Mr Byrne said the accused spent time with Ms McHugh during the week, while he spent time with his family on the weekends.
He said Baden-Clay had not even been faithful to Ms McHugh.
“It’s not like, you might think on the evidence, that this was his grand passion. The love of his life that he would abandon his family for. To be brutally frank with you, Gerard Baden-Clay was not faithful, full stop,” he said.
He said Ms McHugh said Baden-Clay was “good at making promises” and when he told her he would be separated by July 1, 2012, she thought he was “just pulling a number out of thin air” and “didn’t believe it at all”.
Mr Byrne asked the jury if Ms McHugh did not believe Baden-Clay would leave to be with her on July 1, 2012: “How could you?”
He said Baden-Clay told Ms McHugh his wife and an employee Kate Rankin would attend a real estate conference the following day during a phone call on April 19, 2012.
Mr Byrne said Ms McHugh told the jury she felt like she had “just been played again”.
He said she told the jury it was “a symptom of an affair”.
“Gerard Baden-Clay… had no intention of leaving his wife and three young daughters for Toni McHugh,” he said.
“There was no reason to, no need to. There certainly wasn’t a sexual need, there certainly wasn’t a passion to overflow and ignite, none of those things.
“Did he kill his wife to be with Toni McHugh? Not likely.”
He said when he spoke to Ms McHugh the next day she asked him what had happened: “Did you argue?”
Mr Byrne said the accused told her no, that she had just gone missing.
He said Baden-Clay told her “quite simply, tell the truth” when she asked him what she should do.
“Ms McHugh is not a motive. She is, like the blood, an artefact: someone who was there in the background, in the wallpaper,” Mr Byrne said.
“I know it’s cruel to say something like that but that’s what the evidence paints.”
Mr Byrne said if there was no “explosion” or fraying of tempers when his wife found out about his affair with Ms McHugh in late 2011.
He said there were tears, but no raised voices.
Mr Byrne said when Baden-Clay told his mistress that same day, she threw things at him and called him a “low life
http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605