Book released on Allison Baden-Clay’s murder and previous fiance Ian Drayton

Hello everyone, it’s been some time since we’ve heard any news about Allison BC’s untimely death, with her husband GBC now languishing in a Brisbane jail convicted of her murder until his appeal sometime in 2015.  This is interesting news in a book released by David Murray, Courier Mail crime and courts editor entitled “The Murder of Allison Baden-Clay, all Marriages have their Secrets”.  Apparently Allison was engaged to Ian Drayton – “a soldier-turned-scuba instructor who fell in love with her in 1990 when they both worked on Heron Island.”   Allison was considering resuming her relationship with Ian when she met GBC, and the rest, sadly is history.  I’m definitely going to read this book as it throws light on previously unknown facts.

An exerpt from the Courier Mail article “Allison and Drayton bought a home and an investment property. They had been together for more than five years when they decided to split.

“There were no blazing rows. They simply drifted apart,” Murray writes. “Drayton, devastated, quit real estate and went back to the Great Barrier Reef to nurse his wounds, this time to Lizard Island … where he returned to work as a dive instructor.”

After another short, failed romance with a dentist, Allison was back in contact with her former fiance.

She was deciding whether to resume the relationship when she met Gerard, who also worked at Flight Centre.

The moment Allison chose the man who would end her life, has also been detailed.”

http://www.couriermail.com.au/news/queensland/baden-clay-book-reveals-details-about-allisons-first-fiance-and-how-her-husband-expected-an-early-arrest/story-fnn8dlfs-1227136251582?sv=4cbb946092b6f8e90559acbc852a320&utm_source=Courier%20Mail&utm_medium=email&utm_campaign=editorial&net_sub_uid=76152410

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NIGEL BADEN-CLAY – NOW WE KNOW “WHERE IS THE MONEY” (New Posters Welcome)

THE father of convicted wife murderer Gerard Baden-Clay is at the centre of a prison drug test controversy after a jail scanner inexplicably found traces of cannabis on his clothing on four separate visits.

The Courier-Mail can reveal Wolston Correctional Centre ION scans, which test shirts and pockets, have repeatedly found “presumptive” traces of Tetrahydrocannabinol (THC), the active ingredient in marijuana, on Nigel Baden-Clay’s clothing.

Nigel Baden-Clay: positive test from prison scanner.

Nigel Baden-Clay: positive test from prison scanner. Source: News Limited

It is understood the test results have stunned the straight-laced grandson of Scouts founder Lord Robert Baden-Powell and his family, and surprised even police who investigated his son’s crime.

Asked by The Courier-Mail if knew the reason tests would come back positive Mr Baden-Clay responded: “No, of course I have no reason why.”

The positive tests from the ION scanner at the prison can be picked up from a person innocently touching or brushing objects – such as by handling money or catching public transport and The Courier-Mail does not suggest Nigel Baden-Clay uses or handles marijuana.

Positive tests force visitors to have non-contact visits, which means a glass wall separates visitors from inmates.

Gerard Baden with his father Nigel in 2012.

Gerard Baden-Clay with his father Nigel in 2012.

 

Prison sources said three positive results in a row usually spark a three-month ban on contact visits, allowing only non-contact sessions, however this had not happened to Mr Baden-Clay.

“I find it very strange, it appears he has been allowed preferential treatment,” a prison source told The Courier-Mail.

The first positive test occurred during a visit on August 14 and he inexplicably returned positive tests again on August 21 and 28, as well as on October 9.

When contacted Mr Baden-Clay asked for the source of the information about the positive tests.

“My take on the whole thing is that it is actually none of your business,” he said.

“I’d like to know why you consider it necessary to publish this?”

The family’s lawyer Peter Shields last night said the tests were presumptive.

“The family have done nothing wrong,’’ he said.

Queensland Corrective Services would not discuss the case for privacy reasons but a spokeswoman said bans on contact visits were at the discretion of the jail boss.

Gerard Baden-Clay, a former real estate agent, was this year sentenced to life in prison after a jury found him guilty of murdering his wife Allison.

He was visited by his parents the day after his conviction and they regularly travel to Wolston to see their son.

Nigel Baden-Clay’s wife Elaine also asked for sources of the information and said: “I would encourage you just to think long and hard about what you are doing.

 

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 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

Donate to the Baden-Clay children | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

ROBIN WILLIAMS DIED (New Posters Very Welcome)

 

Robin Williams: Actor found dead in northern California home aged 63

Actor and comedian Robin Williams has been found dead at his home in northern California.

In a statement, Marin County Sheriff’s Department said officers had been called to the 63-year-old’s house at 11:55am on Monday (local time) after he was found unconscious and not breathing.

He was pronounced dead shortly afterwards. The Sheriff’s Department said an investigation into his death was underway, but that it appeared to be suicide.

The Oscar-winning actor was known for roles in acclaimed films such as Good Morning, Vietnam (1987), Dead Poets Society (1989), Good Will Hunting (1997), Mrs Doubtfire (1993) and Jumanji (1995).

Williams’ widow, Susan Schneider, released a statement, saying: “This morning, I lost my husband and my best friend, while the world lost one of its most beloved artists and beautiful human beings.

“I am utterly heartbroken. On behalf of Robin’s family, we are asking for privacy during our time of profound grief.

“As he is remembered, it is our hope the focus will not be on Robin’s death, but on the countless moments of joy and laughter he gave to millions.”

Williams struggled with depression and addiction and entered a Minnesota rehabilitation centre last month.

