I imagine that the bump on the head is insignificant to the case as it could be explained as a normal accident (whether or not it was), whereas the marks on his cheek are more telltaling and difficult to explain as anything other than fingernail scratches, although GBC is desperately trying to persuade jurors otherwise.
The Crown v Gerard Baden-Clay, 30th June - Trial Day 12, Week 3
- Thread starter marlywings
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I imagine that the bump on the head is insignificant to the case as it could be explained as a normal accident (whether or not it was), whereas the marks on his cheek are more telltaling and difficult to explain as anything other than fingernail scratches, although GBC is desperately trying to persuade jurors otherwise.
She said in her statement it was the week she had the boys so she was home that night with them
I just have an funny feeling that someone is going to be charged with offences after this case is finished. I have always had this feeling and the feeling EBC has had more to do with this (coverup - name will be ruined it has to be taken care of keeps running thru my head) and I am gobsmacked she was never called to testify. She runs the show, NBC wants us to all believe he does but I am telling you mummy is the boss.
laserdisc10
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Re: TM's whereabouts on the night/morning in question, would have been good if the prosecution had nailed that down when TM was on the stand. Would be no point afterwards in trying to point the finger at TM. The jury could then put their heads together and agree there's no other likely suspect. No boyfriends. No drug dealers looking for their money. No crazy neighbours with a grudge. No-one in the hot seat apart from GBC
Maybe the prosecution did let the jury know TM's movements had been thoroughly investigated and she'd been cleared absolutely of having any involvement?
Maybe the prosecution did let the jury know TM's movements had been thoroughly investigated and she'd been cleared absolutely of having any involvement?
FigTree
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I have noticed that GBC has answered some of the most critical question with a 'Rupert Murdoch I cant recall' type of memory.
----
Convoy?
Weren't their 2 cars in convoy with lights dimmed mentioned in a witness statement somewhere?
It was only yesterday that the discussion about the noises in the night from the showground - WSers was contemplating a similar scenario.
louisepiglet
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I am still catching up after work but I am wondering how he knew he would have to rush around getting lunches etc.How did he know Allison wasn't going to walk in any second and take over.
Janeumayer
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My thoughts, due to the fact that I suffer from depression, are that Alllison was very incapacitated prior to her third pregnancy. But seemed to pick up her pieces after the birth. In fact, it seems Gerard was a little afraid of her towards the end. It's a shame Allison couldn't defend herself against this maniac. MOO
laserdisc10
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The depression angle's been blown out of all proportion, imo
She wasn't hospitalized or institutionalized
Neither Allison's mother or GBC's mother had to take over
And when questioned at 8 a.m. on the morning Allison allegedly went missing, GBC told the police that Allison wouldn't hurt herself and her medication was low to zero
Defence is empty, has nothing and had nothing from the start. They've hammered the depression angle all the way through because they have absolutely nothing else
Allison wasn't alcoholic. She wasn't addicted to recreational drugs. She didn't have lovers. She wasn't violent. She didn't neglect the children. She didn't spend to excess or run up debts
All the defence has to throw against her is this tiresome depression angle
Alison didn't crash cars.. Alison didn't defraud people. Alison didn't have a run down house. Alisons children were supported by her at their school, at their ballet. Alison maintained her relationships with her friends and family, and even his family, no easy task.
Alison was prepared to set off to that seminar , with $ 20 in her account. Hardly enough for a cup of coffee and a sandwich, and not deterred by that factor..
myself... I wouldn't step outside the house under those circumstances..
Alison was prepared to set off to that seminar , with $ 20 in her account. Hardly enough for a cup of coffee and a sandwich, and not deterred by that factor..
myself... I wouldn't step outside the house under those circumstances..
Questionable?
laserdisc10
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This is the thing -- I don't know. Maybe it wasn't firmed-up by the prosecution -- I don't know
Imo, prosecution needs to firm it up asap. Looks as if defence is subtly inferring TM could be a factor in Allison's murder. Prosecution should be heading defence off at the pass at first opportunity and getting the focus right back on GBC
louisepiglet
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The jury may not have heard everything we have but they have heard all the important details IMO
1. Scratches on face
2. Ongoing affairs
3. Extreme financial problems
4. Allisons blood in car.
5. Time running out for insurance.
6. Promise to TM about being with her by 1 July.
7. More concerned with talking to lawyers and seeing doctors rather than searching for his missing wife.
8. Distance to Kholo Creek
9. Allisons phone missing.
10. GBCs phone placed back on charger when he is supposedly asleep.
This all might be circumstantial evidence. But there is a lot of it. I think it is unreasonable to think that all this evidence occurs at the same time.
1. Scratches on face
2. Ongoing affairs
3. Extreme financial problems
4. Allisons blood in car.
5. Time running out for insurance.
6. Promise to TM about being with her by 1 July.
7. More concerned with talking to lawyers and seeing doctors rather than searching for his missing wife.
8. Distance to Kholo Creek
9. Allisons phone missing.
10. GBCs phone placed back on charger when he is supposedly asleep.
This all might be circumstantial evidence. But there is a lot of it. I think it is unreasonable to think that all this evidence occurs at the same time.
What's with her police-mobile?
laserdisc10
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No idea. Haven't heard anything about it
do you mean her being escorted to court in a police vehicle?? .. as in.. police, mobile?
laserdisc10
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Glad you asked the question, Trooper. I was wondering if she had a mobile phone tuned to the police channel
Yes
Sorry - I said it as in Pope-mobile
TM brought in to Hearing and Trial behind protective glass.
Accommodated also at taxpayers expense?
I dunno. I have my thoughts but am more interested in the thoughts of WS veterans I guess.
FigTree
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If your catching up Day 12 (this thread) ...
These are a collection of posts from this (day 12) thread, posted by WS Awesome Tweet & MSM gathers.
I have tried to place them in order - if it needs an edit - let me know.
-----------
10:44am: About this time Mr Baden-Clay developed a friendship with his then-employee Toni Cheri McHugh.
"We became a bit closer," he said.
"We started a physical relationship that I think for both of us was purely for that at the end of August 2008.
"Business was going great, just brought in two business partners, but I umm, I wasn't, I didn't have any physical intimacy and we started our relationship."
"It started one night in the office when we were both working back and I would have gone back to the office ... and on a couple of occasions we actually met up and had a tryst, I suppose, in my car, which was the Prado, [named] Snowy."
The affair was volatile. The pair would break up for weeks and months and a time.
"But we would always recommence," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364xkhTSO
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10:52am: Mr Baden-Clay said he eventually told Ms McHugh there was no future for them. He said he tried to break off the affair numerous times.
"There wasn't a future for us together ... and if there wasn't a future for us then there wasn't a point continuing," he said.
"Typically, that was the basis of the conversation. She would always get very upset about that. She was a bit more of a volatile personality. She would get very angry and agitated about that. And as I say sometimes I could hold out against that for days or a week, sometimes for longer."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364zFYYwd
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10:55am: "Why were in the affair with Toni McHugh," Mr Baden-Clay's defence counsel Michael Byrne QC asked.
"Primarily for the physical intimacy. I was flattered at the outset because she looked up to me as a boss and I was getting acknowledgement and appreciation, which I hadn't really experienced before," Mr Baden-Clay replied.
He said he was able to "compartmentalise the physical from everything else" and continue to work on his marriage with Allison.
"Aside from the physical relationship we were having challenges in our relationship which we were trying to work through," he said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364zvjqQJ
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He said it was over the ensuing years that he tried to break off with Toni on numerous occasions.
Sometimes we were successful for days, sometimes for a month of two but we always ended up recommencing that physical relationship, he said.
Baden-Clay said he was concerned when he learned Ms McHugh had ended her marriage.
For me it was just a physical relationship and I didnt want it to be any more, he said.
As time went on, she wanted me to divorce Allison and start a life with her. I told her categorically that I would not do that, that my loyalty, it doesnt feel right using that word, but my loyalty was to Allison and my children and I didnt want to jeopardise that.
The accused said it would have been towards the end of 2008 and the beginning of 2009 when they had that conversation.
He said it was a recurrent theme in the affair.
The thing that made the relationship particularly awkward was that Toni worked in the business and she was quite a successful sales person as well, he said.
She was a bit more volatile with her moods and that sort of thing and I was very concerned of the impact it might have on the business if we separated permanently and Toni wasnt happy about that.
Baden-Clay said Ms McHugh pushed for things and I would say whatever she wanted to hear.
It was always me, he said of trying to break off the affair.
http://www.couriermail.com.au/news/q...-1226971633938
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Typically it would be me saying to Toni there wasnt a future for us together because I was not going to leave Allison and the children and if there was no future, there was no reason continuing now.
