UPDATED, AS SOON AS TO HAND, FROM OTHER DIRECT SOURCES
MONDAY, 16TH JUNE, 2014.
Allison’s parents testify
Gerard Baden-Clay is sitting in the dock wearing the same dark suit and glasses he has worn during the trial thus far. His family is sitting directly behind him in the front row of the public gallery.
The family and friends of Mrs Baden-Clay are sitting on the opposite side of the packed courtroom.
Nigel is discussing Wed, April 18, Nigel and Elaine came over to babysit for a short time.
Nigel said on Friday, after Allison disappeared, police started arriving, including three homicide detectives. Olivia came home and said 15 police and nine vehicles were at the house. Nigel said that he found that alarming news. He said he rang Gerard and said it was time to organize a lawyer. He said he contacted two of Gerard’s old friends, who recommended a lawyer. The lawyer recommended a criminal lawyer but told Gerard not to do anything until the criminal lawyer had been in touch.
Nigel said he has been a justice of the peace for more than 25 years. Before that was in the insurance industry. He arranged Gerard’s first policy when he was 11 years old. In 2000, when Gerard and Allison returned from overseas, he arranged policies for them both. Defence asks Nigel whether Gerard was “not in a good state of mind” after her disappearance. Defence asks Nigel whether he spoke to Gerard about claiming life insurance after Allison’s body was found. He said he filled out the forms. Nigel: “It’s one of the terms and conditions…that you notify the insurance company as soon as “the event” occurs. Gerard would come over a lot with their first daughter after she was born. Allison wouldn’t come. He said that we didn’t understand at the time that that was depression, in 2003 was when Allison phoned asking for help. Nigel was asked if he saw evidence of depression, curtains drawn, in 2012, “Not specifically” he answers.
Allison’s dress was of a dull nature. Nothing bright at all. I think that was an indication of depression. She told us she liked going for an early morning walk in lovely, safe, Brookfield. He said that he can’t be sure how he knew police at the house were from Homicide.
Nigel said that they found out a body had been found under Kholo Creek bridge from the internet. Nigel said that he called the insurance company “a day or two” later.
He has now been excused.
OLIVIA BADEN-CLAY, Gerard’s sister, has now been called to the stand.
Olivia says she met Allison in 1996. Gerard and Allison were “going out” at the time. They visited her in Canberra. Olivia graduated from Duntroon and was posted to Townsville. She was medically discharged and moved to Brisbane in 99.
Olivia said she met her husband at Gerard and Allison’s wedding in 1997. When she and her husband were married, they visited Gerard and Allison in Switzerland in 1998. After 1999, Olivia moved to Brisbane and Gerard and Allison came back from overseas. They lived with Olivia for a few months, they lived in close proximity for 10 years.
Olivia said that Gerard spent a lot of time with them after the birth of his first child. “Allison didn’t visit very often”. Allison and I spent time together without children. Spent much time together raising our families. After Allison had her second child, she asked her to look after her children one day a week so she could have some time off. Olivia said she is not sure if Allison worked all of the days she looked after her children. When I first met Allison…she was very beautiful and very quietly spoken and very sweet natured. Olivia is crying.
Gerard is crying as his sister cried and talks about how much he and Allison were in love. Olivia: “He would drive her everywhere. She never drove the car on her own. I thought that was strange.” We had observed a strain in the relationship that we perceived had begun very early with the children and their parenting styles. Olivia said they all did a parenting course together that they all “committed to” but then Gerard and Allison started parenting differently. They were both very private. They never discussed anything private with any of us. I struggled with that. I tried very hard to be a support person to them. Allison came in crying one day and told her they were really struggling financially.
My observations were that Gerard played a significant role in the upbringing of the children,” she said.
“I observed him taking on all the responsibilities of a dad and also additional responsibilities in and around the home … Gerard was very hands on with the children …
“He just adored them. I think he’s very good children.
“He loved being with them and was very proud of them always. I observed him being present at any sporting competitions that the girls had at school … ballet concerts that the girls participated in, he was always there ..
Olivia said that she spoke with Allison the Monday before she went missing and discussed business issues, but not financial. We came back for a family holiday in Burleigh Heads in April, 2012. Then some time catching up with family.
Olivia said she doesn’t recall having contact with her brother when she came down to SE Qld. She spent a “lovely afternoon” with Allison, suffered a migraine on Sunday night and Allison picked her up from hospital. That was the weekend before her disappearance. Olivia said she was surprised that Allison picked her up because she didn’t like to drive. Olivia said she spoke to Allison on the Wednesday and that she asked her to see the children at cross country. She said that she also spoke to her on the Thursday evening after the cross country.
