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

[drsleuth]

Kate Kyriacou @KateKyriacou · 19s

Judge says Gerard used a secret email account to contact Toni. He never intended to tell his wife this. #badenclay

Judge is now discussing what Gerard said about his financial position under cross examination. #badenclay

Judge says Gerard's evidence was he was under constant pressure from Toni to leave his wife. #badenclay

Judge says Gerard acknowledged he had told Toni in Dec, 2011 that he wanted to leave his wife and come to her "unconditionally". #badenclay

 

[JK673]

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

 

[Kimster]

If there's a verdict in the middle of the night, wake me up!

fftobed:

:bed:

 

[MadDoc]

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

And that's why he's the Judge, and we are just...lowly peasants...

 

[Amee]

3.25pm: Justice Byrne continued his summing up of the case to the jury.

He said psychiatrist Dr Tom George did not think Allison Baden-Clay was depressed beyond the first two sessions she had with him because he prescribed her medication.

He said she answered a questionnaire on whether she had thought about self-harming, to which she answered: “hardly ever”.

Justice Byrne said Dr George did not re-administer the test for suicide because it was his belief she was not depressed.

He said Ms Baden-Clay saw Dr Nicholas Bourke about the stresses on her marriage. He said it was the GP’s belief Ms Baden-Clay was not suicidal.

Justice Byrne took the jury to the evidence concerning psychiatrist Dr Michael Schramm.

He said Dr Schramm stated around three per cent of people who suffered depression took their lives, while fewer than half did not leave a note.

He said Dr Schramm reviewed patient notes but did not actually assess Ms Baden-Clay himself.

Justice Byrne said Dr Schramm thought maternal attachment was a protective element in the face of suicide.

He said it was his opinion any adverse effects of Zoloft would ordinarily become apparent at the time of taking the drugs.

Justice Byrne took the jury to the evidence of Relationships Australia counsellor Carmel Ritchie.

He said Ms Ritchie saw Ms Baden-Clay and was left with the impression Ms Baden-Clay’s depression was well-managed at the time but admitted she did not directly ask about it and had no formal psychological or medical qualifications.

The summing-up was interrupted briefly when a juror’s chair broke.

Justice Byrne said the accused agreed eventually he would sit down and listen to his wife for no more than 15-minutes every second day.

He said Baden-Clay was initially resistant to the idea and saw it as regressive.

He said Ms Ritchie testified that Ms Baden-Clay was “overjoyed” when her husband agreed to go to counselling with her

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

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 19s

Judge says Gerard used a secret email account to contact Toni. He never intended to tell his wife this. #badenclay

Judge is now discussing what Gerard said about his financial position under cross examination. #badenclay

Judge says Gerard's evidence was he was under constant pressure from Toni to leave his wife. #badenclay

Judge says Gerard acknowledged he had told Toni in Dec, 2011 that he wanted to leave his wife and come to her "unconditionally". #badenclay

Judge says Gerard said he did not consider he was in a relationship with Toni McHugh. #badenclay

 

[Amee]

Justice Byrne took the jury to the journal that belonged to Ms Baden-Clay.

He said the deceased spoke to Fiona Christ around 8.30am on Thursday April 19, 2012.

He said about half an hour later she spoke to another woman and then attended a four-hour training session for work.

He said that when they parted around 1pm the trainer was left with the impression she was very positive about the future.

Justice Byrne said Ms Baden-Clay went to the hairdressers that afternoon, while the accused spent just under half an hour on the phone to Ms McHugh.

He said the accused’s mobile phone was connected to a phone charger at 1.48am on Friday April 20, 2012.

Justice Byrne said the accused told police he cut himself shaving in a rush.

He said Baden-Clay called his father and sister and then drove away from the house to look for his wife at 7am.

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

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 16s

Judge says Gerard said he and Allison had recommenced a sexual relationship in February, 2012. #badenclay

 

[Amee]

He took the jury to the evidence of Constable Kieron Ash, who was one of the first officers to arrive at the Baden-Clay home.

Justice Byrne said Constable Ash looked around the home and found an empty box of medication prescribed to the deceased.

He said Sgt Andrew Jackson gave evidence that Baden-Clay told him he was a “heavy sleeper” and he did not know whether his wife had slept in the bed the night before.

He said the accused told police he was rushing to get his girls up when he cut himself.

Justice Byrne said “I don’t think so” when asked if anything happened the previous night that might have set his wife off.

He said the accused told police he and his wife had a 15-minute session.

“We had one last night and there were some difficult things we talked about,” he told them.

Justice Byrne turned to the evidence of Sen-Constable Cameron Simmons.

He said Baden-Clay told him he did not know if his wife slept in the bed with him the night before

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

 

[PrimeSuspect]

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

You deserve some chocolate too.



:toast:

 

[heloise]

Otherwise he's on overtime! No overtime paid anymore for QPS. I go to the QSO Sunday Concerts. No matter how many ovations, they are finished by 12.55 .... so the musicians are out of there by 1.00 pm - on the dot.

 

[Amee]

He said Sen-Constable Simmons told the jury Baden-Clay said his wife was taking medication for depression but “it may be she is not any more”.

Justice Byrne said Baden-Clay told him his wife was “pretty good” and when asked if there were any signs she was depressed, he answered “no”.

He said Baden-Clay told the officer they had a 15-minute session, after which he had washed the lunchboxes and they had discussed the next day together.

