OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES
TUESDAY, 1ST JULY, 2014.
CROSS EXAMINATION OF GERARD BADEN-CLAY TODAY
The public gallery, Court 11, where the trial is being held, is for family and friends only.
Thank you to GerbilHuntingSeason,who quoted:
“A fitting tribute to a man who asked his daughter to patch up his shaving cuts, don’t you think?”
HAPPY BIRTHDAY, DEAR ALLISON
Day 13 – third day of evidence for GBC, court will resume shortly.
Court – phone records.
GBC, “This is a call that Allison made to her hairdresser saying that she is on her way. Next call is phoning my mother after being finished at parent teacher interview to say I am on my way. A call at 4.57pm from a recruitment company calling me for a reference. Next call is Allison phoning me to touch base. Next call at 5.01pm is from Baden-Clay Real Estate to my phone, it is the office phone being diverted.
Two calls from Toni, it was a conversation where I told her that she would be going to the same conference as Allison. Toni was not happy that she and Allison would be together the next day. I had no concerns about it. There’d be hundreds of people there and Allison was not the confrontational type. Next call from office.”
Gerard is detailing more calls that are back and forth from the office.
GBC, “Next two called were from Toni, they were discussing the conference again. Toni was upset about it. She didn’t want to see Allison, she asked me to tell Allison, I never agreed to, and certainly never did tell her that Toni would be there the next day. I did not want to open a can of worms with Allison and reveal I’d been speaking with Toni. There wasn’t a guarantee that they would see each other anyway.”
Edit – Of course they would, a few hundred people is nothing!
GBC, “Next call is from Allison’s mobile to the home number, nobody answered. Next call is from Allison to my mobile, Allison was calling to say that she had finished her hair appointment.
Text messages from my father and sister.
I received a text message at 7.42pm from a woman named Sally about real estate matters. I sent a group email congratulating an employee on getting a new listing.”
Exchanges between Olivia and her husband Ian. Text from Gerard to his father, perhaps thanking them for looking after the children. Text from Olivia to Allison at 8.16pm, GBC thinks it was about plans for the sleepover the following night.
Another group text to staff members at 8.22pm about some of Allison’s successes that she told GBC about.
GBC, “At that time Allison and I were sitting on the couch, I might have been doing some ironing.”
Next call is from Allison to Olivia at 8.28pm probably about sleepover arrangements. Text from GBC to his father, probably continuing from the earlier group congratulatory email. Communication between Toni and her ex partner. Olivia’s husband to Olivia. Moved onto calls and messages from 20th April, 2012. The first listing might be GBC’s brother calling from Canada.
GBC, “6.32am is the first call I made to Al. Next call to mum and dad, at 645am I tried calling Allison’s mobile again.”
Next call is GBC calling his parents home phone. He is crying, he said that he’d not received a response from Allison, so he called his parents.
GBC IS CRYING AND SIPPING WATER, APOLOGISING.
GBC, “This phonecall is when I called my parents to tell them Allison hadn’t come home. I tried to call Indooroopilly police, my father and sister were coming over, I tried to call an officer I know. The officer didn’t answer, so I hung up.”
GBC is describing the conversation he had with his sister as she was driving the streets looking for Allison. He spoke to his father, Nigel said that he was on his way.
At 7:02am GBC tried phoning Allison again.
GBC crying as he describes getting Allison’s voicemail telling her to “please call.”
GBC said that he kept calling as he thought Allison was more likely to hear the ringing of the phone than a text.
A call from the home phone to Allison’s mobile. GBC thinks it was his daughters or his Dad at the house. Next call is from Gerard to his sister. They discussed what Allison would have been wearing.
Text to Allison, followed by GBC calling the lady who was to accompany Allison to the conference. The next call was between GBC and sister talking about whether it was too early to call the police.
Gerard is crying as he described calling the non-emergency police number. He hung up and called 000. Gerard called his sister to let her know that he’d called the police and was on the way home.
Call between GBC and Olivia, followed by a call between GBC’s parents. Calls from GBC’s father trying to get through to his mother. Further calls from the home phone to Allison’s mobile at 8:48am, it may have been a police officer. Calls between GBC’s mother and father.
Calls to Brookfield State School. Another call from the lady who Allison was to attend the conference with. Calls from the home phone to a friend of GBC’s and Allison’s. GBC phoned to let them know that Allison was missing.
