OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES
THURSDAY, 26TH JUNE, 2014.
A long line of people having been turned away
Baden-Clay will be “called upon”. He has the right to choose to not take the stand or call witnesses.
Interstate journalists have joined the Queensland media, with the trial being live streamed on large television sets.
Jury is walking in. GBC in same outfit, dark glasses, with a yellow spotted tie, emotionless, occasionally sipping from a cardboard cup, he is articulate.
COURT IS IN SESSION………
************* BREAKING NEWS ***************
Baden-Clay is going to give evidence under oath.
Byrne, “Gerard will tell the jury that he did not drive back to Kholo Creek having walked through the mud. He did not leave his girls alone. He will tell the jury he did not carry his wife’s body down the muddy slope”.
Byrne, “Gerard will give details of what did occur on 18, 19, and 20th April, 2012. Gerard will tell the jury about his relationship with Allison. Gerard will talk openly and frankly about the affair with TMcH and with other women. Gerard will tell the jury he planned to stay with Allison, and that he would not do anything to jeopardise his relationship with his daughters.”
Byrne, “Gerard will talk about Allison’s diary, with the questions crossed out where once she had asked and he’d answered. Gerard will tell how he and Allison drove to Mt Cootha together to discuss her questions. Gerard will say the relationship was never one of raised voices or violence, that when the affair was discovered, Allison called Gerard and said, “we need to talk.” When Allison found out about the affair, they met at McDonalds. Allison asked, “Are you having an affair?”. Gerard replied, “Yes, I am”. Allison stepped out of the car and sat on the kerb. Gerard got out and sat next to her and they then talked. He said that is how their relationship worked.”
Byrne, “Allison told Gerard when they were at McDonalds that he had a decision to make. “Her or me”. Gerard chose Allison, Allison said that there would be conditions and that Toni had to go. Gerard told people in the office what had happened and Toni’s desk was cleared. The affair wasn’t forgotten it was a sore topic. None of those months after the affair were discovered between them. On 19th April, 2012, “Things went as they did in the Baden-Clay household.” Both went to work, they chatted about children.”
Byrne, “We will go through phone records and Gerard will explain the calls.” Allison came home on 19th April and they talked about their days. Allison had some follow up questions about the affair from the night before. Allison was wearing pyjamas when Gerard went to bed. “He doesn’t know what happened, if she came to bed with him or not, or slept out on the lounge, he doesn’t know what happened, but as I’ve aid to you he will tell you in depth what happened and walk you through what occurred the next day and in the days following.”
Byrne, “He will say “Toni lost it” about the real estate conference, as it wasn’t unusual for Toni to be volatile.”
Byrne, “That night (Allison) got a hairdressing appointment. She goes off and does that. He has to go to a parent teacher night”
“There were phone calls between them”
“They get home, nothing untoward.”
“They sit down and they talk about it, what’s happened that day. They talk about cross country because Allison hadn’t been able to attend. They talked about the parent teacher meeting and they talked about the sleep over.”
“She had a few follow up questions from the night before.”
“He answered accordingly, and as you’ve heard him tell various people at various times he went to bed.
“Allison was in her pyjamas. She was wearing a check pyjama top and bottoms and thick socks.”
Byrne, “Defence will call a psychologist to give evidence, Dr Mark Shramm who will talk about self harm. A forensic toxicologist will also be called to the stand who will talk about serotonin syndrome.
Byrne, “The time lapse will allow the jury to see movement/volume of water and debris that is carried along Kholo Creek. The jury will see how plants and leaves could become lodged in her hair as she lay there.”
Footage: Time lapse photography of Kholo Creeks’ tide rising and falling.
Byrne, “Watch the amount of debris moving along the creek.”
Byrne, “Gerard never really connected with Allison’s family. A year later, Gerard proposed that he and Allison planned their life together and that they enjoy a lengthy overseas holiday, which was supposed to be the journey of a lifetime before they had children. They visited KL, the Maldives, and Western Europe. They were both high achievers. They worked in London. The both had volunteer positions at an International Scouting Centre in the summer in Switzerland, that they were excited about. They left for South America.
They had their vaccinations, including an anti-malarial medication, they were advised that there weren’t any potential side effects, as the medication is only concerning for people predisposed to mental health conditions.
