The Crown v Gerard Baden-Clay, 7th July - Trial Day 15

[BatWoman]

I skipped big chunks today to avoid a few chunks of my own, I was hoping we'd have the prosecution by now. Maybe I should seriously contemplate going to court tomorrow while i'm in town.

 

[Amee]

3:09pm: The court has again been shown a time-lapse video depicting the rising and falling tide in Kholo Creek.

The video shows large debris being washed against the banks.

The defence has suggested Mrs Baden-Clay's was washed up on the muddy bank after she took her own life at the Kholo Creek bridge. :furious:

Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36l0g0Zav

 

[Thinking]

I wouldn't say sticking to an implausible story because you can't wear a paper bag over your head while the police investigate is anything to shout about.

:floorlaugh:

 

[bellgirl]

3:13pm: Mr Byrne has turned his attention to the injuries which appeared on Mr Baden-Clay's face on the morning he reported his wife missing.

"[He] never made any attempt to conceal the marks on his face," Mr Byrne said.

"He was the one who called police to his home on the morning of the 20th of April. His face was there for all to see. There was no attempt to conceal it."

Mr Baden-Clay dismissed the two abrasions on his right cheek as shaving cuts. But four forensic experts, who testified at the trial, said the abrasions were more consistent with fingernail scratches.

Mr Byrne said Mr Baden-Clay explained the two shaving cuts in an "open and candid fashion". He said Mr Baden-Clay's explanation remained consistent throughout the police investigation into his wife's disappearance and the trial.

"What is abundantly clear is that clearly Gerard Baden-Clay was not concerned about those marks. He never gave an alternate explanation," he said.


Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36kykrKne

He tried concealing them with a bandaid!

 

[JK673]

Kate Kyriacou @KateKyriacou · 20s
We're back. Byrne is talking again about the evidence of Dr Margaret Stark. #badenclay

 

[JK673]

Kate Kyriacou @KateKyriacou · 7s
Byrne says Dr Stark was careful in her report not to say they were fingernail scratches, just that they were typical of them. #badenclay

TYPICAL = MOST LIKELY

 

[they'll get you]

Bullmanure. What was the beard then?

And the phone sutured to he right cheek.

 

[Amee]

3.15pm: Barrister Michael Byrne QC, for the accused, continued his closing address to the jury.

He said insurance policies were taken out in respect of Allison and Gerard Baden-Clay.

Mr Byrne said Baden-Clay’s policy was substantially larger than his wife’s, because of his business background, and it was appropriate they had insurance with three young children.

He said Nigel Baden-Clay, the accused’s father, had a work history in the insurance industry.

Mr Byrne said Mr Baden-Clay Sr arranged the life insurance policies for his son and daughter-in-law.

He said Mr Baden-Clay Sr that upon finding out about Ms Baden-Clay’s body being found, he told his son he had an obligation to notify the insurance company as soon as it became obvious a person was deceased.

Mr Byrne said Mr Baden-Clay Sr arranged the paperwork on his son’s behalf because of his “background and experience” in the industry.

He said Ms McHugh knew Mr Baden-Clay Sr and he had once recommended that she take out a life insurance policy.

Mr Byrne took the jury to evidence about leaves and plants on Ms Baden-Clay’s body.

He said a botanist, Dr Gordon Guymer, looked at Kholo Creek and surveyed plants found in and around the house at Brookfield Rd.

Mr Byrne said the botanist found Cat’s Claw Creeper leaves of different ages, as well as Fishbone Fern fronds that appeared to be a mixture of old, fallen leaves and fresh leaves.

He said with respect to the Lillypilly leaf that was found, it appeared to be freshly fallen.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605

 

[Freya1977]

David Murray ‏@TheMurrayD 56s
Forensics expert Dr Stark said marks were typical of fingernail scratches but could be another explanation - defence #badenclay

 

[Amee]

Mr Byrne said the botanist found Crepe Myrtle, Cat’s Claw Creeper and Fishbone Fern in the nearby area by doing a survey from the road.

He said the botanist agreed with the proposition that plants and leaf material could flow down waterways, such as Kholo Creek.

Mr Byrne said Dr Guymer seemed to recall Kholo Creek as being a slow moving waterway.

He urged the jury to assess the time-lapse video tendered by the defence counsel which showed the creek’s tidal movements and debris floating in it.

“The movement of water up and down there is such that it explains… there was a substantial movement of water from a substantial catchment area,” he said.

Mr Byrne said the video may give the jury an explanation as to how fresh leaves were able to be found on the body some 10 days after it went missing.

He played the time-lapse video to the jury.

He told the jury to notice the amount, volume and size of the debris moved up and down Kholo Creek.

Mr Byrne pointed out a red pot plant that was deposited onto the bank and then removed again by the tide.

He said the evidence of Sen-Constable Ashley Huth was that the body was positioned below the high water mark at Kholo Creek.

Mr Byrne added that forensic pathologist Dr Nathan Milne could not exclude the possibility the body was moved by water, and pulled the jumper Ms Baden-Clay was wearing up around her neck.