Calls between Olivia and her husband, calls between GBC’s parents.
Call at 9:51am to Allison’s father. This was Gerard letting them know she was missing. Mr Dickie told GBC they’d come straight up. Gerard tried to call his friend Rob Cheesman, then his friend Peter Cranna. After calling his friends, GBC called Allison’s best friend Kerry-Anne Waller.
At 10.01am GBC called Brookfield State School and touched base with the principal.
GBC, “We’ve been living in our Brookfield rental home for five years. We had two children and then a third on the way when we moved in.”
JURY – Scale floor plan of GBC and Allison’s Brookfield home. There is also a site plan of the property, the plans are not being shown to the gallery. GBC is taking the court through the main bedroom and walk in wardrobe areas.
GBC, looking at the plans: “Allison slept on the right hand side of the bed and I slept on the left.”
“The girls’ bedrooms are all on the opposite side of the house, on the other side of the family/lounge area.
Photograph – GBC is pointing out the carport area. He said that two of the girls’ rooms are above the garage due to the way the ground slopes. The carport area is open on three sides.
Photograph – Front of house. Gerard is pointing out his daughter’s window which overlooks the carport’s roof.
GBC, “Allison had reversed parked the Captiva into the carport on 19th April, 2012.”
Photograph – House plans. GBC is talking that the carport under the house is used for storage.
Photograph – Aerial photo of Brookfield. GBC has located his house. He is using the aerial photo to show, in detail, the two main walking routes that Allison used.
GBC, “the first walking path is around the school, the second to the old people’s home. These were the routes Olivia searched more than once that morning.”
Defence is discussing the admissions made earlier in the trial.
FIRST ADMISSION – The first call Gerard made to an insurance company to ask how he could make a claim on Allison’s life insurance.
Gerard is crying
GBC, “The day before police had found Allison’s body. My father told me that I had an obligation. My father said that he had an obligation to inform the insurance company of her death.”
GBC denies that he was under financial and relationship pressures, that night, of 19th April, 2o12.
GBC, “The business was looking better. It is absolutely untrue that I wanted to leave my wife for Toni McHugh. I didn’t have any concerns that Toni and Allison would come together at the conference on 20th April. Allison was not confrontational.”
More lies, GBC said that the last contact with TMcH was January/February, 2012.
Defence has finished questioning Gerard.
Todd Fuller, “Mr Baden-Clay you deceived your wife for nearly four years didn’t you?”
Speaking loudly and forcefully, Mr Fuller stood at the bar with his hands folded in front of him. Mr Baden-Clay sat in the witness box responding to Mr Fuller’s questions in a hushed tones, prompting Justice John Byrne to request the former real estate agent speak louder. Mr Baden-Clay sat in the witness box with his hands folded in his lap
Fuller, “Gerard led Allison to believe things were over with Allison. Allison was not the only person Gerard deceived, as he deceived Toni as well. It was not a fantasy of Toni’s.”
GBC, “Part of it was a fantasy.”
Fuller, “I would like the emails between Gerard and Toni to be shown again. You’d given Toni a direct commitment hadn’t you?”
GBC, “I sent that email.”
Fuller, “Allison still had hope for the relationship, and was seeing a marriage counsellor. Allison had been working at their relationship, going to counselling for years. Behind her back, Gerard was giving Toni commitments.”
Judge directs GBC, “Answer the question.”
Fuller, “What did you mean when you emailed Toni saying, “this is agony?. It was too painful for you. The two of them couldn’t be together, that pains you both?”
GBC, “that is correct. I often told her things she wanted to hear to placate her.”
Fuller, “How did you think this was going to affect his volatile woman?”
GBC, “I hoped it would calm her.”
Fuller is talking about Toni’s panic attacks, her fainting at work.
GBC, “That is what she told me”.
Fuller, “I love you, those are words you said to her quite often. But you didn’t mean them?”
GBC, “I said those things to maintain the sexual relationship.”
Fuller, “In April, when you emailed that you love her, Toni was no longer in the business. You were no longer having sex. Why were you still communicating with her? Not for the business, not for the sex.”
GBC, “To placate her. I can’t remember why I told her I loved her on three occasions in the April communication.”
Fuller, “Did you want to resume the relationship in December, 2011?”
GBC, “No” (GBC said yes earlier).
Fuller, “The 1st July date you gave Toni about the date of separation was your wife’s birthday?”
Fuller, “You gave the same commitment to Toni at the coffee shop. Toni gave you an out that day.”
GBC, “I can’t remember.”
Fuller “Toni was quite reasonable. You couldn’t live without her could you? That’s why you went back to her. You told your wife you didn’t love Toni McHugh. You told the jury you were in it just for the sex. Why did you tell your staff you loved Toni McHugh?”
GBC, “Some of my staff had a relationship with her.”
Fuller, “You will say anything to get yourself out of a situation.”
GBC, “In this case I did.”
Fuller, “The way you are seen is the most important to you. You deceived people into thinking your relationship and business were a success. You didn’t advertise out the front that you had to sublease the office to an IT company, did you?”
Fuller is talking about GBC’s other affairs.
Fuller, “How did you chose to work for Raine and Horne?”
Fuller, “Did you have an affair with a woman from work after you left? So you took their business and then you had an affair with one of the staff.”
Fuller, “The Baden-Clays were entrenched in the Brookfield community. In return for GBC’s deceptions of various people, they gave him their loyalty. Allison protected his image, even though he cheated on her. Gerard says he can’t say what Allison was doing. Toni protected Gerard, didn’t tell people about the affair. Particularly after the breakup. He said she didn’t cause any trouble for him. The affair wasn’t common knowledge.”
GBC, “I told my staff.”
Fuller, “Gerard had misled his staff about the affair, he told them he loved Toni. The representation of Gerard’s life didn’t really have a ring of truth about it.”
GBC, “We were rebuilding.”
Fuller, “Gerard was deleting Toni’s phone calls, telling her not to text him, using a hidden email account. When were you going to be open and honest with Allison?”
GBC, “Potentially ever”.
Fuller, “There was a real risk that she was going to walk out.”
GBC, “Of course there was a risk. “Ultimatum” is too strong a word.”
Fuller, “She said choose her or me.”
Fuller, “Allison made Gerard put an app on his phone, she came to work in his office. She had taken Toni’s place.”
GBC, “She was at that desk, yes.”
Fuller, “Allison had to face all the people he’d told about the affair, the people he’d told he loved Toni. He didn’t tell staff he loved Toni McHugh, then he said he did to a couple.”
GBC, “I still disagree that my business was in trouble. We were well on the way to having it fixed. I liked to treat Allison as a princess.”
Fuller, “Did Allison tell you that she regretted marrying you?”
Fuller, “Did Allison tell you that she regretted travelling overseas with you?”
Fuller, “Gerard mentioned his well paying job and Allison’s low paying job in London. Depression was linked to the birth of the three children.”
GBC. “No, it stemmed from childhood.”
Fuller, “The only professional help Allison had overseas was to visit an outpatient doctor. They sought no professional help until Allison’s second pregnancy with their daughter. By 2012, depression issues were in the distant past.”
Fuller, “Let’s look at Allison dealing with finding out about your affair. There wasn’t any lying around on the couch.”
GBC, “Yes there was on occasion. She took it very, very, hard, numerous times lying on the couch, going to bed early.”
Fuller, “She was working three to four days a week, enthused about work, involved with the children. You don’t believe depression is an illness?
GBC, “Not at the start.”
Fuller is reading GBC’s comments from a psychologist where he says, “I don’t believe in depression being an illness.”
GBC, “In the past I believed that. Allison had a number of panic attacks, I was working from home at the time.”
Fuller, “You hadn’t stayed home because of Allison, you’d been made redundant.”
During the second pregnancy Allison visited Dr George and was put on antidepressants. She went off the medication and only went bac on when she fell pregnant again. There were no issues after that.”
GBC, “There were ongoing issues”.
Fuller, “Do you believe that the three years with Toni were a relationship?”
GBC, “It was an affair.”
Fuller, “What was it between December 2011 and April, 2012?”
GBC, “It wasn’t an affair.”
Fuller, “Why did you call Toni to ask whether she had told police about the affair?”
GBC said insistently, “I told Toni to tell police everything”.
Fuller, “What did you do to end things with Toni on numerous occasions?”
GBC, “On one occasion I sat her down and ended it.”
Fuller, “She was in the business then, was volatile. How did you find the strength to do it then and not later?”
GBC, “I had been pretty clear with the court. I had the strength to end it and the weakness to go back into it.”
Fuller, “Did Allison ever see Toni after finding out about the affair?”
GBC, “They saw each other a the gym.”
Fuller, “Why did you take Toni to real estate functions instead of your wife?”
GBC, “I can’t think of any.”
Fuller, “What about the real estate conference in Sydney?”
GBC, “I invited Toni”.
Fuller, “You invited Toni the day after sleeping with someone else.”
Fuller asks GBC about the other woman.
GBC, “We discussed sleeping together prior to the conference.”
Fuller, “Why did you need that woman when you were already having an affair with Toni?”
GBC, “Maybe I was trying to end it.”
Fuller, “You invited Toni, she stayed in your room, it is unlikely you were trying to break up with her.”
Fuller, “You sold the cars, you got rid of the Lexus as you were under financial pressure.”
GBC, “The financial pressure wasn’t significant.”
Edit: Is anyone getting tired of GBC? lol
Fuller is reading out all of GBC’s loans at that time from friends and family.
Fuller, “You weren’t able to pay interest to your three friends, the Westpac loan and the family loans. You were going backwards.”
Fuller, “You were paying off the rent roll, you had to, it was your regular income.”
GBC, “That is correct”.
Fuller, “Sales were up and down, the rent roll was guaranteed. It was important to you to hold the rent roll because you wanted to control the business.”
Fuller, “Your friends loosened the reins on the business after Allison began working there.”
Fuller is talking about Allison becoming general manager of the business and restricting his night time meetings.
Fuller, “Allison clearly believed that the affair was over. You went back to Toni as you were concerned about her?”
GBC, “That is correct.”
Fuller, “You lost your freedom, didn’t you? Before you could see Toni at work, you could stay back late. That was all gone.”
(edit so much for Angel GBC racing home to help Allison)
Fuller, “Up until then you had the best of both worlds. You had Allison at home your lover on the side. Toni was under your spell. She was vulnerable from her own relationship troubles.”
GBC, “I didn’t think of her as vulnerable”.
Fuller, “You had been to Toni’s house and had sex with her there, plus the unit she later moved into. You had sex in your car, you went to dinner and the movies. You attended an conference in Sydney. Toni McHugh genuinely cared for you, didn’t she? She loved you? You responded by telling her that you loved her and that you’d be together.”
GBC, “I did say that. The only date I gave her was 1st July.”
Fuller, “You spoke about a car that would fit your children and her children.”
GBC, “I don’t remember that”.
COURT – Email between Toni and Gerard.
GBC, “That is her instigating something.”
Fuller, “It is clear that you had talked to Toni about moving out and finding somewhere to live.”
GBC, “She was constantly trying to put additional pressure on me.”
Fuller, “Toni put pressure on you right up until 19th April, you said Toni told the court she hadn’t believed you. You never told Allison that you’d told Toni that you loved her.”
GBC, “Yes, I did.”
Fuller, “You were resistant to talking about the affair when advised to by the marriage counsellor. There was nothing on Allison’s list about Toni coming to the house. You didn’t tell Allison about Toni coming to the house,”
GBC, “Yes I had”.
Fuller, “Allison didn’t have any issues sleeping in the house, she had issues with driving the Prado because you had had sex in it.”
Gerard asked for more water.
Edit – things are getting sticky, body language – dry throat…
Fuller, “When did you first tell Allison that you didn’t love her?”
GBC paused, “I can’t remember I did tell her that once, please forgive me, I’m just trying to recollect for you.”
OH BROTHER!!! (EDIT)
GBC, “I think it was in 2009 when we went to see Dr Tom George. I further discussed it with Allison, I still loved her but I didn’t feel in love with her.”
Fuller, “You told Toni McHugh that you didn’t love your wife, didn’t you?”
Fuller, “You met with Toni and said that you were going to leave your wife but you weren’t ready yet”.
GBC is being asked to comment on – he can’t totally recollect.
Fuller, “You were there to check on Toni’s welfare, you did that by telling her that you loved her. You told Toni that one day you would come to her unconditionally.”
GBC, “It was in a response to something she’d said.”
Edit – don’t you love the perfect recollection when it suits GBC and lack of memory when in a sticky situation?
Fuller, “You communicated on an almost daily basis, telephone calls, the Bruce Overland email account. On occasion you would see each other, but under the new regime it was more difficult. You told us you had sex with her, why did you do that?”
Gerard pauses, “One occasion was after meeting for coffee, after they sat in the car to talk longer. How much sordid detail am I expected to give you, your honour?”
Fuller, “I didn’t ask for detail, I asked why you’d had sex.”
GBC, “It wasn’t sex as in intercourse, I don’t know if I can really answer that question.”
Fuller, “You were sexually intimate on more than one occasion, you had regular contact. On 19th April, 2012, you were speaking on the phone to talk about how your days had gone. Did you regard that you were in a relationship with her?”
GBC, “No. I was trying to assist her in ending any idea that she had that there was any future with me. I wanted Toni to be the one to tell me where to go.”
Fuller, “So why didn’t you end it with Toni McHugh? Who was more important to you?:
GBC, “Allison, absolutely.”
Fuller is asking about a session with the marriage counsellor, Carmel Ritchie.
Fuller, “You told Carmel from the outset that Allison didn’t trust you. That is when you were involved with Toni behind Allison’s back. You were resistant to listening to Allison. It was regressing.”
GBC, “No. I didn’t want Allison bringing up painful things. I felt for Allison, it was unhelpful.”
Gerard is explaining that mental illness is very difficult because you can’t see anything, you can see a broken leg. Carmel convinced me it was beneficial in the long run.”
Fuller, “They were there because of your affair and you resisted the counsellor’s suggestion that would help Allison heal. Did you agree to placate Allison, the counsellor?”
GBC, “I wasn’t having an affair with Carmel Ritchie and I wasn’t having an affair with my wife.”
Fuller is talking about the meeting in the coffee shop with Toni.
Fuller, “Toni told you that if you needed to be with your wife, to tell her.”
GBC, “No, I will be leaving my wife. I am being asked to comment on something I can’t remember.”
Fuller, “You said that you will be out of your marriage by 1st July, which is a matter of weeks before Allison’s disappearance.”
GBC, “As it transpires, yes”.
Fuller, “Toni told you if you wanted to be with your wife, fine, but tell her one way or the other.”
GBC, “I don’t remember that. I remember telling Toni that I needed to end the physical contact.”
Fuller, “You told Allison that you didn’t love her prior to the appointment with Dr Geoge on 3rd June, 2009.”
Fuller, “You told Dr George about the issues with your marriage, you didn’t mention the lack of sex.”
GBC, “I complained about Allison telling herself that she didn’t have depression. I complained that Allison left things to me when I was home.”
GBC agreed that he was frustrated with Allison’s dependence on him.
Fuller, “You told Dr George that you were under severe financial pressure and you were frustrated that Allison bought a treadmill.”
GBC, “Interestingly, financially, things turned around after that. I didn’t mention the affair, I didn’t want to put pressure on Allison to have sex with me. Allison had put on weight and had low self esteem. I didn’t want to pressure it. It sounds pathetic.”
Fuller, “Do you remember what happened on Allison’s 40th birthday in 2008? Did you write about it? You wrote a blog at times? What about the November, 2008 entry?
GBC, “I don’t remember. I wrote one about my favourite day of t he year.”
Fuller, “Unless it was your wife’s birthday?”.
Fuller is reading the blog aloud, talking about Gerard taking over wife duties when Allison was away.
Mr Todd Fuller turned his attention to a blog written by GBC about his wife’s 40th birthday when Allison visited a health spa for a week.
Mr Fuller read from the blog, “The past week I have been trying to do my best impersonation of my dear wife, and struggling.”
(The court had previously heard GBC claim his wife left most of the household duties to him due to her battle with depression.
He told the court that Allison would go to bed, as soon as he arrived home from work, leaving the tasks of making dinner and putting the children to bed to him).
GBC laughed and said, ‘honestly’.
GBC’s defence barrister Michael Byrne QC raised a matter with Justice John Byrne.
The jury was excused from the courtroom.
Adjourned until 2.30pm for lunch.
Court has resumed – there is legal argument.
Will report when jury returns.
Court is in session.
Fuller, “You went to see a doctor in 2010 at Allison’s request, you didn’t say anything about the affair then.”
Talking about Allison’s journal and the questions Allison asked GBC on 18th April.
Fuller, “Was Allsion happy about the birth of the nephew?”
GBC, “Allison went to bed as soon as we got him.”
Fuller, “You didn’t tell the police about the questions Allison asked you on 18th April.”
GBC, “I wasn’t asked.”
Fuller, “That would have been important to tell them.”
GBC, “No, not necessarily. I was upfront with police about the issues in my marriage.”
Fuller, “You told police Allison had a history of depression and was being managed by medication. You were asked if you and Allison were estranged.”
Fuller, “You told police that there was other information but you didn’t want your father to hear, you wanted to talk in private.”
Fuller, “You told police the affair had ended in the previous September.”
GBC, “At that point in time I was concerned only for my wife. At any moment I anticipated that she’d be back”
Fuller, “Why did you call Toni to ask whether she had told the police that you were back together?”
GBC, “In my mind, I did not believe that we had a relationship.”
Fuller, “You were asked about whether anything in the counselling session with Carmel Ritchie would have upset your wife. You didn’t raise that they’d been through Allison’s list of questions.”
Allison’s journal – court document
Fuller, reading from Allison’s journal, quoting Allison, “I’m really hurt, you had so many opportunities to tell me. Let me believe it was all my fault. Forced me to bow to you. Think that’s where you wanted me. Were you prepared to live with the guilt if I hadn’t found out. I was different, laughed, why?”
GBC, “Allison never asked me that question”.
Fuller, said that Allison wrote in her journal, “Laughed at undies, told me I smelled.”
GBC, “I was never asked.”
Fuller, reading from journal, “I couldn’t go back to her even if I wanted to. Gerard denies that was something he said.”
Fuller asked Gerard about Allison’s 40th birthday. “Allison and her best friend Kerry-Anne Walker went away for a week. What did she mean “afterwards so mean?”
GBC, “Umm, I don’t know. Allison and I recommenced our sexual relationship in February that year and it was very awkward initially. There were occasions at the beginning where Allison was very self conscious. She thinks I was laughing at the underwear she was wearing, that’s not true.”
Fuller, “What about saying she smelled?”
GBC, “One time neither of us had a shower, I told her she should have a shower.”
Fuller, “Those questions were asked on 19th April, not 18th April.
GBC, “That’s not true.”
Fuller, “That is what you told the police.”
Fuller, “You said that you were both only gone to Mt Coot-tha for 30 to 45 minutes on the night of 18th April and were happy when you got back.”
Fuller is asking about the calls Toni made to Gerard on 19th April.
Fuller, “Toni called once, the call lasting seven minutes, again at 5:15pm for ten minutes. Another call at 5:25pm for 13 minutes. That is 30 minutes that you spoke. Toni had just started a new job. She’d spoken to you about that during the week. This was going to be a major issue for you, wasn’t it? Toni being at the conference?
Fuller, “Toni was volatile. Running into Allison at the gym had caused Allison to have flashbacks. Toni “lost it” when she found out that she and Allison both would be at the conference. She yelled at you, she was quite aggressive, but you didn’t think anything would come of that the next day.”
GBC, “She was volatile with me. I had no concerns about their being issue with Allison.”
Fuller, “Wasn’t Toni capable of confronting Allison?”
GBC, “She wouldn’t have. Toni had these explosive moments and then she calmed down. Overnight she would have dealt with it.”
Fuller is referring to the email where GBC gives Toni the 1st July date.
“Leave things to me now, I love you. (then pet names for each other).”
Fuller, “No risk at all, that if they came together, she would have said something to your wife?”
GBC, “Didn’t even enter my mind.”
Fuller, “You agreed earlier that you didn’t want Allison finding out if you were talking to Toni again because it could end your marriage.”
GBC, “I didn’t agree with that earlier, it would be detrimental to our rebuilding.”
Fuller, “No fear at all of those two ladies coming together. All Toni McHugh had to say is, “here the email your husband sent me, saying he loved me”. She could have produced the email saying I am going to separate from my wife by 1st July. Allison had forgiven you once, would she have forgiven you again?”
GBC, “It never crossed my mind as being a risk.”
Fuller, “Toni called you from the conference to say she hadn’t seen Allison. Next communication was the following day when you rang Toni.”
