OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES
WEDNESDAY, 25TH JUNE, 2014.
Gerard Baden-Clay is wearing the same dark suit and glasses that he has worn thus far.
Dr Guymer retakes the stand.
Defence, “Is Cat’s Claw Creeper a common weed?”
Dr Guymer, “Yes, it is amongst Australia’s worst weeds. Leaves from the creeper can be carried long distances in the wind.”
Sergeant Greg Matthies, an officer from The Gap takes the stand.
Sergeant Matthies spoke with GBC at the command post.
The court hears a recording, Sergeant Matthies is asking GBC to take a seat. When asked how GBC is, the reply is “s**house”.
GBC, “I went to bed at 10pm the night before last, I wasn’t feeling great. I woke just after 6:00am and she wasn’t there. That’s not unusual, as she goes walking. I am a heavy sleeper and there is evidence that she had come to bed. When I went to make the bed, her side of the doona was folded back as well. She and a property manager were going to a conference yesterday and she was really looking forward to that. She had told me the night before that she wanted to leave the house at 7:00am. I got up and started doing my routine, you know, sH**, shower and shave. I checked my email on the toilet (he laughed). I was surprised that my middle daughter wasn’t up, I found her awake in her room. She said, “where’s mummy?” I started shaving, I was rushing and cut myself, which everyone is so concerned about. Then I asked our middle daughter to help me put a band aid on it.
I put Allison’s hot rollers on for her, she had had her hair done the night before and I knew she’d want to be looking her best. I sent her a text message saying nobody was up yet. I called Allison and no response. One of the girls suggested her phone might be on silent. I became concerned at 6:40am, there wasn’t any way Allison would be able to get ready for the conference in 20 minutes.”
Gerard explained Allison’s normal walking routes. The officer asked whether Allison ever walked up Boscombe Road. GBC said, “hardly ever, it is too steep. I became concerned, so I phoned my parents at Kenmore, I don’t remember what time, to ask if they had seen her. My father and sister drove over straight away in separate cars, Olivia went looking for Allison. I was dressed and ready to leave by that stage. My father made the kids lunch (he said jokingly). I drove the neighbourhood looking for her, I was just checking everywhere. If I were to have a bet, I would have said she’d done Gold Creek Road or just the school, get out, get back, quick. Allison had been trying to lose weight for the annual holiday with our friends. None of the roads have footpaths, Allison generally walks on the roads.”
Editor’s note: The roads do have footpaths, you have to cross the road to swap to one, but it does have a footpath. GBC is talking absolute rubbish.
Officer, “Is there someone Allison would confide in?”.
GBC, “Kerry-Anne Walker and Wendy Mollah, neither knew where she was.”
Officer, “Was Allison in a frame of mind where she would want to do anything to herself?”
GBC, “No. Allison has never self-harmed, has never talked about it, she loves her children.”
Officer, “Has there been some marital issues?”
GBC, “Can you keep your voice down please?”
Officer, “How was her mental state?”
GBC, “She’s been predominantly up, you know we’ve had our ups and downs, she’s predominantly up,”
Officer, “No issues with the kids, or the family, or the business?”
GBC, “We do and I’ve been through that, we have had our challenges and we’re working through them, including challenges with the business.”
Officer, “Thank you for being so helpful. We are trying to formulate a plan to search for her. It is difficult, we don’t really have a defined starting time. What was Allison wearing?”
GBC, “Grey pants, it has been cool in the mornings.”
Officer, “What are your plans for the day?”
GBC, “I just want to do whatever I can do. I have been told that I can’t join the search.”
Recording has finished.
Editor’s note: We know that a police officer said that he did not say that GBC cannot join the search. Who would listen to that comment anyway? Who? No-one!
Sergeant Brett Schnitzerling, police photographic section, has been called to the stand.
Sergeant Schnitzerling attended the forensic examination of the Captiva.
Photograph: Captiva parked facing carport.
Schnitzerling, “I photographed baskets of children’s toys in the rear of the car, where a third row of seats can be folded up. I noticed stains on the side of the car and alerted a forensic officer. I noticed stains when the seats were moved into the upright position. It seemed quite significant at the time. We put barcodes next to the stain and a blond hair attached to the stain. The stain was swabbed and the hair taken to be sent off for scientific examination.
Defence, “What sort of stain did you think it was?”
Schnitzerling, “At first thought I thought it was a drink stain.”
Acting Sergeant Kenneth Leitch, photographic officer has now taken the stand.
Sergeant Leitch also photographed the Captiva.
Photograph: Third row of the seats in the upright position.
Leitch, “I took the photographs in complete darkness with a long exposure to pick up luminol. If there is a reaction, the luminol with glow blue.”
Photograph: Blue glowing area of the side plastic trim inside the Captiva.
Photograph: Seats of Captiva in upright position. One can see blue with areas of blue trailing down.
Amanda Reeves, senior forensic scientist, Queensland Health has taken the stand.
Ms Reeves, “Half of your DNA comes from your mother and half from your father. I was given reference samples from Allison, her children and various family members. I was given Allison’s fingernails, which I swabbed underneath to test for DNA. What I found was an incomplete profile from one nail, so it was unsuitable for comparison. The decomposition makes it difficult to be able to obtain a DNA profile. I was also given the fingernails from Allison’s left hand. I received incomplete profiles which matched reference profiles. I received incomplete information from a second contributor under Allison’s nail, not enough to create a profile.
I examined Allison’s toothbrush and hairbrush but could not get an effective DNA sample from them, either.
I was given a swab from the stain in the Holden Captiva. It matched the DNA profile that I had from Allison. DNA from Allison’s brother, children and parents did not match the blood in the car.
I was given a piece of towel from GBC and Allison’s bathroom that had a stain on it. It matched GBC’s DNA. I was also given swabs from the ensuite drain, the sink, and the bath drain. Profiles were not successful or mixed.”
Defence, “What is the indication of a second profile on Allison’s fingernail?”
Ms Reeves, “Very low levels that indicated the possibility of another person”.
Defence, “We can have no confidence that there was a second contributor?”
Detective Senior Constable Cameron McLeod has taken the stand.
Detective McLeod was one of the principal investigators and the arresting officer.
Photograph: Map of Baden-Clay house and the Kholo Creek bridge where Allison was found.
McLeod, “It is 13km from the house to the bridge via the shortest route. The longest route is 15km. It takes 13 to 20 minutes to drive from the house to the bridge.”
Photo: Kholo Creek bridge. There is now a carpark that has been made where there used to be long grass.
Photo: Bridge area which is overgrown and muddy. This area has now been covered with road base.
Photo: Slope down to the bridge, which is steeper than it used to be as it has now been built up with road base.
Photo: Rear of the Baden-Clay house. Sergeant McLeod said that a lot of plants have been cut back.
Sergeant McLeod, “I was present when Gerard said that he had cut himself shaving, I asked Gerard for the razor. We drove him to his parent’s home, he went inside alone and brought out the razor wrapped in glad wrap. Police photographed various medications in Gerard’s house.”
Photo: Asthma puffers and antibiotics.
McLeod, “Allison’s phone wasn’t ever found, despite being triangulated to a 4km radius. We searched, including one property in particular, but nothing was found.”
Photo: Parts of Allison’s journal
Some pages relate to dates in 2010, Prosecutor, Danny Boyle is flicking through the pages. Some pages show drawings and scribbles that appear childish, as if drawn by children.
Journal entry: 18 April, 2012. Movies, drive together. How many time? What see? Dinner? Scared of being seen? Kiss/hug? Snowy?
Sit together? Layout of house? Couch. Bday. Had three, remember one. How pay for hotels? Did she ever say feel bad bc you’re married? How many people in office knew? How did that feel? Really hurt. Let me believe it was all my fault and therefore I was at your mercy. Forced me to look to you, think that’s where you wanted me.
Do you regret the whole thing or just being caught? Were you prepared to live with the guilt if I hadn’t found out? Laughed, why? Afterward, why so mean? Laughed at undies. Told me I smelt. Pictures, large portrait of her.
One of four emails between GBC and TMcH.
Photo: Court Exhibit
The journal ended: Dirty, I felt so dirty.