Olivia said Gerard did tell her he had an itchy spot on his neck where he was bitten by a caterpillar. She said that it looked red and itchy and inflamed. She gave him Stingose. She said that she didn’t notice any other marks on him.
Olivia said she spoke with Allison on Thursday to arrange a sleepover for the children. She was supposed to stay over on the Friday night with the children. They spoke around 8.30pm Thursday to arrange. The sleepover for the four younger children would be at Gerard and Allison’s house.
Olivia said Allison was speaking quietly on the Thursday because the girls still were going to sleep. She said she couldn’t comment on Allison’s mood. Olivia said she woke Friday morning to see her brother on Skype with a new baby in Canada.
Olivia said she was heading back to bed when her mother came in to say Allison was missing. Olivia said she texted Gerard and he called. Her plan was to go straight to Gerard’s house. She asked Gerard what route Allison would take so she could go looking for her. She stopped and spoke with a groundsman to see if he’d seen Allison.
Olivia said she kept driving Allison’s walking routes. On the way back she spoke to a couple of women. Olivia said she rang her brother to ask what Allison would have been wearing, whether her hair would have been in a pony tail. Olivia said the drove slowly, with the windows down, looking into bushes and calling out to people.
Olivia said at one point, she got out and walked around looking for her. She spoke to her brother to tell him she couldn’t find Allison. Gerard asked Olivia whether it was too early to call the police. Olivia said it wasn’t. She’d been expecting to come across her.
Olivia returned to find one of Gerard and Allison’s daughters crying. Olivia: “I sensed that Gerard was quite anxious, which we all were at that point”. Olivia said later that she did notice the cuts on his face. Olivia took the children to school, came back to see a “few” police officers. She stayed for some time.
At 9.30am she got a call from the school to say Gerard and Allison’s middle daughter was upset and needed collecting. Olivia said that she came back and was “alarmed” to see so many police at the house. It might have been then that she saw Allison’s parents.
The court is being shown the picture Olivia took of Gerard at cross country again. Defence is pointing out Gerard’s eye is red.
Olivia said when Gerard and Allison returned from overseas, she “perceived Allison’s behavior as quite odd and quite withdrawn”. Allison didn’t engage in social activities the way she once had.
Friends of Allison’s are walking out during Olivia’s testimony.
Olivia is recounting a trip to playgroup. She said Allison became extremely distressed during the short drive and vomitted when they arrived. I put her to bed…but I didn’t know what was wrong with her. Later I learned it was anxiety. It was her anxiety that prevented her from driving.
Olivia said one time Allison broke her ankle, spent “every day” at Olivia’s house on the couch. Olivia said that Gerard would drop Allison off with their washing. She would give them back clean laundry and a meal at the end of the day. Olivia said Allison “really struggled” to input the routine they’d decided to enforce on the children. The pressures of life seemed to be too much for her. Olivia said Gerard liked to have the children in a regular routine and teach the children how to go to bed on their own. She said Gerard didn’t want the children “cuddled” to bed at night. That was “very difficult” for Allison.
Olivia said that Allison once confessed to her that she’d been diagnosed with clinical depression.
She said Allison told her that she had been diagnosed with clinical depression in early 2004.
“It was after their middle daughter was born,” Ms Walton said.
“She came round and she said she wanted to talk to me about something, which in itself was unusual for her to want to talk to me about a personal matter … because she was so private and she didn’t really open up very much.
“We went out onto my back patio and she said, ‘I’ve been diagnosed with clinical depression’.
“And in the course of the conversation I asked her if she had told anybody else, if anybody else knew, and she said that she had spoken to my mum. And I asked her if she had spoken to her family about it and she said no she hadn’t because she didn’t think that they would understand.”
Olivia said it was like “the river was dry” and Allison’s medication helped the water to flow again. Then, she was able to function again. The meds weren’t supposed to work for 10 days. Allison was “panicking” after 10 days because the meds took a little longer. This very capable woman was being incapacitated by this debilitating illness. The conversation about depression, medication, was in 2004.
Olivia said Gerard took on added responsibilities around the house. He was very hands on with the children and an involved dad. He organized his schedule so he was at home during that busy period in the afternoon. He often helped with meals, or prepared meals.