GBC, “By that time I’d spoken to a lawyer and had been warned police would be speaking to people. I called Toni to forewarn her and told her to tell the truth.”
Fuller, “Toni McHugh had nothing to do with Allison’s disappearance”.
GBC, “I don’t know, I presume not. In my mind, I had no relationship with Toni at that point but she might have thought we did.”
Fuller, “When you called Toni on 20th April, you told her you loved her”.
GBC, “That is what she needed to hear.”
Fuller, “You told police this affair with Toni had come to an end to distance yourself from her.”
GBC, “Yes, I expected you to say tat and it’s not true.”
Fuller, “Why did you meet with Toni in Fortitude Valley after Allison disappeared?”
GBC, “I wanted to communicate with her face to face, she’d found out about the other women.” (GBC names the ladies and said that the affairs were meaningless. “I wanted her to not do anything silly I suppose. I worried about her.”
Fuller, “You were only worried about yourself.”
Fuller is asking about GBC’s phone.
Fuller, “Where was your phone when you picked it up on the morning of 20th April, 2012?
GBC, “It was plugged into charge on my bedside table.”
Photograph – Gerard and Allison’s bedroom. The photograph shows a treadmill down the right hand side of the bed.
Court exhibit. Notice GBC claims his side of the bed is where the feminine photo is, not where there are those white earphones for talking on the phone that GBC uses, where the charger is. There are books under the bed that I feel is the feminine side and Allison’s side.
Fuller, “Did you make the bed?”
Fuller, “Did you tidy?”
The photograph shows a narrow gap between the treadmill and the bed.
Fuller, “Your phone was on the treadmill side.”
GBC, “I didn’t put it on the charger.”
Fuller, “What was the state of the bed when you woke up?”
GBC, “I hadn’t thought about it when first asked by police. It’s hard to say whether Allison’s side looked like it had been slept in.”
Photograph, Court is being shown different angles of the room, Allison’s dresser, and her walk in robe.
Fuller, “Did you see Allison’s pyjamas anywhere when you woke up.”
GBC, “They are not in the photo.”
Edit – slimy answers.
Fuller, “This may have given you an indication if she had gone walking. You told her mother that Allison slept in the same bed as you? Were you the one who connected your phone to the charger at 1:48am?”
GBC, “I didn’t”.
Fuller, “I suggest to you that you did in fact have your phone.”
GBC, “You can suggest away, I did not. I woke up and checked my phone, checked my emails.”
Fuller, “You’d only owned the Captiva for eight weeks. Allison hadn’t complained of injuring herself.”
GBC, “I hadn’t noticed any injuries, I hadn’t noticed a chip on Allison’s tooth.”
Fuller, “Where did you normally charge your phone if you handed it every night to your wife?”
GBC, “If we went to bed at the same time, she’d give it to me at night to charge.”
Fuller is asking Gerard about his injuries.
Fuller, “What caused the injury to your hand?”
GBC, “A screwdriver.”
Fuller, “I suggest to you that what happened to your face wasn’t a shaving injury. It was your wife’s fingernails when she was struggling with you.”
GBC, “That isn’t true.”
Fuller, “It was a significant injury to your face.”
GBC, “It was a couple of cuts to my face and they were visible.
Photograph – scratches on GBC’s face.
Fuller is talking about the plants growing in the garden. The Crepe Myrtle leaves all over the ground, the Cat’s Claw Creeper.
GBC, “I’m not a botanist.”
Fuller, “You told police that they were “On the bones of their arse.”
GBC, “We weren’t flush wish cash.”
Fuller, “You hadn’t bought luxuries like razor blades for some time. ”
Fuller, “You chose who you wanted to work for you.”
Fuller, “You wanted to show the Flight Centre model of setting up lots of stores.”
GBC, “They changed strategy”.
Fuller, “You brought in two partners.”
GBC, “I didn’t want partners initially.”
Fuller is taking GBC through the business, when it was making money, when it wasn’t.
Fuller, “Was buying the Lexus was a sound fiscal decision?”
GBC, “Not it wasn’t.”
Fuller, “Did the business have many assets?”
GBC, “Aside from the furniture and rent roll, nothing”.
Fuller, “Did you liquidate your assets in 2011 to contribute to the business? Instead your borrowed $90,000.00 from three mates. They were looking at closing doors in 2011.”
