, a criminal court judge cannot overrule an acquittal in the US. (Double jeopardy is enacted.) A judge can reverse a conviction - known as JNOV (judgement not withstanding a verdict) - usually due to a lack of evidence necessary to establish guilt BARD or malfeasance during the trial that would cause a higher court to overturn the conviction (like the prosecutor withholding evidence favourable to the defence).

In the UK a Crown court judge cannot reverse a verdict but can instruct the jury to return with a not guilty verdict if the burden's not been met - the jury can also ignore that direction - but the appellate court would simply quash the conviction anyway or render a substitute verdict.

In 25 years of following trials, I can only recall it happening twice - the San Francisco dog mauling case and British nanny Louise Woodward. It's really not common...and prosecutors still retain the right to appeal a set aside verdict.

JMO and HTH

Please pardon errors as posted via Tapatalk with a less than stellar user.

Thanks i knew i had heard of it somewhere

 

[Freya1977]

Sarah Elks ‏@sarahelks 32s

Justice Byrne is warning the #badenclay jury not to use the internet, after one brought a 'how to deliberate' guide into the jury room.

Oh....my....god..... :facepalm:

 

[Amee]

Eammon Atkinson ‏@EAtkinson7 1m

The waiting continues - #BadenClay jury back deliberating. Judge won't take a verdict before 2.15pm

 

[UnfoldingTruth]

I find him sending the girls to school something very distasteful. I will find it disgraceful if he is found guilty.
The girls will not forget that day.
When age brings wisdom, they will question the role of the adults who made decisions at that time.
I hope they have strong hearts and any sad and anxious memories of the day are replaced by the beautiful thoughts of their mother.

Justice for Allison and her Girls.

If Allison had just gone for a walk and not that late home, probably was no need to alarm the kids until you knew more- and no reason to be ringing triple 0. But in the context of him being guilty, then maybe a different story. he certainly wasn't thinking of his kids when he murdered their mother(yeah not convicted yet..I know)

 

[possumheart]

There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.
Mahatma Gandhi

Beautiful, thank you. :heartbeat:

Re note for OW: I suspect that if convicted, GBC will be moved to a different prison. The note may have been outlining that procedure, as well as procedures for if he is found innocent. Not sure that corrective services would deliver this information at court, but it would be efficient if they did.

 

[UnfoldingTruth]

Kate Kyriacou ‏@KateKyriacou 59s

Judge is telling the jury they must not make enquiries outside the trial. A juror has downloaded a document. #badenclay

Judge says the document was a guide to jury deliberations. He says they must not do this, it was wrong. #badenclay

Judge says any advice needs to come from this court. This court has given them a jury guide. #badenclay

:facepalm:

 

[missfisher]

I must admit that giving the jury a transcript seems like a pretty sensible idea. That, plus the warning not to use the internet makes me wonder if the rules of jurorship (if that's a word) aren't due for an overhaul. We're all so much more connected to information these days, that some jurors are going to expect transcripts and to be able to use the internet as a resource.

it's going to be fascinating if they troop back in on a regular basis for a reread of a) court docs or b) the riot act!

 

[FirstTimer]

And I believe that I saw OBW being "served with a ? notice" yesterday, in relation to this.

SERIOUSLY???? WOW, I hope so..........

 

[JK673]

Do you mean unusual because G knew Mum wasn't coming back (trying to keep them away from police in case they say something he doesn't want them to - IMO that's why he sent them to school), or unusual regardless?

It is unusual to send a kid to school when a serious family matter has occurred.

 

[JK673]

Kate Kyriacou ‏@KateKyriacou 2m

Judge is telling the jury they must not make enquiries outside the trial. A juror has downloaded a document. #badenclay

Omg, listen to the Judge people!

Again....why are they NOT sequestered!!!!

 

[Brightbird]

And I believe that I saw OBW being "served with a ? notice" yesterday, in relation to this.

Maybe she was given notice in relation to approaching the jury? :dunno:

 

[PlainJaneDoe]

"how to deliberate"
By PlainJaneDoe

(1) Close your browser.
(2) Put down your electronic device(s).
(3) Listen to and follow the instructions of the actual court officials, asking questions as necessary. Seriously, they will be more helpful than some rando on the 'net.

 

[FigTree]

francene norton ‏@francenenorton 1m
justice byrne says a juror has downloaded a document from an overseas commentator from the internet.

:facepalm:

wth??!!

 

[Brightbird]

I'm concerned now about the jury. Should be pretty obvious that a US guide to deliberating is off the mark, not to mention prohibited.

 

[UnfoldingTruth]

It is unusual to send a kid to school when a serious family matter has occurred.

But at that point it was assumed or should have been assumed not to be a serious matter. I think. But then thats the point isnt it- he was making it into a serious matter straight away and being alarmist and the kids did know she was missing...

 

[missfisher]

Again....why are they NOT sequestered!!!!

Yup...if they don't lock them away, things like this are going to happen. They'll be ringing GBC in the cells next with a few questions!

 

[PrimeSuspect]

"how to deliberate"
By PlainJaneDoe

(1) Close your browser.
(2) Put down your electronic device(s).
(3) Listen to and follow the instructions of the actual court officials, asking questions as necessary. Seriously, they will be more helpful than some rando on the 'net.

Excellent and logical advice.

I just can't believe a juror did that, after all the warnings from the Judge. :facepalm: