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

[MadDoc]

No, I flicked him to kingdom come! He wasn't vicious, made no attempt to bite me.

He's not a violent caterpillar. He's a little bit hurt now...but he'll be OK.

 

[Amee]

Ebony Cavallaro ‏@ebonycavallaro 36s

How can you tell journo stress levels are rising at #badenclay trial?Chocolate consumption in media area significantly increased!

 

[spratsmum]

Thank you, I knew there was "better" word, I just couldn't think of it,

 

[Fluffykins]

3:23pm: Court has been adjourned for a 10 minute break.



3:22pm: Justice Byrne has turned his attention to the issue of "lies" and the prosecutions allegations that the Mr Baden-Clay lied about how he sustained the scratches on his face.

"It would be wrong to approach the case on the basis that, if the accused told lies, he must have killed his wife," he said.

"If you find that what the accused said about injuring himself while shaving was false, still there is more for you to consider.

"Sometimes, where there appears to be a departure from the truth, it may not be possible to say that a deliberate lie has been told ...

"If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt."

Read more: http://www.brisbanetimes.com.au/que...y-17-week-5-20140709-3bluf.html#ixzz36wk3mExl

RSBM. Wow. He's saying G could be lying only because he knows the scratches would implicate him in the murder of his wife; not because he actually did it.

In that case, supposing they had a furious argument and A scratched him and stormed off into the night, why didn't he give that explanation right from the outset? Surely an innocent person would be saying "yes, my wife scratched my face in the heat of the moment, but I love her and you've got to help me find her."

IMO the lie about the scratches is clear evidence of guilt.

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 1m
Justice Byrne summarising Gerard's evidence about April 20, the morning he reported Allison missing

 

[ollijack]

If I was on the jury I would have the biggest headache...Im a slow learner and I
would not be able to follow the judges instructions without writing it all down.:scared:

And I have always believed he was guilty, now more than ever.:daisy:

 

[MadDoc]

Not sure I like the Tena of this conversation lol

more and more information just comes trickling out...

 

[drsleuth]

Judge says on April 21, Gerard attended the Brookfield command post and spoke with police. #badenclay

Judge says Gerard testified that Toni was upset about Allison going to the same conference the next day and wanted Allison told. #badenclay


Kate Kyriacou @KateKyriacou · 21s

Judge says Gerard's evidence was he did not tell Allison and he was not concerned about the two women meeting. #badenclay

 

[drsleuth]

dr, Kate is surely working her butt off. She deserves a raise!

Sue does, it's hard enough just keeping up copying her tweets :gaah:

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 11s

Judge says Gerard called the life insurance company on May 1 to determine how he could make a claim. #badenclay

Judge says Gerard said his father told him he had to notify the insurance company of her death. #badenclay

Judge says Gerard testified that financially, the business was turning around. #badenclay

 

[marlywings]

Jury will go out soon....almost time to close up shop.

 

[Trooper]

'
'Judge says... Gerard's evidence was he did not tell Allison and he was not concerned about the two women meeting'

so one has to wonder why it had to kept such a deep secret... if he wasn't concerned, why didn't he take the two of them out for dinner together....

 

[whatif?]

Oh no, I was wearing purple today, but I swear it wasn't me. I couldn't hear what that was all about because the microphone wasn't on at the time in the Banco room.

ETA just found out it was tuesday not today.

 

[Froglady]

more and more information just comes trickling out...

I have tears of laughter running down my legs haha

 

[Susan12]

'Beyond reasonable doubt' does not imply it needs to be 100%.

http://www.courts.qld.gov.au/__data/assets/pdf_file/0020/86060/sd-bb-57-reasonable-doubt.pdf
Reasonable Doubt
The suggested direction should only be given where the jury indicates that it is struggling with the concept.1 It draws on Krasniqi (1993) 61 SASR 366; cf Chatzidimitriou (2000) 1 VR 493, 498, 503, 509. See also Green v The Queen (1971) 126 CLR 28 at 33.
A reasonable doubt is such a doubt as you, the jury, consider to be reasonable on a consideration of the evidence. It is therefore for you, and each of you, to say whether you have a doubt you consider reasonable. If at the end of your deliberations, you, as reasonable persons, have such a doubt about the guilt of the defendant, the charge has not been proved beyond reasonable doubt.2

Hi, yeah I got that. I was saying I'd like to know the jury understand that reasonable doubt is not a need for 100% proof which is why I was saying I was hoping the judge would explain it to them.

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 25s

Judge says Gerard said it was "absolutely untrue" he was going to leave his wife for his mistress. #badenclay

Judge is talking about Gerard's cross examination now. #badenclay

Judge says Gerard did not tell his wife he was still sleeping with Toni McHugh after Allison found out about the affair. #badenclay

Judge says Gerard's evidence was that the emails, claims of love, were all to placate her or "for the sake of the business". #badenclay

 

[PrimeSuspect]

David Murray ‏@TheMurrayD 1m
The judge is summing up in a clear, steady voice, has barely tripped over a word yet.

 

[alioop]

The jury must be thinking, just let us get on with deliberations.

 

[drsleuth]

Jury will go out soon....almost time to close up shop.

Channel 7 just said the judges summary is 90 pages & he's up to 83!!

 

[marlywings]

Ok guys..."the joke has run its course".

Back on topic thanks.