GBC, “My partners were, I wasn’t. The 2011 floods knocked us around.”
Fuller is arguing with GBC about the partners participation in the business after they left.
GBC, “Jocelyn owned 50% of the rent roll and stayed involved.”
Fuller, “What was she doing?”
GBC, “It wasn’t an active roll.”
Fuller, “Jocelyn had gone to work for someone else. You didn’t want to be tied to her anymore.”
GBC, “I wouldn’t say that. I wanted to have control of the rental business.”
Gerard is being asked about his agreement with his three friends regarding their $90,000.00 loans.
GBC, “There were still to determine the terms in April, 2012, even though I had already been leant the money.”
Fuller, “This is despite their due diligence and investigation of the business financials before they gave you the money? Phil and Jocelyn paid $25,000.00 each and in return they received a third share of the sales side, a quarter of the rental side. In November, 2011, the rent roll agreement was struck.”
GBC, “I had been having conversations with Century 21 owner Charles Tarbey as well as the banks with regard to the buying out of our rent roll. At that time I hadn’t been able to borrow from a financial institution. Charles Tarbey couldn’t lend me money so we altered the contract to vendor funding.”
Fuller, “You had bought out the rent roll for $300,000.00 and had only given yourself three weeks to find the money. You didn’t have any prospects of raising the money. You had already borrowed $270,000.00 from your friends. That is when you turned to Bruce Flegg.”
GBC, “He was one of the people I spoke to.”
Fuller, “You were unable to meet the contract for the rent roll.”
GBC, “There were extensions and then variation.”
Fuller, “You had to pay a 10% deposit and the rest by June, with a discretionary extension to September. Why didn’t you just set the date for September? You had to pay interest to the partners, every month that passed was going to cost you more money.”
GBC, “If I missed a payment the business would revert back to its original shareholder. I could have departed the business relatively unscathed.”
Fuller, “That would have left your friends without the money they’d loaned you.”
Fuller is asking about the conversation, asking to borrow money, between Sue Heath and Dr Bruce Flegg.
GBC, “Dr Flegg wasn’t able to assist then, but he said I could contact him later.”
Fuller, “You took Dr Flegg outside in January, 2o12 to accuse him of telling people that your business was in trouble.”
GBC, “Dr Flegg was shocked I would suggest such a thing.”
Fuller, “You had told Flegg that you didn’t want any more equity partners”.
GBC, “I wanted to maintain the profitability.”
GBC is giving a different account of the phone call to Sue Heath.
“GBC, “Sue told me Flegg didn’t have the money to lend and I know full well that he did. I cried when Sue asked me how I am, I was touched.”
Fuller, “The June deadline for the rent roll was approaching.”
GBC, “It was always about the end of September.”
Fuller, “Did you tell Toni McHugh that you were considering selling the business? Wasn’t that on the 19th? That was a fairly dramatic step, wasn’t it?
GBC, “I was trying to placate Toni, trying to calm her down.”
Fuller, “She wanted to meet you, didn’t she?”
GBC, “Yes she did. I wanted to placate Toni by saying that I would sell the business while saying that I couldn’t meet with her. I wouldn’t have indicated to Toni that I was going to go bankrupt.”
Fuller, “Have you been to Kholo Creek?”
GBC, “I have driven over it. If you’d asked me where Kholo Creek bridge was before April, I wouldn’t have been able too tell you. I didn’t know exactly where the scout camp was.”
Fuller is asking again about the morning Allison disappeared.
Fuller, “It had gone past the point of her falling over somewhere by the time police arrived.”
GBC, “Allison’s falling over, and being knocked unconscious, was foremost in my mind.”
Fuller, “One possibility is that she might have taken off.”
GBC, “I was asked questions about that.”
Fuller, “There would not have been anything suspicious in those questions. One possibility would have been that she was abducted on her walk.”
GBC, “There were innumerable possibilities.”
Fuller, “You told the police about the affair, that you had spoken about it the previous evening but there was not a fight. There were some questions about your face. You volunteered to some officers what had happened.”
GBC, “I said to the police, “Why aren’t we out looking for Allison?'”.
Fuller, “The furtherest thing on your mind was that Allison had committed suicide.”
GBC, “I was not at the forefront of my mind.”
Adjourned until 10:00am tomorrow.
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