Olivia said on the morning of April 20, Gerard asked her if it was too early to call the police. She said she spoke to an officer at the search command centre every day. “I was shocked by how many police were at the house so soon”. Olivia asked police whether she could help them search and was told no. One of her military friends asked whether they could help search. She told police she could get up to 50 people.
On April, 30, Olivia met police at 6am to discuss using her military friends but SES said unless they were SES trained, they couldn’t help. Police were going to provide her with a list of properties yet to be searched and that she could door knock them. Later that morning, Allison’s body was found.
Prosecutor asking Olivia whether Allison was pregnant when she got out of the car and vomited from “anxiety”. Olivia said she “can’t recall” whether Allison was pregnant. “She could have been“.
Prosecutor asked Olivia whether Allison was working at that time. She was. Prosecutor asked Olivia whether Allison was doing anything else. She was teaching a course in schools, involved in a sales/marketing venture. Prosecutor asked whether there was anything else? Olivia said Allison was a director of a company she and Gerard had.
Prosecutor asked whether Olivia was concerned about Allison’s mood in the week before her disappearance. Olivia, “Nothing gave me cause to be particularly concerned”. Olivia said that she found Allison hard to read, she could never work out her mood. She said that Allison was thrilled about the birth of their nephew but Olivia worried that Allison had always wanted a boy.
Olivia has been excused.
Mrs Priscilla Dickie has been called to the stand.
Mrs Dickie said it was a “colourful morning” the morning her daughter was born, wipes a tear from her eye. Mrs Dickie said her daughter had a “very high” position with Flight Centre when she married Gerard. Gerard and Allison went overseas for some years after getting married, Mrs Dickie helped out after the birth of her first granddaughter, she stayed with Allison for a while. Mrs Dickie said Gerard told her not to interfere in the raising of the grandchildren “I might have overstepped the mark”. Mrs Dickie said in Easter, 2012, they booked a holiday for Allison and the girls by the beach with their camper trailer.
Mrs Dickie said they had a family get together on Easter Sunday for lunch. They bought tickets for the girls to see Annie after Easter. They rang after to say “thankyou grandma”. Mrs Dickie said Allison sounded fine when she called after Easter, she said they run a craft group at the church and that the got a call at 9.30am or just after to say Allison was missing. Mrs Dickie said they picked up some clothes fro home and drove to Brookfield, it took them an hour. “We walked in and up the steps, there were police people there, and Gerard of course, I couldn’t believe it, he had a pin striped shirt and a tie, cool as a cucumber.
Mrds Dickie is getting emotional recounting the day her daughter disappeared. I said, “what happened?”. I said to him, did you sleep with her. Was she in the same bed as you? He said yes she was. I said, didn’t you feel her move? Mrs Dickie said she looked in the kitchen and “the place was sterile”. She said it was strange that cups and saucers were out and that she’d never had a tea in a cup and saucer before, always a mug. She asked Gerard about the cuts on his face. He told her he’d cut himself shaving. Mrs Dickie said she went with Gerard into the master bedroom she said she thinks the bed was made.
Defence is now cross examining.
Mrs Dickie said she as aware that Allison had post natal depression after her first baby, she had anxiety at times, we all have anxiety at times. Mrs Dickie denies her daughter had a major depressive illness, she said she was never told that. Mrs Dickie said she was called by Kerry-Ann Walker who asked her to call Allison. Mrs Dickie said she called Allison and Allison said Gerard no longer loved her and that she told Allison to come and live with them.
Mrs Dickie insists Allison would tell her if she had problems and that where was an occasion where Allison was on the couch, dressed in white with the dishesin the sink. Allison told her “I want to be a better person”. Mrs Dickie agrees Allison was injecting a substance to help her lose weight, says is was for Gerard. Allison did everything she could to please her husband, she and her husband rarely socialized with the Baden-Clays. Mrs Dickie said that every woman who has had two daughters, when they have a third child, they want a boy.
Mrs Dickie said when she went to the house on April 20, it was so clean, it was “not like a home”, Allison always had a brass photo frame of her back, Allison always said, “we’re walking into the future”. That photo was gone. Mrs Dickie is becoming emotional again. Michael Byrne QC is telling her the kitchen wasn’t clean or sterile.
Prosecutor asking her about Mrs Dickie’s observations in 2011 when Allison was on the couch, dressed all in white. They clarified the date as after Christmas, Mrs Dickie has now been excused.
Geoff Dickie, Allison’s father, has now been called to the stand.
Mr Dickie said he saw Allison and the girls on Easter Sunday, 2012. Gerard was there too, Allison was happy and normal.