“She actually had a list of questions for me,” he told them.

Justice Byrne said Baden-Clay told police he thought the questions were the sort that weren’t beneficial, because they kept dredging things up again.

He said the accused told him things were dire financially and he had not been able to buy new razors for six months.

Justice Byrne said the accused told Sgt Gregory Matthews he left his wife up watching The Footy Show when he went to bed at 10pm.

He said he told the officer his wife may have been in bed with him because her side of the doona was folded back.

He said Baden-Clay told the officer his wife’s mental estate was “predominantly up”.

Justice Byrne said the accused told Sgt Matthews his wife would usually walk with her phone and leave while it was still dark.

He took the jury to the evidence of Dr Candice Beaven.

He said Baden-Clay told her he used one motion to injure himself, later adding it must have been a couple but he didn’t notice because he was rushing.

Justice Byrne said the accused went to see Dr Renu Kumar.

He said the accused told her he was using an old razor and it was “a rush job”.

Justice Byrne took the jury to the evidence of Sen-Sgt Ewen Taylor.

He said there was no presumptive positive test for blood inside the house or car port and no obvious sign of a clean-up

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

 

[BJsleuth]

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

Back on topic thanks.

Sorry Marly!

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 3s

Judge says Gerard said despite her reaction to Allison going to the conference, he had no fear Toni would approach Allison. #badenclay

 

[Amee]

He said the Holden Captiva known as “Sparky” was examined on April 22, 2012.

Justice Byrne said blood was found in the back of the car.

He said Sen-Constable Carl Streeting examined the car and found a flow rivulet of blood.

He said the officer could not tell how long the blood had been there.
Gerard Baden-Clay has been accused of murdering his wife Allison. Picture: Richter Nathan

Gerard Baden-Clay has been accused of murdering his wife Allison. Picture: Richter Nathan

Justice Byrne took the jury to the evidence of Dr Margaret Stark.

He said her work involved interpretation of injuries and identification of their causes.

He said she testified the injuries were of two types: three yellowish abrasions and more recent, red ones.

He said Dr Stark said the yellowy injuries resulted from contact with a rough surface and were typical of fingernail scratches.

Justice Byrne said Dr Robert Hoskins did not examine the accused but used photographs of the injuries to form his opinions.

He said it was “implausible” the injuries on Baden-Clay’s face were caused by a disposable safety razor.

He said Dr Hoskins thought the razor blade may have caused the second type of injury on Baden-Clay’s face.

He thought the three broader abrasions were likely to have been caused earlier in time than the smaller, red ones.

Justice Byrne turned to the evidence of Dr Leslie Griffiths.

He said the doctor estimated the broad abrasions were at least 48 hours old when he inspected them at 7.15pm on April 22, 2012.

He said Dr Griffiths thought the injuries on the face of the accused were abrasions, not cuts or nicks, as one might have expected from a razor blade.

Justice Byrne turned to the financial evidence surrounding Baden-Clay.

He said the accused borrowed $270,000 from three friends and by April, 2012, had repaid only a few instalments of interest to them

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

 

[drsleuth]

Otherwise he's on overtime! No overtime paid anymore for QPS. I go to the QSO Sunday Concerts. No matter how many ovations, they are finished by 12.55 .... so the musicians are out of there by 1.00 pm - on the dot.

Mmmmm thanks, gotta love chocolate!!

 

[Amee]

He said the loan followed Baden-Clay’s business running in to trouble at the beginning of 2011, when he moved to a larger premises and as a result of the floods.

Justice Byrne said Baden-Clay called Sue Heath asking for $300,000 to save him from becoming bankrupt.

He took the jury to allegations the accused told a number of lies.

He said the prosecution contends Baden-Clay lied to police about the scratches on his face.

Justice Byrne said it would be wrong to approach the case on the basis that if the accused told lies, he must be guilty.

“Importantly, with one possible exception, any lies he has told, whether to the police or when testifying, are relevant only to his credibility,” he said.

Justice Byrne said the jury could not hold a lie against the accused supporting an inference he murdered his wife unless it was satisfied the statement in question was false and the accused knew it was.

He said that in order to establish the accused lied about the injuries to his face, the prosecution had to prove the injuries were not caused by a razor.

He said the defence contended the accused did not tell a lie.

Justice Byrne said the lie had to be concerned with a circumstance or event of the death of his wife and told because the truth of the matter incriminated him.

“That is, he must of lied, because he believed the truth would show he murdered his wife,” he said.

He said if Baden-Clay lied for some other reason, it could not be used as evidence he murdered his wife.

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

 

[drsleuth]

Kate Kyriacou @KateKyriacou · 28s

Judge says Gerard was asked about the phone charger on Allison's side, why she would plug his phone in on his side of the bed. #badenclay

Judge says Gerard did not disclose to police at any stage his conversations with Toni McHugh on the Thursday afternoon. #badenclay

 

[Deleted member 102539]

I've had to write letters for people to exempt them from jury duty on the grounds that they had a condition affecting the bowel or bladder - meaning they could not sit for long periods of time without a toilet break. Never had a problem with this being accepted as a genuine reason not to serve on a jury.

After today I know, I never want to be a juror!!! If I would obtain a request, than I like to have your certificate on bladder problems, please!

 

[drsleuth]

Mmmmm thanks, gotta love chocolate!!

Opps pressed wrong button. That was thanks to Prime for the choccies.