Editor: Ohhhh what c&&&&PPPPPPPPP
Byrne, “Gerard will tell you that trip turned into an emotional roller coaster. Allison started to have severe mood swings, there were days when she wouldn’t leave her room. The next day Allison would be fine.
Byrne, “They travelled to Switzerland and stayed in the Alps, where there was heavy snowfall. Gerard will tell the jury that Allison reacted to threat of an avalanche and was in a deep depression. They came home at Christmas and were preparing to return to Switzerland; however, they were both offered jobs at home. Allison gave up work to have a baby, and Gerard was made redundant. Allison became “insular” and didn’t want to socialize as much, Gerard took on the role of looking after the household.
Gerard took a trip with his brother which had to be cut short to come home to Allison, there was not a diagnosis at this point. Allison was becoming worse. GBC was working from home in the garage in 2002, he said that she had panic attacks if he wasn’t in the house. Allison would faint during the panic attacks, she had one while driving, she passed out once she’d pulled the car over. They battled on as a private couple and wouldn’t talk about Allison’s condition, whatever it was.”
Allison had a miscarriage at the end of 2002 which didn’t assist her depression and ongoing panic attacks. They were both very happy when Allison fell pregnant again and they had another daughter. Allison phoned GBC’s mother for help and was referred to a doctor. The first time Allison consulted with a psychologist was in 2003, as “why would you?”. Allison was given Zoloft and continued to visit her doctor. Gerard had trouble understanding what was wrong and how to manage it. When Allison was pregnant with their second child, he decided to work in Real Estate. He would then by hope at 5:00pm every day for “Happy Hour”. Gerard would feed and bathe the girls and Allison would go to bed most days.
The real estate business won a local award in its first year. The business was going forward but his relationship with Allison was deteriorating. Allison “desperately” wanted another child, a son, as there weren’t any male BC’s, GBC didn’t. In the context of “that background” he had an affair with Michelle Hammond. Gerard was ashamed and got out of the affair and agreed to have another baby with Allison. Allison was excited about the pregnancy and things were looking up. Allison became anxious in her third trimester and went to see her doctor again. Gerard contacted the doctor to warn him that they were having another girl and Allison would be upset. Allison was almost shocked when she had the baby, a girl, but bonded with her.
Gerard borrowed money from a friend and decided to take on partners in the real estate business, with one of the partners being Phil Broom. At the time, Allison was throwing her energies into the children, and Gerard thought that it was great. The downside was that Allison was often tired. A third partner came on board, Jocelyn Frost. While the business was going well, the relationship was not.
GBC developed a closeness with colleague Toni McHugh which turned physical in 2008. GBC was flattered, being acknowledged. Gerard will acknowledge to the jury that he enjoyed the physical relationship. Toni then decided to leave her partner; however, she become more demanding, telling him he should leave Allison to be with her, that continued for about three years.
GBC told Toni that he would not leave his wife and three children. In 2009, the three business partners were in place. GBC enjoyed the excitement of the thrill of the affair but constantly wrestled with his conscience.
Allison started attending counselling sessions, GBC didn’t reveal the affair but they did begin to communicate.
Business was going well with new cars, holidays, designer clothes, anything seemed possible at that stage, it seemed that the money would never run out. The business partners decided that they needed more staff and a bigger office.
Things were going along fine, they were due to move to their Taringa office in December, 2010.
In early 2011 the business started to feel some financial pressures.
On the home front, things had become easier, there was a routine, Allison was feeling better. GBC was on the P&C was a board member of the kindergarten, he cooked and made lunches.
GBC went to a conference in Sydney and had a brief but sexual relationship with another woman.
The Taringa real estate office was set to open on 19th January with a sales team of 25, then the floods hit. It was a devastating event for a heavily staffed real estate office. Phil and Jocelyn wanted to put the business into receivership, Phil felt the pressure so he sold his share. That is when GBC spoke to his friends, he wasn’t asking for a handout, he wanted his friends to invest. GBC bought Phil and Jocelyn out for $1 each, both initially stayed on as estate agents. In September/October GBC received a phone call from Allison saying that she needed to speak to him urgently. Gerard confessed to the affair but told Allison that his decision was to stay in the marriage.