Baden-Clay said he was in the affair primarily for the physical intimacy, certainly I was flattered at the outset because she looked up to me as a boss, I was getting acknowledgement and appreciation which I hadnt experienced before.
But really it was for the physical intimacy, he said.
The accused said he attended counselling with his wife, Allison.
Aside from the physical relationship we were having challenges in our marriage that we were trying to work through because we wanted it to work, he said.
He said they saw a counsellor recommended to them by their psychiatrist, Dr Tom George.
Baden-Clay said he never revealed that he was having affair because he was ashamed.
I hoped to be able to end it and that would be something in our past that I would never have to deal with and wed be able to move on, he said.
He said his wife did not find the counsellor constructive because she felt the woman they were seeing was taking my side.
Baden-Clay said his wife spoke to another psychologist, a man, and arranged for him to meet them.
Allison for years as part of her affirmations and that sort of thing would keep telling herself Im not depressed, Im not depressed and that was an affirmation she kept reiterating to herself, he said.
http://www.couriermail.com.au/news/q...-1226971633938
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12:03pm: "Moving back to 2010, going into 2011, were you at that time still having an affair with Ms McHugh?" defence counsel Michael Byrne QC asked.
Mr Baden-Clay replied: "Yes I was."
Mr Byrne: "Did you attend a conference in Sydney?"
Mr Baden-Clay: "Yes I did."
Mr Byrne: "Did you have a liaison with another person?"
Mr Baden-Clay: "Yes I did ... I was going to a conference in Sydney for the weekend."
He said he met a woman with whom he had previously worked.
"We got together for a physical relationship on that weekend," Mr Baden-Clay said.
Mr Byrne asked: "Who was that person?"
Mr Baden-Clay replied: "Jackie Crane."
Mr Byrne: "How long did that last?"
Mr Baden-Clay: "That was the only time that we actually had sex."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365H2oT6o
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12:05pm: Mr Baden-Clay said he confessed to having the affair with Ms McHugh to his business partners Mr Broome and Ms Frost.
"There were times I was sleeping with Toni for the sake of the business. I didn't want her to leave the business and I didn't want her to cause any dramas should the relationship end," Mr Baden-Clay said.
"Did that get back to Toni?" Mr Byrne asked.
"Yes it did," Mr Baden-Clay replied.
"She was quite justifiably very unhappy about that and in fact I think at that time we were, the relationship, the affair was in some sort of a hiatus and we got back together for the sake of the business."
"So after that you and Toni got back into a physical relationship?" Mr Byrne said.
"Yes," Mr Baden-Clay replied.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365HXNnfu
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12:11pm: Mr Baden-Clay has broken down in the witness box for the fourth time today recounting the day Allison discovered his affair with Ms McHugh.
The pair met in the car park of a McDonald's restaurant at Indooroopilly.
"She didn't yell, shout or scream. That's just not Al. She got out of the car. She was just shaking her head. She got out of the car and she sat on the little concrete curb thing next to the little gardens then and I got out and came round and sat next to her and there wasn't much said. She was just shaking her head, had her head in her hands," Mr Baden-Clay said, sobbing.
He removed his glasses and wiped tears from his eyes.
"She might have been feeling physically ill. I'm not sure ... but I think that's why she got out of her car," Mr Baden-Clay said.
"She said, 'Do you love her?'
"I said, 'No'.
"She said, 'You need to make a choice.'
"And it was just an absolute no brainer for me.
"I think I may have even said, 'There is no choice I want to be with you and the girls.'
"And she said, "You need to end it now and I dont want her ever coming back to the business.'
"And I agreed."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365JwqRNT
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12:16pm: Mr Baden-Clay said he visited Ms McHugh at her apartment in St Lucia to break off their affair.
He said Ms McHugh did not take the news well.
"She yelled ... called me names ... threw things at me," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365L69vRN
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12:24pm: Meanwhile, Ms McHugh was struggling.
She and Mr Baden-Clay met shortly before Christmas at a Taringa coffee shop.
"She asked me if I loved her, she was very fragile, I could tell. I told her I did ... but I didn't," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365MZxrVJ
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12.45pm: Gerard Baden-Clay told the jury Toni McHugh texted him numerous times, all of which Allison saw and tried to phone him in the months after the affair ended.
He said he had contact with Ms McHugh because he heard she was really struggling.
I felt a great deal of responsibility for that and it was around Christmas time when I just thought at that time of year, I wanted her to know that I didnt hate her and to apologise for want of a better description, so I contacted her, he said.