Mr Dickie said he was working at the church on April 20, and then received a call from Gerard at 9.45am to say Allison had gone for a walk and not come back.
Gerard was dressed like he was ready to go to work, he had scratches on the right side of his face.
Kerry-Ann Walker arrived. Gerard asked the to come into the bedroom so they could talk soon after they were told the house would become a crime scene. Mr Dickie left the house and saw Nigel Baden-Clay loading a vacuum cleaner.
Mr Dickie agreed that Allison “bottled up” her problems.
Kerry-Ann Walker, Allison’s best friend has been called.
Ms Walker said she has known Allison since their first year of high school, over 30 years and that she and Allison worked at Flight Centre together, Allison was in senior management. Ms Walker said Allison told her she suffered from post natal depression after her first child she said she never saw any signs of it. Allison confided Gerard didn’t love her anymore, they were having problems, they went to a marriage counsellor. Allison was “great” in weeks before her disappearance and was excited about the new role at the real estate agency. Ms Walker said she contacted Allison on Thursday about returning some ball gowns, Allison said sure he would drop the off on Friday.
Court is being shown text message conversation between Allison and Kerry-Anne. Allison said she would drop them off after the real estate conference about 6pm. Ms Walker said that was fine, but got no response.
On the day Allison disappeared, police called Ms Walker several times but she was in a meeting. She got to the house at midday, she said she noticed scratched on the side of Gerard’s face, they seemed fresh, weeping. “We were all in shock that day”. Gerard seemed calm, the police were doing their thing. We didn’t know what to do, we were just waiting, she said they stayed most of the day, house was closed as a crime scene.
Allison never told her Gerard had been having an affair.
Adjourned for lunch.
2:0pm: The jury is continuing to hear evidence from the 31st witness in the trial, Allison Baden-Clay’s best friend, Kerry Ann Walker.
In cross-examination by barrister Michael Byrne QC, for Baden-Clay, Ms Walker agreed her friend was “always trying to lose weight” and always on “one diet or another”.
“Allison was a perfectionist, she was always working to better herself so we knew each other inside out, there were things that she didn’t tell me that she perhaps thought she shouldn’t and there were other things we talked about quite openly,” she said.
Ms Walker said she suggested to her friend that her husband was having an affair but was always met with denial.
“I think she never told me about the affair because she knew I would jump straight in and pull her out of it and she didn’t want that,” she said.
She agreed Ms Baden-Clay never told her about an affair up to April, 2012.
“She was very open about her post-natal depression, she told me about it,” she said.
“More recently she certainly was not depressed, in the months before she died we would have lots of discussions about how she was standing up for herself more, becoming more assertive in her marriage … there was a marked difference in her attitude in those last couple of times we had got together and she was working hard in her marriage.
“It was great to see her so positive and so in control.”
Ms Walker said she was aware her friend suffered from depression but said her friend only ever referred to it as “post-natal depression”.
“Allison was very hard on herself and she did used to say she suffered from anxiety, and we talked through that … and she went to see professionals about that as well,” she said.
She said her friend told her she was anxious from time to time in 2011.
“I never observed that she was anxious … she always had a positive aspect and she was always talking about the good things, her children who she loved and her husband that she loved,” she said.
Ms Walker said her friend told her she was taking medication again but never told her she was anxious, in a low mood, or teary and did not mention Zoloft.
“I think I know her better than most, yes,” she said.
“On her best days as a mother, she was twice the mother I am. If she was talking about feeling down, it was just trying to cope with all the things we had to cope with as mothers with children.”
Ms Walker said it would not surprise her if her friend told a doctor in March, 2012, that she was experiencing bad mood swings around the time of her period.
She said her friend never asked her about increasing her dose of Zoloft from 50mg to 100mg at that time, either.
3pm: The 32nd witness is Daryl Clifford Joyce who was kayaking in the Brisbane River near the area of Kholo Creek on April 30, 2012.
He said he was on holidays at the time when he paddled into the Kholo Ck entrance.
“The bridge is only a very short distance in from the Brisbane River so as soon as I got under the bridge I saw the body,” he said.
“It was on my right-hand side as I was going up the creek and on the Brisbane side of the creek as distinct from the Ipswich side.”
He said the body was positioned like it was “sleeping” and could not see the face.
“Like someone lying on their side, asleep,” he said.
“I paddled past a little ways and then I did a U-turn when I figured out what was going on and went straight back to the boat ramp.”
Mr Joyce said he stayed about 5m to 10m from the body.