Gerard met Toni to tell her it was over and she, unlike Allison, “lost it”. Toni yelled, called him a lowlife, eventually he left and went back to the office and told his staff what had happened. GBC told them he’d had an affair with Toni and she wouldn’t be returning. GBC was relieved it was in the open. GBC told the school principal he’d had an affair and that it was back on with his wife. Allison told GBC if he was willing to recommit to the relationship, she would as well. GBC didn’t have any communication with Toni until Christmas, he wanted to tell her that he was sorry for the way things ended, they met for coffee. GBC and Toni continued to have some contact.
GBC downsized his car and sublet part of the office, Allison came to work in the business. GBC believed he and Allison were making strategic decisions together on the future of the business.
Gerard approached Bruce Flegg for money and Flegg said he didn’t have the money but to ask again. GBC was still optimistic, he was confident he would borrow money on time. Allison had the password for GBC’s phone, and would check his messages, calls and emails every day. Allison would take GBC’s phone when he arrived at home and would give it back in the morning.
Byrne, “Gerard and Toni resumed contact via text and email and occasionally met up. Gerard would appease Toni when she pressured him to leave her, he didn’t intend to leave Allison. GBC gave Toni a date but didn’t intend to stick to it, the last time they had physical relations was in late January, early February, 2012, he had recommenced his physical relationship with his wife.
After that, GBC and Allison attended counselling and his physical relationship with his wife resumed, after that GBC and Allison were in counselling sessions and agreed to the venting process, they had a go at it on the Monday night and revisited it on 18th April. GBC couldn’t go out at night so he would sit at home with Allison and talk. On 18th April, they asked NandEBC to babysit and they drove to Mt Coot-tha with the journal, where GBC answered Allison’s questions. “Were you scared of being seen? ” GBC responded with “Yes, I was always nervous. To put it bluntly the Prado was the car used by GBC for trysts with TMcH.
GBC told his wife that he would go to the cinema at the Barracks with TMcH because he didn’t think he’d be seen. Allison asked about whether TMcH felt bad because he was married, he said she did. GBC told her he regretted the affair very much indeed, he wished it had never started. Gerard will tell the jury he went to bed on 19th April, leaving Allison on the lounge in her pyjamas.
AFTERNOON OF 19TH APRIL
01. Hair appointment – Allison
02. Pick up girls from school – GBC
03. Taking turns to say goodnight to girls – Allison and GBC
04. Watched TV together that night and spoke about the next day’s plans.
05. Gerard had no memory of plugging in his phone to charge in the middle of the night. “The normal practice” was for Allison to have his phone at night.
06. Gerard didn’t tell Allison about Toni going to the same real estate conference the following day.
07. Gerard will tell the jury that he was in a rush and cut himself shaving.
08. As the morning progressed, GBC became concerned that Allison was missing, he texted her and then phoned his parents.
09. GBC tried to call the police three times that morning, he tried an officer he knew at Indooroopilly, a 1300 number and 000.
10. GBC promised the girls that their mum would be home by the time they were home from school.
11. GBC was happy to assist police, it wasn’t until his father said, “This isn’t like a missing person’s case” that the lawyer was called.
12. Police seemed to become more suspicious because GBC had spoken to a lawyer.
13. GBC tried to make Allison’s parents feel at home when they arrived, they appeared upset, understandably
14. Allison’s parents left with police to make statements.
15. GBC left the house when police made it a crime scene, both GBC and OW attended the command post.
16. GBC was advised to see doctors about the scratches on his face.
17. GBC didn’t have any knowledge on what happened to Allison.
18. GBC wasn’t feeling any particular stress at the time.
19. GBC thought the marriage counselling was positive.
Gerard Baden-Clay has been called to the stand.
Defence, “Is Allison June Baden-Clay your wife?”
Defence, “How long have you been married?”
GBC, “………….” (wrong answer?)
Defence, “Did you kill your wife?”
GBC, “No I did not.”
Defence, “did you dispose of her body and clean up afterwards?”
GBC, “No, we were planning on spending the rest of our lives together.”
GBC, “In my mind I did not have a relationship with Toni. I got the scratches when I was shaving. I wasn’t ever scratched by my wife.”
Byrne: “Did you fight with her on the evening of the 19th?”
GBC, “No I did not.”
Byrne, “Or the morning of the 20th?”
GBC, “No I did not.”
Byrne, “Did you leave your children to go to the Kholo Creek bridge?”
GBC, “Definitely not. Never.”