Baden-Clay said he met Ms McHugh at a Taringa coffee shop.
He said she was fragile and asked him if he loved her.
I told her I didnt and I was sorry, but I didnt, he said.
The accused said Ms McHugh went to work at Re-Max with Jocelyn Frost, then to Ray White at Toowong.
Toni was struggling, she didnt like what she was doing, she reported to me on one of those occasions that shed had an anxiety attack when she was at work and passed out in the toilets there and I was obviously concerned about her, he said.
Baden-Clay said he met Ms McHugh on a couple of occasions and at least twice, they had sex.
He said the last time he saw Ms McHugh would have been in March, 2012.
The accused said they last had physical contact in February or even January of that year.
I never called her, she only ever called me. If she called me, after the phone call, I would delete the history of that call from my phone record. There were no text messages and thats when we used that other email account that I had that Allison didnt know about, he said.
Baden-Clay said the Bruce Overland account was a dummy email account he sent up with Phil Broom when they were establishing the business.
He said the business was sublet to another tenant to help reduce costs.
http://www.couriermail.com.au/news/q...-1226971633938
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12:55pm: Mr Baden-Clay said he was trying to distance himself from Ms McHugh at that time.
"I was doing my best to distance myself from Toni. I wasn't calling her. I was responding to emails that she sent and answering the phone when she called. She would call usually at about 4.30/5 o'clock in the afternoon, because she knew Allison would be at home, or looking after the children," he said.
"She was wanting to reconnect and for me to leave Allison and build a life with her. That's what she wanted."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365UQhUi0
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12:58pm: Defence counsel Michael Byrne QC has shown the court an email from Ms McHugh to Mr Baden-Clay on Februrary 20, 2012, to his account under the name of Bruce Overland.
Mr Byrne asked Mr Baden-Clay to put the email in context.
"At the time I was doing my best to help her find something other than me to be fixated upon ... and to distance myself from her," Mr Baden-Clay said.
"She wasn't happy at work ... she had been happy when she was working with me but that wasn't a possibility, that was never going to happen.
"I was trying to explore with her, what were her passions, what was she interested in."
He said she encourage him to find work as a teacher at international school in Dubai or Singapore.
"I was just trying to, trying to, encourage her to find something else that would make her happy and would make her additionally, preferably, go away," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365VCGGNF
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1:00pm: "Whilst I was trying to distance myself, because of her [Ms McHugh's] volatile personality - that [is] sort of expressed a little bit here - ummm, in my weakness I tended to roll over and say whatever she wanted to hear and I think this is an indication here of that fact that she understood that I really did love Allison and I did want to commit to her and the girls and I wasn't going to be doing that with her," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365VR8c2u
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1.05pm: Baden-Clay said he anticipated he and his wife Allison would go in to the counselling session together on Monday April 16, 2012.
He said he filled in a form about himself before going into the room with Carmel Ritchie by himself.
Baden-Clay said Ms Ritchie told him she wanted to have an opportunity to find out about him, as she had with his wife.
He said he was taken aback that he had to go to the room by himself, when he thought it would be a couples session.
I really felt a connection to her we talked about the affair with Toni (McHugh) and she expressed her view that it would be useful for Allison to be able to express her feelings and ask any questions that she wanted to, about details of the relationship, in order to recover from it, he said.
Baden-Clay said he was resistant, at first, because he didnt think it would he helpful.
Whenever she did that she seemed to regress and it seemed to me quite strange but what Carmel further explained to me was it wasnt an anytime, anywhere, anything type of thing but she recommended a structured, setting aside of 10 or 15 minutes every second night, he said.
The accused said his job was just to listen to any feelings his wife had about the affair.
http://www.couriermail.com.au/news/q...-1226971633938
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2:50pm: Defence counsel Michael Byrne has continued questioning Gerard Baden-Clay about emails between him and his long-time mistress Toni McHugh.
Mr Byrne showed the court the email Mr Baden-Clay sent to Ms McHugh on April 11, 2012, telling her he loved her.
The email read: "This is agony for me too. I love you. I'm sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you GM."
The court has previously heard the lovers called each other GG for "Gorgeous Girl" and GM for "Gorgeous Man".
Mr Baden-Clay said he wrote the email in an attempt to placate Ms McHugh who was demanding he leave his wife to be with her.