He said he did not get out of his kayak as it was “too slippery and deep”.
Mr Joyce said he phoned police.
He said the flow rate of the creek was “significant” and the water level “high” because there had been recent big rainfall.
“There was a lot of fresh mud suspended in the creek,” he said.
He said the body was “directly underneath” the Kholo Creek bridge.
In cross-examination by barrister Michael Byrne QC, for Baden-Clay, Mr Joyce agreed he would paddle the Brisbane River on his kayak most Sunday mornings.
“It was definitely flowing out into the main river because you could see the light brown colour,” he said.
He said there was heavy rain on the Saturday before.
“As I recall it was really torrential rain,” he said.
Mr Joyce said it was his experience there was “sticky mud” in the Brisbane River and besides, the bank was very steep.
He said Kholo Creek was deep enough for him to paddle a kayak in.
3.10pm: The 33rd witness in the trial is the woman Gerard Baden-Clay was having an affair with, Toni Cheri McHugh.
She said she commenced working as a salesperson at Century 21 at Kenmore in April, 2007.
Ms McHugh said the business had a sales component and a rental roll.
She said she first met Baden-Clay as the agent she chose to sell her block of land a “couple of years earlier”.
Ms McHugh said she had just finished a teaching contract when Baden-Clay’s mother suggested she work in the business.
“I saw it as a time to take a few risks and maybe step into a sales role,” she said.
She said she came to meet Baden-Clay’s parents while selling her block of land.
She said Nigel Baden-Clay was still assisting in sales and the accounting side of the business while Elaine Baden-Clay was on front reception duties.
Ms McHugh said she was in a sales role for six weeks before she was asked to assist in property management for two to three months.
She said at the time, the rent roll was sold to Harcourts at Kenmore and she returned to her role in sales.
Ms McHugh said the business was running very well at that time.
“I wasn’t at all aware of how the business was functioning in a big picture way, I just knew that I was doing what I was required to do, I was finding that I was successful and that was helping the business and morale in the team was very strong,” she said.
“I enjoyed the energy, the challenge. (It came) predominantly from Gerard, he was excellent at motivating people, excellent at enhancing a team atmosphere.”
She said she admired Baden-Clay and his drive.
“I admired his ability to be able to really make people feel that they had something to contribute … he was an excellent teacher and I felt that I had a fabulous basis to learn real estate,” she said.
Ms McHugh said she became closer to the accused as friends, initially.
“If I was to say an exact date, or time and place, it was August of ’08,” she said.
She said she knew Baden-Clay was married.
“Allison would come into the office very rarely so I guess I had spoken to her when she had come into the office,” she said.
She said they exchanged pleasantries but shared little other conversation between them.
Ms McHugh said she was living with her partner and two children at Bellbowrie at the time.
“I ended my relationship with Rob, my partner of 17 years in November of ’08 and he remained living at the house until January and he then left and moved to a unit close to his work in January,” she said.
She said her estranged husband and her had custody of their children “one week on, one week off”.
Ms McHugh said she would see the accused in the evening and was explained with: “I need to work back”.
She said on the weeks she did not have her children she would see Baden-Clay three or four times a week and rarely on weekends.
“I had moved, he came to the Bellbowrie house a few times but then I ended up putting tenants into that house and I moved into the city in St Lucia and yes, he would come to my unit in St Lucia,” she said.
“I went to his house on two occasions.”
Source: The Guardian
Toni McHugh told the jury she would contact Gerard Baden-Clay by email, text and phone.
“For quite a long time we just used the work email but then it did change to the Bruce Overland email,” she said.
She said she couldn’t remember when that first happened.
Ms McHugh said staff at Century 21 eventually became aware of her affair with Baden-Clay.
She said a colleague confronted her with the fact that she thought “something was happening” between her and Baden-Clay.
“I was surprised about it, she picked it up. It would have been towards August,” she said.
She said she thought two partners knew about the relationship with Baden-Clay.
“I did have a function at my house in Bellbowrie with all the staff members and Allison attended and I attended John Bradley’s engagement party and I can’t, I think that Allison was also there at Phil’s wife’s birthday party,” she said.
Ms McHugh said Ms Baden-Clay rarely attended the Century 21 office at Kenmore.
She said the business moved premises to Taringa over Christmas 2010, and she continued to be in a relationship with the accused.
Ms McHugh said there were discussions with Baden-Clay about their future.
“It was up and down all the time, year after year, yes there would be discussions about having a future,” she said.