Bryne, “Did you ever do a clean-up of the house?”
GBC is listing his community roles. He is talking about meeting his wife when they were working at Flight Centre. Allison was “Miss Brisbane”. GBC is talking about working as an accountant before moving to Flight Centre. “I have a Bachelor of Business degree with a major in accounting. My Flight Centre Office was the number one in Queensland,” He spoke about Flight Centre’s core values. He said that he progressed from a sales consultant. “I did very well. I was regularly a top performer. In 1995 Flight Centre opened a 24 hour division and I was asked to start that as a national manager. Allison was on the floor above, she was Qld human resources manager. I was quite good with computers, Allison had a problem with her computer and I helped her. She had more and more problems with her computer. I played match maker with my now brother-in-law Ian, it didn’t work. I was pleased. We started dating that weekend. Allison’s mother’s family is large and they have a big Christmas. I remember meeting her family that Christmas.
I fell in love with her (he is crying, having broken down in the witness box).
I fell in love with her pretty much straight away, I felt a level of emotional attachment to Allison, far deeper than I’ve ever experienced before, she was the one. I felt so in love with her, I knew I wanted to marry her.
I spoke with my father about whether I should ask Allison or her father first, Dad told me to ask Allison. I proposed under the Eiffel Tower at Park Road at Milton. Allison was completely taken by surprise and asked for a week to think about it. She said “yes” after a week.
When we returned home, I dropped Allison at the shops and went to see her parents. I told them that we were getting married, and her parents were delighted. In 1996 we were travelling in New Zealand in a campervan. It was there that we came up with a business idea for personal development. We were married in Brisbane at a church in Kangaroo Point.
We had an opportunity to have an extravagant three month overseas honeymoon. We spent ten days in an exclusive resort in the Maldives. We had cleared customs, our families called down to us to say that Princess Di had died.”
Gerard is talking about their trip to Egypt, Spain, Portugal, Morocco, North Western Europe, The Netherlands, Germany and Switzerland. He is talking about the International Scouts Centre in Switzerland that he and Allison visited. He said that he had visited there before. “It is the most magical place in the world”. We applied for work there. We stayed with my grandparents while we found jobs in the UK. The job I found paid very, very, well and the job Allison found paid “hardly anything.”
Allison lived a “Monopoly Board” lifestyle in London, exploring and seeing shows. We stayed for six months before returning to Switzerland to work at the scout centre. It was fabulous, a wonderful experience, we flew home after two weeks for a friend’s wedding. It was that week in between that they visited the traveler’s medical centre for vaccinations. Neither of us had been to South America before and had never had to deal with malaria before. We decided to take Larium because it was a weekly dose. We were warned about risks for people with mental health problems. Allison and I looked at each other and said, “that’s not us”. The medication had no effect on me but a dramatic effect on Allison. We went on a truck tour where you camp and stay in hotels. It started in Rio and ended in Ecuador.
At that time, some of those places were pretty unsettled. We had travelled to unsettled places before. Allison was unsettled about the security in Rio, she was cautious and nervous. I’ve always been naturally protective of Allison, I remember her being anxious.
Editor: So? Rio can be dangerous – where is this heading?
The trip continued, Allison’s mood fluctuated, I didn’t really know what depression was, it wasn’t talked about. The truck tour was a fairly close environment, social activities all the time, playing cards and games. We stopped at a town and Allison couldn’t get out of bed at all. She was sometimes fully engaged and at other times completely withdrawn.
The next day she’d wake normally as if nothing had happened, I was delighted but confused. At the end of the tour we stayed with friends, I remember there was a day when Allison was normal, a day when she was not right. We were staying near an active volcano. I thought Allison was having trouble staying in a town near a volcano. I cared about her, I didn’t want to interrogate her, I just didn’t know what was wrong.
Another time on a yacht Allison became anxious and didn’t want to be involved in anything. (GBC is going on about other incidences).
Then she crashed , she got to a point where she was not good at all.” I took Allison to hospital where doctors said her mood-swings would abate after she stopped taking the anti-malarial drug Lariam. This is when we became aware that the medication could be causing the problem. After spending Christmas in the UK, we went back to the scout centre in Switzerland. It was a nine month position with “pocket money” pay. Allison initially seemed better, the area had the highest snowfalls in 100 years. We were in an area that was a high risk of avalanche. We were relocated to a hotel. Allison did not respond well to that situation at all, there were times I guess she had paranoia, that the sky was falling in. I covered her by saying she was not well, had a cold, a headache, that sort of thing.