Mr Baden-Clay insisted he never had any intention to leave his wife.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365xchzxe
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3:00pm: Mr Baden-Clay has recalled the night he and his wife discussed his affair as they had been advised to do by marriage counsellor Carmel Ritchie.
The couple drove to the Mt Coot-tha Lookout on April 18, 2012, while Mr Baden-Clay's parents sat with the children.
He said his wife asked him about his dates with Ms McHugh.
"I responded to each of those questions," Mr Baden-Clay said.
"Did we drive together? We did drive together. We would go in Toni's car, because it was less conspicuous. Did you have dinner? One occasion Were we scared of being seen. I was terrified of being seen. Did we kiss and hug? We never showed any physical affection in public."
The court has previously seen the questions Mrs Baden-Clay asked her husband that night which she had written in her journal.
Two days later Mr Baden-Clay reported his wife missing.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz365zVVfXv
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3.15pm: Supreme Court Justice John Byrne has told the jury he is asking for an investigation into an incident that took place over the lunch break involving a journalist and a juror.
I thank you for drawing it to my attention straight away you have done the right thing in doing so, he said.
The trial then continued.
Gerard Baden-Clay continued to tell the jury about an email from Toni McHugh to his Bruce Overland account on February 20, 2012.
He said he was braver in his dealings with Ms McHugh when they were not face to face.
The jury was shown an email from Ms McHugh to the accused on March 27, 2012.
Baden-Clay said it was an example of Ms McHugh applying pressure and encouraging him to leave his wife.
He said he gave Ms McHugh a date of July 1, 2012.
When we would be together, Toni and I would be together, that was what Toni was asking: when are we going to be together?, he said.
But Baden-Clay said he wanted Ms McHugh to leave him.
In her eyes, I had ended everything with her, when Allison found out about the affair and she was very much the person who was left without a choice in the matter and I felt she would probably be able to get on with her life better and be able to move on if she were making the decision to leave me, he said.
http://www.couriermail.com.au/news/q...-1226971633938
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4:08pm: Mr Baden-Clay said two police officers arrived at his house soon after he called triple-0 to report his wife missing.
He said he answered their questions frankly, even telling them about his long-time affair with Ms McHugh.
"I just wanted them to find Al ... so whatever they asked I helped them with. At that stage, no one in our family was aware of the infidelity and I think I asked Dad to leave the room at that point and I told them I'd had the affair with Toni in the past," he said.
"I couldn't understand why it might assist them, but they asked me the question and I told them the truth.
"I half expected Allison to walk in the door at any moment, or to get a call that she'd been found and was fine."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz366H2bf75
-----
These are a collection of posts from this (day 12) thread, posted by WS Awesome Tweet & MSM gathers.
I have tried to place them in order - if it needs an edit - let me know.
-----------
10:44am: About this time Mr Baden-Clay developed a friendship with his then-employee Toni Cheri McHugh.
"We became a bit closer," he said.
"We started a physical relationship that I think for both of us was purely for that at the end of August 2008.
"Business was going great, just brought in two business partners, but I umm, I wasn't, I didn't have any physical intimacy and we started our relationship."
"It started one night in the office when we were both working back and I would have gone back to the office ... and on a couple of occasions we actually met up and had a tryst, I suppose, in my car, which was the Prado, [named] Snowy."
The affair was volatile. The pair would break up for weeks and months and a time.
"But we would always recommence," Mr Baden-Clay said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364xkhTSO
-----
10:52am: Mr Baden-Clay said he eventually told Ms McHugh there was no future for them. He said he tried to break off the affair numerous times.
"There wasn't a future for us together ... and if there wasn't a future for us then there wasn't a point continuing," he said.
"Typically, that was the basis of the conversation. She would always get very upset about that. She was a bit more of a volatile personality. She would get very angry and agitated about that. And as I say sometimes I could hold out against that for days or a week, sometimes for longer."
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364zFYYwd
----
10:55am: "Why were in the affair with Toni McHugh," Mr Baden-Clay's defence counsel Michael Byrne QC asked.
"Primarily for the physical intimacy. I was flattered at the outset because she looked up to me as a boss and I was getting acknowledgement and appreciation, which I hadn't really experienced before," Mr Baden-Clay replied.
He said he was able to "compartmentalise the physical from everything else" and continue to work on his marriage with Allison.
"Aside from the physical relationship we were having challenges in our relationship which we were trying to work through," he said.
Read more: http://www.brisbanetimes.com.au/quee...#ixzz364zvjqQJ
-----
He said it was over the ensuing years that he tried to break off with Toni on numerous occasions.