“Gerard was very adamant that he didn’t have a relationship with his wife, that he didn’t love his wife, but at the same time he was never, ever disrespectful or callous or spiteful, hurtful.”
She said they discussed him leaving his wife.
“Gerard was very fearful of Allison not being able to manage a separation or a divorce. He had voiced concerns about her mental strength… I was very aware of Allison’s depression from day one when Gerard told us all about her illness,” she said.
“He was very concerned that she wouldn’t handle it and that would impact on the girls.”
Ms McHugh said she was with Baden-Clay at a conference when they began openly discussing a car together but their conversation would also swing the other way, too.
“It was a rollercoaster,” she said.
She said the business was not running well and there was “a lot of stress” after moving to a bigger premises at Taringa and following the employment of a large number of inexperienced real estate agents.
“And the floods,” she said.
Ms McHugh said her relationship with Baden-Clay was seen as the catalyst for the business failing.
She said two partners left the business shortly afterwards and portions of the rent roll were sold between them.
Ms McHugh said she had travelled to interstate conferences together but had not “gone away” as such, beyond day trips.
“Immediately, as soon as Allison found out,” she said of the day she stopped working at Century 21.
She said she was in a staff meeting or sales meeting when Baden-Clay was called away.
“When I came back, he still hadn’t returned, and I asked one of the … I said does anyone know where G is and I was told one of the girls is not well,” she said.
“So I rang to see if everything was okay and that’s when Gerard said: ‘we need to talk, she knows’.”
3:50pm: Toni McHugh told the jury she met Gerard Baden-Clay at her unit in St Lucia to discuss his wife finding out about the affair.
She said the accused told her his wife found out at the school canteen, from a person who had known one of the former partners in the Century 21 business.
“It’s over. I said ‘I’m not going back to work’, I guess I reacted with disbelief at first,” Ms McHugh said.
She said they had been together for an hour when Baden-Clay told her the affair was over.
“I think we talked about that … that was the right thing to be doing,” she said.
Ms McHugh said she was angry the partner had betrayed the trust of both of them.
She said she tried to phone and text Baden-Clay and asked him to reconsider.
Ms McHugh said she started a new job at Ray White and was “starting to feel like I was accepting his choice”, roughly two or three months later.
She said Baden-Clay contacted her one Saturday morning, just before Christmas in 2011
“I was actually at work, I was driving to a property, and he rang, he said ‘It’s me, can we talk?’… yes I can meet you afterwards at a café,” she said.
She said they met at a coffee shop.
“He explained to me that he wasn’t ready to leave his wife but he was going to leave his wife and that he wanted me to know that,” she said.
“That he loved me and one day he did want to come to me unconditionally.”
Ms McHugh said she knew Ms Baden-Clay had started working in the business “pretty much from day one” since her departure.
She said she began to see the accused again, either in daytime hours, or in a very brief window after his wife had gone to collect his children.
“Phone calls, no texting and email,” she said.
Ms McHugh said she saw Baden-Clay almost on a daily basis, except for weekends, from that time onwards.
She said she last saw the accused at a coffee shop in Kelvin Grove.
“We talked about not seeing each other again,” she said.
“No longer actually meeting physically. It was too hard and I agreed, it was too hard.”
Ms McHugh said she was surprised.
“I questioned whether he was having doubts about being together and I asked him, I said if you need to be with your wife, if that’s the decision you are making, make it, say it,” she said.
She said he told her: “I am leaving my wife”.
Ms McHugh said she pressed Baden-Clay for information when he told her: “I will be out of my marriage by 1 July.”
She said were discussions between them about the future of the relationship but no formal plans were made.
Ms McHugh said she talked about living arrangements and would “entertain it but never really got practical with anything”.
The jury was shown an email Ms McHugh wrote to the Bruce Overland account, in which she told him she was “sick of being second best” and gave him an ultimatum.
She explained it was written when she was angry.
A second email on March 27, 2012 showed Ms McHugh was looking at rental properties.
The final email sent to Ms McHugh from the Bruce Overland account on April 3, 2012 said: “I have given you a commitment and I intend to stick to it – I will be separated by 1 July.”
She said she did not know why Baden-Clay suggested July 1.
“In actual fact I just didn’t believe it, I didn’t believe it at all,” she said.
Another email from the Bruce Overland account to Ms McHugh on April 11 was shown to the jury, in which was written: “I love you GG. Leave things to me now.”
She said she was angry a lot.
Ms McHugh will return to the witness box tomorrow morning
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