She went off work for a couple of days, people died in avalanches in the area. I was looking at applying for the director’s position at the scout centre, we went off to do a training course.
We returned home for Christmas in 1999, while we were at home, we both were offered good opportunities at Flight Centre. I was asked to be involved in the internet side of the business as it was being developed. This meant our plans to return to Switzerland were put aside.
Allison is two years older than I, she was 31, 32, we would like to have a family. She was much better than she had been, she was pretty much recovered from those episodes. She was a little more fragile than she was before, she found things with work a bit stressful. As my job was so good, we could afford for Allison to stop working. We found a three bedroom townhouse near my parent’s home. In August, I was made redundant, my boss and I were the first Flight Centre people to be made redundant. At this point, both Allison and I were unemployed.
(Didn’t Allison say in her diary that she gave up her career for GBC?)
We both had a number of shares in Flight Centre, we sold a bunch of our shares on 11th September worried that the terror attack would hit the travel industry.
After the birth of our first daughter, Allison’s anxiety returned.
I had organized to lead an overseas tour and I was doing a remote first aid course when September 11 (2001) happened. Allison was not great, not right, immediately after that. It was a progressive thing, that became worse. I set up an office in our garage, Allison would have a panic attack if I left the house. Allison was desperately keen to breastfeed the baby.
I was doing everything in the home as Allison was in a depressed state that wouldn’t really enable her to do anything. I wired an intercom from the garage to the house so she could call me if she needed me. She would slide it across so that I could hear what was happening in the house.
If Allison was sleeping on the lounge, I could hear if the baby had woken up. Allison’s behavior became progressively worse in 2002. I visited my brother in Europe for a couple of weeks over Christmas, and I returned early. Allison was with her parents, I had a real sense that she wasn’t coping too well. Adam and I came home.
Despite his wife’s mental state Mr Baden-Clay said he agreed to travel overseas with his brother Adam.
Allison had a miscarriage soon after, she had become very, very, anxious. It came to a head when she told me that she was feeling very anxious and faint and I had to pull over on the side of the road. She passed out at the wheel. Our daughter, aged about one, was in the car. Allison felt very uncomfortable about driving anywhere so she stopped driving. She was very, very, nervous, even as a passenger.
Going to the airport was a real challenge. Allison was very keen to have more children, when she was pregnant for the second time she was flat. She spoke to my mum about how she felt, as she didn’t want to talk to her parents about it. I can tell you 100% why I didn’t tell anybody, I was protecting my beautiful wife.
Edit: Allison lost her baby……. of course she was upset.
Allison didn’t want to be seen as incapable. I asked Allison to see a doctor that mum recommended, Allison was five months pregnant with our second child. The doctor gave us a referral to a psychiatrist who had experience in depression relating to pregnancies.
I drove Allison for a long time to those appointments, probably a year. I attended her appointments with her for the first few months.
The doctor talked with Allison about her childhood anxiety problems, he had not been aware of them. Allison was a very gifted ballerina as a child and felt under considerable pressure. I was gun shy after the experiences with Larium when it was recommended that Allison begin anti-depressants. After discussing it together, we agreed with the doctor’s advice and Allison began on Zoloft. We were told that a possible side effect from Zoloft could be more anxiety and loss of libido.
It wasn’t immediate, but over weeks and months Allison did start to improve. She had less episodes of anxiety and panic attacks. The panic attacks were frightening. Her whole body would shake she’d lose control of her body. The depression was more Allison lying low, curled up and quiet. Over time this became less and less.
We both, Allison and I, believed strongly in the power of positive thinking. She got benefits from the doctor’s sessions, the medication and the feeling that we were doing something.”
With regard to income in 2001. “We weren’t taking business class trips around the world every couple of months and we weren’t moving forward” Gerard said.
This is the time when I decided to go into real estate and start making some decent money. My parents and I did a real estate course. I interviewed all the real estate agents in the area before deciding where to work. I worked locally to be available to Allison, I often had to drop everything and go home and help her. My parents and I sold homes in the area, we were very good.
COURT ADJOURNED UNTIL MONDAY AT 10:00AM
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