Sometimes we were successful for days, sometimes for a month of two but we always ended up recommencing that physical relationship, he said.
Baden-Clay said he was concerned when he learned Ms McHugh had ended her marriage.
For me it was just a physical relationship and I didnt want it to be any more, he said.
As time went on, she wanted me to divorce Allison and start a life with her. I told her categorically that I would not do that, that my loyalty, it doesnt feel right using that word, but my loyalty was to Allison and my children and I didnt want to jeopardise that.
The accused said it would have been towards the end of 2008 and the beginning of 2009 when they had that conversation.
He said it was a recurrent theme in the affair.
The thing that made the relationship particularly awkward was that Toni worked in the business and she was quite a successful sales person as well, he said.
She was a bit more volatile with her moods and that sort of thing and I was very concerned of the impact it might have on the business if we separated permanently and Toni wasnt happy about that.
Baden-Clay said Ms McHugh pushed for things and I would say whatever she wanted to hear.
It was always me, he said of trying to break off the affair.
http://www.couriermail.com.au/news/q...-1226971633938
-----
Typically it would be me saying to Toni there wasnt a future for us together because I was not going to leave Allison and the children and if there was no future, there was no reason continuing now.
Baden-Clay said he was in the affair primarily for the physical intimacy, certainly I was flattered at the outset because she looked up to me as a boss, I was getting acknowledgement and appreciation which I hadnt experienced before.
But really it was for the physical intimacy, he said.
The accused said he attended counselling with his wife, Allison.
Aside from the physical relationship we were having challenges in our marriage that we were trying to work through because we wanted it to work, he said.
He said they saw a counsellor recommended to them by their psychiatrist, Dr Tom George.
Baden-Clay said he never revealed that he was having affair because he was ashamed.
I hoped to be able to end it and that would be something in our past that I would never have to deal with and wed be able to move on, he said.
He said his wife did not find the counsellor constructive because she felt the woman they were seeing was taking my side.
Baden-Clay said his wife spoke to another psychologist, a man, and arranged for him to meet them.
Allison for years as part of her affirmations and that sort of thing would keep telling herself Im not depressed, Im not depressed and that was an affirmation she kept reiterating to herself, he said.
http://www.couriermail.com.au/news/q...-1226971633938
-----
12:03pm: "Moving back to 2010, going into 2011, were you at that time still having an affair with Ms McHugh?" defence counsel Michael Byrne QC asked.
Mr Baden-Clay replied: "Yes I was."
Mr Byrne: "Did you attend a conference in Sydney?"
Mr Baden-Clay: "Yes I did."
Mr Byrne: "Did you have a liaison with another person?"
Mr Baden-Clay: "Yes I did ... I was going to a conference in Sydney for the weekend."
He said he met a woman with whom he had previously worked.
"We got together for a physical relationship on that weekend," Mr Baden-Clay said.
Mr Byrne asked: "Who was that person?"
Mr Baden-Clay replied: "Jackie Crane."
Mr Byrne: "How long did that last?"
Mr Baden-Clay: "That was the only time that we actually had sex."
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12:05pm: Mr Baden-Clay said he confessed to having the affair with Ms McHugh to his business partners Mr Broome and Ms Frost.
"There were times I was sleeping with Toni for the sake of the business. I didn't want her to leave the business and I didn't want her to cause any dramas should the relationship end," Mr Baden-Clay said.
"Did that get back to Toni?" Mr Byrne asked.
"Yes it did," Mr Baden-Clay replied.
"She was quite justifiably very unhappy about that and in fact I think at that time we were, the relationship, the affair was in some sort of a hiatus and we got back together for the sake of the business."
"So after that you and Toni got back into a physical relationship?" Mr Byrne said.
"Yes," Mr Baden-Clay replied.
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12:11pm: Mr Baden-Clay has broken down in the witness box for the fourth time today recounting the day Allison discovered his affair with Ms McHugh.
The pair met in the car park of a McDonald's restaurant at Indooroopilly.
"She didn't yell, shout or scream. That's just not Al. She got out of the car. She was just shaking her head. She got out of the car and she sat on the little concrete curb thing next to the little gardens then and I got out and came round and sat next to her and there wasn't much said. She was just shaking her head, had her head in her hands," Mr Baden-Clay said, sobbing.
He removed his glasses and wiped tears from his eyes.
