The Crown v Gerard Baden-Clay, 9th July - Trial Day 17

[drsleuth]

Kate Kyriacou @KateKyriacou · 16s

Fuller says they might think it highly unusual the plants in her hair were all from the Brookfield Rd house. #badenclay

Fuller says they might think it highly unusual for her blood to be in the car. #badenclay

 

[Amee]

Mr Fuller said the jury was not told about the conversation Baden-Clay had with Toni McHugh, until she gave evidence of it.

He reminded the jury there was a number of phone calls between the accused and Ms McHugh between 5.03pm and 5.40pm.

“We know that’s inflamed once he says, oh, there’s something I need to tell you,” he said.

Mr Fuller said Baden-Clay had given evidence that he was not concerned about these two women coming together at the real estate conference the next day.

“He doesn’t even have the courage to say straight up, Allison is going to be there tomorrow,” Mr Fuller said.

He said Ms McHugh had “lost it” on a number of occasions: when the affair with the accused was discovered and when Phil Broom, a business partner, told someone she was involved with the accused and the conversation reached Ms Baden-Clay at the school canteen.

“What does she tell you about her reaction to that telephone call? Is it all about herself or does she say, consistent with what she told him on the last occasion they met… she says `it’s unfair on the both of us, it’s unfair on Allison not to tell her and let her know that I will be there’,” he said.

Mr Fuller said Ms McHugh was angry during the phone call because the accused had not told her there was a risk she would run into his wife at the conference.

“It speaks of the level of intimacy between them. You might think that’s a significant pressure on him as of 5.40pm that afternoon, how’s he going to deal with that? Just ignore it?,” he said.

Mr Fuller said Ms McHugh asked the accused what he was doing when he told her he might have to sell the business.

“She said she challenged him about what role Allison Baden-Clay would have in the business once they separated,” he said.

“It’s almost as if the roles had been reversed. Toni McHugh used to be in the business, used to be the one he saw every day, now that’s Allison Baden-Clay. The future? Undecided,” Mr Fuller said.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226982264933

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 3m
Long term tension with his wife. That tension is evident in her diary, and how she feels - Fuller

We have it in black and white in his emails to Toni McHugh - Fuller

We have the real prospect of his wife reacting badly, of being unwilling to forgive him a second time - Fuller


This wasn't about Allison. This was a man having to deal with the consequences of his own actions - Fuller

Perhaps he felt he had no other choice, then to take his wife's life

Calmly and rationally decided to cover it up - Fuller

 

[marlywings]

Kate Kyriacou @KateKyriacou · 5s

Fuller says is it highly unusual for him to have killed his wife? No, that's what he did. #badenclay

 

[Amee]

He said if Ms McHugh had disclosed to his wife at the conference that her husband was still deceiving her and had been since December, it would have been “catastrophic” for Baden-Clay.

“What was going to happen if Allison Baden-Clay found out for a second time? So what were his choices? His choices were to tell Allison about the pending meeting the next day or to do nothing about it,” he said.

“He tells you he did nothing about it because he had no concern, even against that background…”

Mr Fuller said although his wife gave him an ultimatum the first time he hadn’t really made a choice and tried to keep things going “as they were”.

“He was going to be shown as disingenuous in each of the counselling sessions they had gone to… so he was either going to be a coward or a fool,” Mr Fuller said.

“You would think the personal risks to him both professionally and to his personal life were huge.”

He said Baden-Clay had no explanation for the 1.48am phone charge connection, other than to say it must have been his wife who placed it on charge, on April 20, 2012.

Mr Fuller said the accused made a series of phone calls to his wife straight away.

“Why is it that straight after 6.32am that he then begins a series of calls at 6.32am, 6.38am and 6.41am?” he asked.

He showed the jury a text he sent to his wife asking “where are you?” at 6.41am.

“Is that part of the role of the anguished husband? Making the calls and sending the texts? He tells you there was a text earlier than that, as well,” Mr Fuller said.

He said he called his parents at 6.44am, did not get an answer, and they spoke again at 6.46am.

Mr Fuller said the accused had then made a call to police before looking on the streets for his wife, assuming she had her phone with her.

“He tells you he didn’t want to be an alarmist. 6.55am and 6.56am talks to his sister and his father,” he said.

He said by 7.09am the accused called Kate Rankin and discovered his wife was not meeting her until 8am.

Mr Fuller said Nigel Baden-Clay arrived at the house and he and his sister drove around Brookfield to search for Ms Baden-Clay.

He said by then it was 7.15am.

Mr Fuller said the accused made a 000 call while he was stopped at Deerhurst Street.

“He then returns home and reverse parks the car back into the car port,” he said.

He said police arrived at 8am.

Mr Fuller said the line of questioning, or to use his words “interrogation”, from police was so concerning his father hired him a lawyer.

“It is for you to determine what level of anxiety there might have been,” Mr Fuller said.

He said Baden-Clay was initially uncertain of the route his wife took when she walked but that crystallised in his later conversations with police.

Mr Fuller said the accused was unsure whether his wife was in bed with him the night before and when asked about the relationship, he tells the police about the affair.

He said Baden-Clay did not call his wife’s friends or family until after the accused first called his own friends.

Mr Fuller said the accused told police it was out of character for his wife to be away and she had never done such a thing before.

He said his wife’s mental health was good despite a past history of depression, which was managed by medication, and he wasn’t even sure if she was currently medicated.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226982264933

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 28s

Fuller says is it highly unusual for him to have killed his wife? No, that's what he did. #badenclay

Fuller: It was close, it was personal, it was violent. #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 1m
Highly unusual for a depressive episode that night, for Sertraline overdose - Fuller

Of all mornings for him to suffer that shaving scratch - Fuller

For his wife's blood to be in the car - Fuller

For his phone to be plugged in at 1.48am - Fuller

Is it highly unusual he killed his wife. The Crown says to you it wasn't - Fuller

It was close, it was personal, it was violent. But it was effective - Fuller

 

[ThaiBali]

Not sure, surely OW shoud know better if it is her. Then again they have nothing to lose if a mistrial is called.

 

[Amee]

Mr Fuller said the accused made no reference to her mental health or adverse reactions to medication or behaviour.

“In this trial all these things have been amplified way out of proportion in an attempt to distance himself…,” he said.

Mr Fuller asked the jury why Baden-Clay would not have told police his wife’s mental health had been in decline on April 20, 2012.

“From the man who lived with her 24/7, lived with her, worked with her. You might think what he’s attempting to paint from that is that everything is just fine, mentally, emotionally, relationship-wise,” he said.

“There is nothing to explain why his wife isn’t home, this has to be some misadventure. She’s gone for a walk, she’ll be home soon.”

He said Baden-Clay told police he thought his wife must have slept in the bed at the Brookfield Showgrounds on April 21, 2012.

“Do you think she was likely to go for a walk that next morning when she was time poor and they had to change roles, he had to take responsibility… that all had to be changed around because Allison had to get to the conference,” he said.

“She didn’t have time for the lunches, she’d been to the hairdresser the night before, this was important.”

He said it was highly unlikely Ms Baden-Clay would have been walking the streets of Brookfield that morning in light of what she had planned that day.

Mr Fuller said the accused then spoke about “15-minutes last night” in his second and third interviews with police.

“He tells you on the 19th it was just a couple of catch-up questions yet he’s talking about 15 minutes last night,” he said.

“He is at pains, at great pains, to say nothing came out of that… she’s not a yeller, she didn’t vent, it’s all good.”

He showed the jury a photo of Ms Baden-Clay’s journal with questions and answers, adding they would have been asked on April 19, 2012 in a 15-minute venting session as recommended by Ms Ritchie.

He asked the jury to look at the nature of the questions in light of the face the affair ended some seven months earlier

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226982264933

 

[Amee]

“Attempting to get the parameters of what his relationship with Toni McHugh was,” he said of the questions.

He read through them: did you go to the movies, how many times? How paid for hotels?

“The sordid detail of it. Why did they leave the house on the 18th to do that? Is it not more likely this is something you would do in your own home? The layout of her house, the kicker you might think,” he said.

