The Crown v Gerard Baden-Clay, 8th July - Trial Day 16

[frustrated detective]

David Murray ‏@TheMurrayD 45s

Gerard would not kill his wife in cold blood, temper would not explode, no history of that in his life - defence #badenclay

Byrne has emphasised this a few times now, but there is a certain personality type who are described as 'a tiger in the cellar.'

They appear mild and calm for years, but as anger builds up inside the 'tiger' eventually breaks out, and when it does ... watch out!

 

[MRSA]

No me too but Todd is, ok I am going to say it publicly, a big spunk!

I feel like I'm reading the script of an episode of Neighbours circa 1989.

 

[ford71]

I'd normally roll my eyes at all this 'spunky' talk.

Today however, I can't help but smile at you lot.

I have a good feeling about today :wink:

 

[Camp Chair]

One can easily see why Fuller is one of Queensland's top silks. He has great presence and eloquence, as well as an extremely sharp mind. IMHO he is giving a top performance in his closing address....leaving no stone unturned.

For Mr Fuller.....:candle: http://www.youtube.com/watch?v=TB7zoKYEHyA

 

[Amee]

11.45pm: Mr Fuller told the jury to look at the evidence through the eyes of Gerard Baden-Clay.

He said it had been six years since Ms Baden-Clay had her last child when Baden-Clay’s brother had a son on April 18, 2012.

Mr Fuller said Dr Tom George gave evidence that she was disappointed upon discovering her last child was not a boy, but mostly because she thought it was what her husband wanted.

He said the bridge was more than 13km away from the family home at Brookfield.

Mr Fuller said the Baden-Clay cars were at home, so she either had to walk there or was taken there by someone else.

He said the jury knew Ms Baden-Clay was a reluctant exerciser who had battled with her weight, according to a friend, “all her life”.

Mr Fuller said it was not misadventure and she had not walked there to die or deliberately negotiated her way down the mud bank.

He said no one saw Ms Baden-Clay on the morning of April 20, 2012.

Mr Fuller said that the Kholo Creek Bridge was remote, situated in bushland and even for kayakers, was not easy to access.

He said nearby houses were some distance away

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956

 

[Oz Jen]

Fuller = Poetry in Motion. Whatta guy!

 

[Amee]

“We know there is room to stop a vehicle, it doesn’t need to be on the roadway, in my submission to you,” he said.

He showed the jury two photographs of the Kholo Creek Bridge from Mt Crosby Rd at Anstead.

Mr Fuller asked the jury if a dark-coloured Holden Captiva that did not have personalised plates or was coloured white, as Baden-Clay’s Prado was, would have been less likely to have attracted attention late on April 19, 2012 or in the early hours of the morning on April 20, 2012.

He said there had been significant changes to the area around the Kholo Creek Bridge since 2012.

Mr Fuller said there was rainfall on April 27 until April 28, 2012.

He asked the jury where the mud was that would have been present on April 19, 2012.

Mr Fuller said the area leading down to the creek was vegetated.

He showed the jury a photo of underneath the Kholo Creek Bridge, a concrete arc and a steep, red earth embankment.

He said the area had changed, and been raised higher, when the jury went to look at it during the trial.

Mr Fuller said a police officer fell while walking down to retrieve Ms Baden-Clay’s body on April 30, 2012, not underneath the bridge but along the watermark below.

He showed the jury a photo of the place where the police officer fell into soft silt on the water’s edge.

“Don’t be distracted by that,” he told the jury.

Mr Fuller said Ms Baden-Clay’s body was pushed off a concrete ledge beneath the bridge and fell to where it was found.

He said there were a number of things that might help the jury come to that conclusion, including the position of her arms and legs, consistent with her being rolled or pushed off that concrete ledge above.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956

 

[Amee]

Mr Fuller said an indentation on the bank was left in the bank where Ms Baden-Clay’s body was left and still visible months later.

He said, like the police officer who sank in the silt, Ms Baden-Clay’s body had also.

He said the jury could be satisfied she did not fall or jump from the bridge, but was “thrown down there”.

“So if she didn’t fall down there or negotiate her own way down there, is there a prospect of her having drowned or died from some other cause?” he said.

“You will safely conclude she was not suicidal or in some drug-induced delirium caused by sertraline.”

Mr Fuller said forensic pathologist Dr Nathan Milne who said she would have sustained substantial injuries if she jumped from the bridge.

He said Ms Baden-Clay’s body was not submerged in water when it was found or recovered, and at best it may have lapped against her.

Mr Fuller showed the jury a projection by police which showed Ms Baden-Clay’s body was positioned beneath the bridge.

He said she could not have fallen to end up in such a position, unless the water had carried her.

Mr Fuller said Dr Milne said Ms Baden-Clay’s body did not show any signs of injury caused by debris in the water.

He said the only injury to her was one to her leg and one to her chest.

He said the defence counsel’s time-lapse video showed debris appeared to be moving a lot faster than in actual life.

“I’d ask you to look at how things float up and float down in that footage, not this constant forceful stream of flowing backwards and forwards,” he said.

Mr Fuller said Dr Milne said there were post-mortem changes in Ms Baden-Clay’s body consistent with it being in that position soon after death.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956

 

[alioop]

For Mr Fuller.....:candle: http://www.youtube.com/watch?v=TB7zoKYEHyA

And there is even a shaving scene in it with an old fashioned razor.