"She might have been feeling physically ill. I'm not sure ... but I think that's why she got out of her car," Mr Baden-Clay said.
"She said, 'Do you love her?'
"I said, 'No'.
"She said, 'You need to make a choice.'
"And it was just an absolute no brainer for me.
"I think I may have even said, 'There is no choice I want to be with you and the girls.'
"And she said, "You need to end it now and I dont want her ever coming back to the business.'
"And I agreed."
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12:16pm: Mr Baden-Clay said he visited Ms McHugh at her apartment in St Lucia to break off their affair.
He said Ms McHugh did not take the news well.
"She yelled ... called me names ... threw things at me," Mr Baden-Clay said.
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12:24pm: Meanwhile, Ms McHugh was struggling.
She and Mr Baden-Clay met shortly before Christmas at a Taringa coffee shop.
"She asked me if I loved her, she was very fragile, I could tell. I told her I did ... but I didn't," Mr Baden-Clay said.
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12.45pm: Gerard Baden-Clay told the jury Toni McHugh texted him numerous times, all of which Allison saw and tried to phone him in the months after the affair ended.
He said he had contact with Ms McHugh because he heard she was really struggling.
I felt a great deal of responsibility for that and it was around Christmas time when I just thought at that time of year, I wanted her to know that I didnt hate her and to apologise for want of a better description, so I contacted her, he said.
Baden-Clay said he met Ms McHugh at a Taringa coffee shop.
He said she was fragile and asked him if he loved her.
I told her I didnt and I was sorry, but I didnt, he said.
The accused said Ms McHugh went to work at Re-Max with Jocelyn Frost, then to Ray White at Toowong.
Toni was struggling, she didnt like what she was doing, she reported to me on one of those occasions that shed had an anxiety attack when she was at work and passed out in the toilets there and I was obviously concerned about her, he said.
Baden-Clay said he met Ms McHugh on a couple of occasions and at least twice, they had sex.
He said the last time he saw Ms McHugh would have been in March, 2012.
The accused said they last had physical contact in February or even January of that year.
I never called her, she only ever called me. If she called me, after the phone call, I would delete the history of that call from my phone record. There were no text messages and thats when we used that other email account that I had that Allison didnt know about, he said.
Baden-Clay said the Bruce Overland account was a dummy email account he sent up with Phil Broom when they were establishing the business.
He said the business was sublet to another tenant to help reduce costs.
http://www.couriermail.com.au/news/q...-1226971633938
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12:55pm: Mr Baden-Clay said he was trying to distance himself from Ms McHugh at that time.
"I was doing my best to distance myself from Toni. I wasn't calling her. I was responding to emails that she sent and answering the phone when she called. She would call usually at about 4.30/5 o'clock in the afternoon, because she knew Allison would be at home, or looking after the children," he said.
"She was wanting to reconnect and for me to leave Allison and build a life with her. That's what she wanted."
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12:58pm: Defence counsel Michael Byrne QC has shown the court an email from Ms McHugh to Mr Baden-Clay on Februrary 20, 2012, to his account under the name of Bruce Overland.
Mr Byrne asked Mr Baden-Clay to put the email in context.
"At the time I was doing my best to help her find something other than me to be fixated upon ... and to distance myself from her," Mr Baden-Clay said.
"She wasn't happy at work ... she had been happy when she was working with me but that wasn't a possibility, that was never going to happen.
"I was trying to explore with her, what were her passions, what was she interested in."
He said she encourage him to find work as a teacher at international school in Dubai or Singapore.
"I was just trying to, trying to, encourage her to find something else that would make her happy and would make her additionally, preferably, go away," Mr Baden-Clay said.
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1:00pm: "Whilst I was trying to distance myself, because of her [Ms McHugh's] volatile personality - that [is] sort of expressed a little bit here - ummm, in my weakness I tended to roll over and say whatever she wanted to hear and I think this is an indication here of that fact that she understood that I really did love Allison and I did want to commit to her and the girls and I wasn't going to be doing that with her," Mr Baden-Clay said.
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1.05pm: Baden-Clay said he anticipated he and his wife Allison would go in to the counselling session together on Monday April 16, 2012.
He said he filled in a form about himself before going into the room with Carmel Ritchie by himself.
Baden-Clay said Ms Ritchie told him she wanted to have an opportunity to find out about him, as she had with his wife.
He said he was taken aback that he had to go to the room by himself, when he thought it would be a couples session.