Mr Fuller said Baden-Clay told the jury in evidence things were crossed out when his wife asked them.

“Do you regret the whole thing or just being caught?” he read another question from the diary.

He took the jury to another page in which Ms Baden-Clay wrote: “I couldn’t go back to her, even if I wanted to.”

Mr Fuller said that was a statement from the accused.

“He made that statement to her, again it was simply a lie. Something that was completely disingenuous. He knew if he picked up the phone and said Toni McHugh I’m coming to you now, she would agree,” he said.

Mr Fuller took the jury to a drawing by Baden-Clay of the unit where he met Ms McHugh.

He said Baden-Clay called his wife’s family at 9.51am on April 20, 2012.

“It takes him three hours to get around to letting her parents know of his concerns for his wife, after police have been at their house for nearly two hours, there is a major search underway… It shows you what his priorities perhaps were,” Mr Fuller said.

He said between 9.30am and 9.37am the accused had called his three friends.

Mr Fuller said the accused called his wife’s best friend at 9.58am.

He said Ms McHugh phoned him at lunch time that same day.

“What’s the first thing she asks him?: `Did you argue?’ Why did she ask that? Because she knows what the tone of the telephone conversation was the night before… he says no, there is no argument, but tells her to lay low,” he said.

Mr Fuller said Baden-Clay had no option but to tell Ms McHugh to tell the truth.

The trial will resume at 11.15am

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226982264933

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 13s

Fuller says Gerard was frustrated, the double life, the daily deceptions, the risk of it all coming crashing down. #badenclay

Fuller: He just wanted to wipe the slate clean. #badenclay


Kate Kyriacou @KateKyriacou · 55s

And Todd Fuller is done. #badenclay

Justice Byrne has begun his summing up. #badenclay

Justice Byrne tells the jury their role is to determine on the evidence whether he is guilty or not guilty. #badenclay

Judge says he must now sum up and then they will retire and consider their verdict. #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 1m
What could have been in this man's mind. The frustrations of his marriage, the double life, the daily deceptions - Fuller

He just wanted to wipe the slate clean. Thank you, Your Honour. Todd Fuller QC completes his closing

Justice John Byrne addressing the jury. Your role is to determine if he is guilty or not guilty


Francene Norton ‏@francenenorton 34s
Justice John Byrne gets straight into his summing up of the case to the jury.

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 28s

Judge says they must abide by his instructions. #badenclay

Byrne says they must decide what evidence they accept, then apply the law. #badenclay

 

[BrissyLass]

Is there a problem with the server again or is it just me?

Im having problems too

 

[Amee]

11:29am: "Is it highly unusual for him to kill his wife? The Crown says it isn't because that's what he did," Mr Fuller said.

Of the alleged struggle between Mr Baden-Clay and his wife on the night of April 19, 2012, Mr Fuller said: "It was personal, it was close, it was violent."

11:26am: Mr Fuller said Mr Baden-Clay was at risk of being exposed a serial adulterer and a failed businessman on the night his wife disappeared.

"The way he was finally exposed in this trial," Mr Fuller said.

"So you can see what he had to lose ladies and gentleman.

"It wasn't about the pressures on her, her mental health, her drug use, her wondering off in the middle of the night completely inexplicably.

"This was a man having to deal with the consequences of his own actions, actions over a long period of time.

"Perhaps he felt he had no other choice, no other choice but to take his wife's life?

"When a decision had to be made, that decision was made."

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36vlL9uux

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 3s

Judge: You are the sole judges of the facts. #badenclay

Judge says they must strike a unanimous verdict. #badenclay

 

[ThaiBali]

Bless Mark Ainsworth....beautiful man

Love your avatar..

 

[Amee]

11:30am: "He wanted to wipe the slate clean," Mr Fuller said.

With those words, the prosecution rests.

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36vlVdsc0

 

[PlainJaneDoe]

Listening to one of my favorite songs and can't help but think of GBC..."you lied, lied, lied to my face, and that's something that I can't forgive!" (L7, Fuel my Fire)

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 44s
Summing up. You must apply all directions - Justice Byrne