Court is told that the journal was found under the bedside table.
(The public are absolutely silent as Allison’s journal is being read).
Court: Call charge records are being explained by McLeod. Allison called her hairdresser at 4:38pm on 19th April.
McLeod, “At 5:03pm on 19th April, TMcH called GBC, the call lasted 415 seconds. At 5:15pm 19th April, 2012, TMcH called GBC lasting 573 seconds. At 5:25pm a call was made lasting 796 seconds, 5:15pm 573 seconds.
Judge, “Were there four separate phone calls?”
McLeod, “It isn’t clear”. Sometimes a call with drop out or it will connect to a different tower. On 19th April, at 6:26pm, Allison called Gerard for 29 seconds. There are some text messages from Gerard to Allison.
McLeod is discussing where GBC tried to call Allison.
McLeod is discussing the phone records where Gerard is calling his mother on 20th April.
McLeod is discussing phone records where Gerard called his sister on the day Allison went missing, 20th April, 2o12. More entries being discussed. GBC attempted to call Allison at 7:00am on 20th April, also from the home phone. GBC called friends, he also tried to phone the police station.
McLeod, “A command post was set up on 20th April, 2012, the search was extensive.
McLeod, “There is mention in the log of Mrs Apps being visited, nothing to indicate further contact.”
McLeod, “There was a large volume of information reported to the police as the result of media coverage. Only one person ever thought that they’d seen Allison. The lady came forward to say that she was the person who was spotted as Allison walking.”
McLeod, “The Prado was involved in a minor accident on 16th April, GBC was sideswiped by another vehicle.”
McLeod, “Police were notified at 11:00am on 30th April, 2012 that a body had been found. I went to the creek yesterday to look at various access points. There isn’t any water in the creek or another that crosses nearby. I viewed the creek from someone’s backyard.
McLeod, “There isn’t any access from the Wirraburra Road backyard as it is too steep. We drove to the scout camp 1.5km away and walked to the creek. Kholo Creek bridge area has dense foliage and it is fairly steep. The Kholo Creek area was not part of the search zone.”
Defence, “The bridge is close to where it hits the Brisbane River. Gerard was very helpful to the police.”
McLeod, “Yes, when I initially spoke with him”.
Defence, “After seeing a lawyer, Gerard visited the command post on the Saturday morning and spoke to an officer.”
McLeod said that GBC’s claims that he cut his hand while installing a light bulb at his friend’s property while helping him renovate were verified.
Detective Sergeant Chris Canniffe, Indooroopilly CIB, one of the lead investigators has taken the stand.
Defence is talking to Det Canniffe with regard to notes he made of conversations.
Det Canniffe asked GBC if the police could thoroughly search his house and was warned that it would be invasive and that the house would be a crime scene. GBC advised that it would be fine, he just wanted Allison found. Gerard advised that the police can do anything they want, he just wanted Allison found.
Detective Canniffe was the last Crown witness with 71 Crown witnesses having been heard from.
The Crown is now reading evidence that has been accepted by both sides:
1. The woman found at Kholo Creek was Allison Baden-clay.
2. GBC called 000.
3. The Captiva was purchased in February, 2012.
4. GBC drew the floor plan in TMcH’s home in Allison’s journal.
5. GBC’s mobile phone was plugged into its charger at 1:48 on 29th April, 2012.
6. The mobile phone was removed from the charger at 6:18am the following day.
7. Email messaged between TMcH and GBC’s synonym of the email account, Bruce Overland.
8. GBC contacted Asteron Life insurance company on 1st May, 2012 to determine how he could make a claim over Allison’s death.
9. Allison contacted an insurance broker on 17th April 2012, to reduce the sum ensured and the premium with respect to life insurance policies for herself and her husband.
Prosecutor, Todd Fuller, “Thank you your honour, that is the Crown case.”
The defence has raised a legal matter with Justice John Byrne.
Legal argument will continue this afternoon.
More of the case tomorrow, the jury has been sent home.
Up to date court photos as the trial continues:
Evidence of leaf material; GBC house:
Allison Baden-Clay disappearance in pictures:
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