I really felt a connection to her we talked about the affair with Toni (McHugh) and she expressed her view that it would be useful for Allison to be able to express her feelings and ask any questions that she wanted to, about details of the relationship, in order to recover from it, he said.
Baden-Clay said he was resistant, at first, because he didnt think it would he helpful.
Whenever she did that she seemed to regress and it seemed to me quite strange but what Carmel further explained to me was it wasnt an anytime, anywhere, anything type of thing but she recommended a structured, setting aside of 10 or 15 minutes every second night, he said.
The accused said his job was just to listen to any feelings his wife had about the affair.
http://www.couriermail.com.au/news/q...-1226971633938
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2:50pm: Defence counsel Michael Byrne has continued questioning Gerard Baden-Clay about emails between him and his long-time mistress Toni McHugh.
Mr Byrne showed the court the email Mr Baden-Clay sent to Ms McHugh on April 11, 2012, telling her he loved her.
The email read: "This is agony for me too. I love you. I'm sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you GM."
The court has previously heard the lovers called each other GG for "Gorgeous Girl" and GM for "Gorgeous Man".
Mr Baden-Clay said he wrote the email in an attempt to placate Ms McHugh who was demanding he leave his wife to be with her.
Mr Baden-Clay insisted he never had any intention to leave his wife.
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3:00pm: Mr Baden-Clay has recalled the night he and his wife discussed his affair as they had been advised to do by marriage counsellor Carmel Ritchie.
The couple drove to the Mt Coot-tha Lookout on April 18, 2012, while Mr Baden-Clay's parents sat with the children.
He said his wife asked him about his dates with Ms McHugh.
"I responded to each of those questions," Mr Baden-Clay said.
"Did we drive together? We did drive together. We would go in Toni's car, because it was less conspicuous. Did you have dinner? One occasion Were we scared of being seen. I was terrified of being seen. Did we kiss and hug? We never showed any physical affection in public."
The court has previously seen the questions Mrs Baden-Clay asked her husband that night which she had written in her journal.
Two days later Mr Baden-Clay reported his wife missing.
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3.15pm: Supreme Court Justice John Byrne has told the jury he is asking for an investigation into an incident that took place over the lunch break involving a journalist and a juror.
I thank you for drawing it to my attention straight away you have done the right thing in doing so, he said.
The trial then continued.
Gerard Baden-Clay continued to tell the jury about an email from Toni McHugh to his Bruce Overland account on February 20, 2012.
He said he was braver in his dealings with Ms McHugh when they were not face to face.
The jury was shown an email from Ms McHugh to the accused on March 27, 2012.
Baden-Clay said it was an example of Ms McHugh applying pressure and encouraging him to leave his wife.
He said he gave Ms McHugh a date of July 1, 2012.
When we would be together, Toni and I would be together, that was what Toni was asking: when are we going to be together?, he said.
But Baden-Clay said he wanted Ms McHugh to leave him.
In her eyes, I had ended everything with her, when Allison found out about the affair and she was very much the person who was left without a choice in the matter and I felt she would probably be able to get on with her life better and be able to move on if she were making the decision to leave me, he said.
http://www.couriermail.com.au/news/q...-1226971633938
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4:08pm: Mr Baden-Clay said two police officers arrived at his house soon after he called triple-0 to report his wife missing.
He said he answered their questions frankly, even telling them about his long-time affair with Ms McHugh.
"I just wanted them to find Al ... so whatever they asked I helped them with. At that stage, no one in our family was aware of the infidelity and I think I asked Dad to leave the room at that point and I told them I'd had the affair with Toni in the past," he said.
"I couldn't understand why it might assist them, but they asked me the question and I told them the truth.
"I half expected Allison to walk in the door at any moment, or to get a call that she'd been found and was fine."
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well. assuming that's what you are referring to, Consider.. it makes good sense for her to be escorted to court... by the police.. She was the Prosecution witness, and a very dicey one, too. Part of it would be to make sure she actually got there, and was escorted there as a sort of spine stiffener.. .
Part of it would be for security.. its not unknown for a certain section of the community to hurl an egg at a witness.. . its not usual, but its not an improbability, and also as protection from the press..
if you didn't mean that, well. heh.. I typed it up for nuffin!!.
Part of it would be for security.. its not unknown for a certain section of the community to hurl an egg at a witness.. . its not usual, but its not an improbability, and also as protection from the press..
if you didn't mean that, well. heh.. I typed it up for nuffin!!.
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