He turns to the marks on the face of the accused.

Mr Byrne said Baden-Clay had never made any attempt to conceal the marks on his face or to give any explanation other than they were shaving scrapes.

“He’s the one who called the police to his home on the morning of the 20th of April,” he said.

Mr Byrne said the accused told everyone who asked what caused the marks and did so in an open and candid fashion.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605

 

[possumheart]

with a phone and/or a beard
MOO

 

[Freya1977]

Can someone take over the tweets I've been doing?

 

[Amee]

He asked the jury to consider the interview he did on April 21, 2012.

“(He tells police) These are the marks that everyone seems concerned with. What is abundantly clear from that, is that, clearly, Gerard Baden-Clay was not concerned about those marks. He never gave an alternate explanation, he always maintained they were caused when he was in a rush and using an old razor in a hurry,” he said.

Mr Byrne took the jury to the evidence of Dr Margaret Stark, a forensic physician with NSW police, who agreed a comprehensive clinical examination was “the gold standard” when assessing injuries.

He agreed Dr Stark thought the marks were caused by fingernails but reminded the jury she could not say for certain they were.

Mr Byrne said Dr Stark told the jury in evidence the only person who knew what caused the injuries was those who were present.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605

 

[samanthaj]

3:23pm: Mr Baden-Clay's sister Olivia Walton and brother Adam Baden-Clay are seated in the front row of the public gallery behind the dock.

Mr Baden-clay is seated in the dock, wearing a dark suit and blue and white striped tie, with his hands neatly folded in his lap.


Read more: http://www.brisbanetimes.com.au/que...y-15-week-5-20140707-3bhb6.html#ixzz36l1XWcG6

 

[JK673]

Kate Kyriacou @KateKyriacou · 24s
Byrne says Dr Stark said there could be another explanation. Difficult to interpret from just photos. #badenclay

Kate Kyriacou @KateKyriacou · now
Byrne is now discussing the evidence of GP Dr Candice Beaven. #badenclay

Kate Kyriacou @KateKyriacou · 9s
Dr Beaven saw Gerard and examined his injuries when he attended her clinic. #badenclay

 

[Freya1977]

Sarah Elks ‏@sarahelks 1m
"There could be another explanation (to f'nail scratches)," Byrne quotes forensic expert Margaret Stark on the #badenclay cheek injuries

David Murray ‏@TheMurrayD 1m
Dr Stark could not exclude the use of a razor blade - defence #badenclay
Medicine is not a precise science - defence #badenclay

 

[Freya1977]

Sarah Elks ‏@sarahelks 1m
Byrne reminds jury that Dr Stark said she could not exclude a razor as having caused the #badenclay cheek injuries.

David Murray ‏@TheMurrayD 34s
Dr Beaven, GP who saw Gerard on April 21, agreed marks were similar to shaving biopsy injuries - defence #badenclay

 

[Susan12]

David Murray ‏@TheMurrayD 1m
The Crown theory is the body had to be taken through that grass and mud - defence #badenclay


Leonie Mellor ‏@leoniemellor 1m
Byrne: getting body out of car, dn muddy slope, overgrown to dispose "Do you...think such a scenario is even possible"@abcnews #badenclay

Hang on hang on. That's what it was like when she was found not when she was initially put there. It rained in between.

And is *that* possible? Yes much more possible than her walking all those km and somehow killing herself as if you want to say the evidence doesn't support murder than even more so the evidence doesn't support suicide!

And them saying the blood in the car couldn't be aged.. it can be aged to within the 8 weeks they had it and GBC said she'd complained of no injury and had no injury which you would if that much blood in the new car.

 

[BreakingNews]

Im sick, Im disgusted, had no idea the Law was about lying

Ollijack, it's sad but true. The law is not about guilt or innocence. It is about how good/bad the lawyers are. How do some of them sleep at nights, especially if they know their client is as dodgy as.. Then at the end of the day, all the lawyers go for drinks together.

The law is an , to quote Oliver Twist.

 

[Camp Chair]

If I'm wrong, I'll bounce through Queen Street wearing a built-in-bra... but IMO I think GBC will be found guilty. I think the gutless so & so suffocated Allison as she slept, her breathing already hindered by cold/asthma. I think he planned to kill her. I think he laid in bed in the nights prior listening to a 'snorky' Allison trying to breath as she slept. I think he entertained the thought of 'how easy would it be....' before the night in question. I don't think GBC had the guts to attack Allison in such a way that would extinguish her life while awake & better poised to defend herself - or offer eye contact. I think it's possible the tv was going in the bedroom that night to muffle any noise. I also can't forget the sleeping mask that Constable Kellie took possession of (along with iPhone for Dummies book) from the house in Brookfield. I've wondered whether Allison wore that mask in bed sometimes to help her sleep if GBC watched late night tv in bed or had bedside lamp on reading. All JIMO and how things fall into place in my mind.