 

[Amee]

He said the pathologist found the top half of Ms Baden-Clay’s body was mummified, from dry air, while the bottom half, touching the mud bank, had putrefied.

He took the jury to a map of Kholo Creek which showed that even if she fell into a creek that ran into where the bridge was, she would have had to have travelled a significant distance.

Mr Fuller showed the jury the high and low tides at Kholo Creek in April, 2012.

He said the evidence of hydrologist Martin Giles was that the tide height at the time would have fallen below the 1.5m mark.

Mr Fuller argued Ms Baden-Clay’s body was found on that mark.

He said Mr Giles projected the most extreme projection following rainfall showed the water mark only just went over the 1.5m mark at the relevant time.

Mr Fuller told the jury to look closely at the foliage line around Ms Baden-Clay’s body, which he said was consistent with the tide lapping around her body on the bank of Kholo Creek.

He said Dr Milne found the decomposition of the body was so significant if affected his examination.

Mr Fuller said Dr Milne had no evidence to exclude that Ms Baden-Clay drowned, given that she was found on a bank of water.

He said if Ms Baden-Clay’s body was not so decomposed, he may have been able to exclude it as a possibility.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956

 

[Forensics]

Yep, unlike when he cross examined gerard, he's methodically covering it all, piece by piece, making all those dots on the screen turn into a full high definition picture. :loveyou:

Yes exactly!! His methodology back then was to catch Gerald out - by chopping and changing his questioning...a common tactic in cross examination. The closing address, on the other hand, needs to tie everything together ....as you so aptly say ...in high definition.

 

[alioop]

For Mr Fuller.....:candle: http://www.youtube.com/watch?v=TB7zoKYEHyA

And there is even a shaving scene in it with an old fashioned razor.

 

[Smegal]

:blushing::blushing::blushing::blushing: Freudian slip. I hope didn't offend anyone!

 

[Amee]

11:44am: The court has adjourned for a 15 minute morning tea break.



11:40am: Mr Baden-Clay is leaning back in his chair in the dock, writing notes on a pad of paper, as Mr Fuller displays crime scene photographs of his wife's body to the courtroom.



11:37am: Mr Fuller said it did not matter whether Mrs Baden-Clay's body had been wet by the rising and falling tides if the defence theory was to be substantiated.

"There needs to be a body of water sufficient to float her body up onto the plateau," he said.

Read more: http://www.brisbanetimes.com.au/que...y-16-week-5-20140708-3bjkw.html#ixzz36q3qEWAA

 

[Phantom's Diana]

Get that Monopoly Board Game out Gerry ... You are going straight to P.....n! love Fuller's work!

 

[Trooper]

Amee... there just isn't enough thanks for all the hard yakka you have done and are still doing with this tweeting relay.. a big hats off to you and Freya, Dr Sleuth, Prime, SamanthJ, Forensic... I know there are more who do it, I have a list going for registered thanks..

 

[Timmy]

Yes exactly!! His tactic back then was to catch Gerald out - by chopping and changing his questioning...a common tactic in cross examination. The closing address, on the other hand, needs to tie everything together ....as you so aptly say ...in high definition.

Yes.... You do feel like you're actually watching a video of the events as they unfolded.... Not like listening to the defence where nothing sounded plausible. Don't know if that's just because I personally believe GBC is guilty!

 

[ollijack]

:blushing::blushing::blushing::blushing: Freudian slip. I hope didn't offend anyone!

No. just more delightful giggles....we deserve them :loveyou:

 

[Amee]

11:21am: Mr Fuller said Mrs Baden-Clay's body was dragged part way down the embankment of the creek to a concrete pylon beneath the bridge on Mt Crosby Road.

He said her body was pushed from the concrete ledge.

"Her body was pushed off the ledge and her body fell to where she was," he said.

"And that's the position in which she remained ...

"She did not end up jumping off there, or falling off there, she was thrown down there.

Read more: http://www.brisbanetimes.com.au/que...y-16-week-5-20140708-3bjkw.html#ixzz36q4QC0u3

 

[Amee]

11:27am: Mr Fuller said there was little evidence to suggest Mrs Baden-Clay intentionally jumped from the Kholo Creek bridge.

"You will safely conclude she was not suicidal or in some drug-induced delirium," he said.

Mr Fuller said Mrs Baden-Clay would have sustained substantial injuries if she had jumped.

"There are none," he said.

He said forensic pathologist Dr Nathan Milne conceded Mrs Baden-Clay may have escape significant injury if she fell into a "depth of water".

"Well ladies and gentlemen, the only way she could have fallen into a depth of water and ended up there, was if she was washed up on the bank," Mr Fuller said, showing the court a photograph of Mrs Baden-Clay's body on the muddy creek bank.

"She has not fallen from the bridge to end up in that position unless the water has carried her."

But Mr Fuller said Dr Milne did not believe Mrs Baden-Clay's body had been immersed in water.

Dr Milne conducted a post-mortem examination on Mrs Baden-Clay.

Read more: http://www.brisbanetimes.com.au/que...y-16-week-5-20140708-3bjkw.html#ixzz36q4WXF62