His representatives at the time said Williams was not using drugs or alcohol but had gone to the centre to “fine-tune and focus” his sobriety after working a longer-than-usual schedule.

“Robin Williams passed away this morning. He has been battling severe depression of late,” publicist Mara Buxbaum said in a statement shortly after his death.

“This is a tragic and sudden loss. The family respectfully asks for their privacy as they grieve during this very difficult time.”

Born in Chicago in 1951, Williams rose to fame with his role as the alien Mork in the TV series Mork and Mindy.

He went on to establish a career in both stand-up comedy and film action, and also did voice work, including on Aladdin and Happy Feet.

Williams is scheduled to appear in Night at the Museum: Secret of the Tomb on December 19, 2014, reprising his role as the statue of Teddy Roosevelt who comes to life at night.

Nominated for three Academy Awards, he won the best supporting actor Oscar for his performance in Good Will Hunting.

He also received two Emmy Awards, four Golden Globes, two Screen Actors Guild awards and five Grammys.

The actor had described himself as a quiet child who overcame his shyness after becoming involved in drama during high school.

In 1973, Williams became one of only two students accepted into the advanced program at the Julliard School – the other being Christopher Reeve.

After his work on Mork and Mindy in the late 1970s, Williams attracted a wider audience with his stand-up comedy, a consistent thread throughout his career.

Known for his improvisational skills and impersonations, most of his career focused on the silver screen.

His first film was the 1977 comedy Can I Do It ‘Till I Need Glasses? His performance in Good Morning, Vietnam earned him an Academy Award nomination.

Filmography

  • Mork and Mindy (TV: 1978-1982)
  • The World According to Garp (1982)
  • Good Morning, Vietnam (1987)
  • Dead Poets Society (1989)
  • Hook (1991)
  • The Fisher King (1991)
  • Aladdin (1992)
  • Toys (1992)
  • Mrs Doubtfire (1993)
  • Jumanji (1995)
  • The Birdcage (1996)
  • Flubber (1997)
  • Good Will Hunting (1997)
  • What Dreams May Come (1998)
  • Patch Adams (1998)
  • One Hour Photo (2002)
  • Death to Smoochy (2002)
  • Insomnia (2002)
  • RV (2006)
  • Happy Feet (2006)
  • Happy Feet Two (2011)
  • The Butler (2013)

Full list of film credits

His unique voice brought the genie to life in Aladdin (1992), with Williams going on to voice parts in Fern Gully (1992), Robots (2005) and Happy Feet (2006).

He earned critical acclaim for his roles as an English teacher in Dead Poets Society, and later as a psychologist in Good Will Hunting, alongside Matt Damon and Ben Affleck.

His other films include Hook, What Dreams May Come, and thrillers Insomnia and One Hour Photo.

Williams was married three times, and has three children. He lived with his third wife in San Francisco until his death.

Legendary director Steven Spielberg paid tribute to his close friend.

“Robin was a lightning storm of comic genius and our laughter was the thunder that sustained him,” Spielberg said in a statement cited by Variety.

“He was a pal and I can’t believe he’s gone,” added Spielberg, who famously phoned Williams to cheer himself up during filming of his harrowing 1994 Holocaust drama Schindler’s List.

Spielberg’s tribute was echoed throughout the entertainment industry.

“I can’t believe the news about Robin Williams. He gave so much to so many people. I’m heartbroken,” comic and talkshow host Ellen DeGeneres said on Twitter.

Obama pays tribute to ‘one of a kind’

President Barack Obama joined the outpouring of grief.

“Robin Williams was an airman, a doctor, a genie, a nanny, a president, a professor, a bangarang Peter Pan, and everything in between. But he was one of a kind,” Mr Obama said.

“He arrived in our lives as an alien but he ended up touching every element of the human spirit.

“He made us laugh. He made us cry. He gave his immeasurable talent freely and generously to those who needed it most – from our troops stationed abroad to the marginalised on our own streets.

“The Obama family offers our condolences to Robin’s family, his friends, and everyone who found their voice and their verse thanks to Robin Williams.”

Williams struggled with drug addiction during the late 1970s and early ’80s. He credited the death of his friend, fellow actor John Belushi, and the birth of his first son with helping him quit drugs.

“Was it a wake-up call? Oh yeah, on a huge level. The grand jury helped too,” he told Inside the Actors Studio in 2001.

In 2006 his publicist announced the actor had “found himself drinking again” and checked into a rehab centre.

Poll: which is your favourite Robin Williams performance?
The Genie in AladdinClick to enlarge
Armand Goldman in The BirdcageClick to enlarge


Daniel Hillard in Mrs DoubtfireClick to enlarge


John Keating in Dead Poets SocietyClick to enlarge


Peter Pan/Peter Banning in HookClick to enlarge


Dr Sean Maguire in Good Will HuntingClick to enlarge


Parry in The Fisher KingClick to enlarge


Adrian Cronauer in Good Morning Vietnam

 

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Toni McHugh Claims, “Gerard Only Had Sex with Other Women to Test Our Love” (New Posters Very Welcome)

TONI MCHUGH  CLAIMS THAT SHE IS AUSTRALIA’S MONICA LEWINSKY

Toni McHugh, who now likens herself to the former US President’s paramour, Monica Lewinsky, said that she believed Gerard when he said that he had not ever had sex with anyone  except for Allison and herself and that she plans to write a book.

Toni McHugh, “I was furious, but I was still madly in love with him.  I remember after the police told me, Gerard called me from a blocked number and said, ‘I’m outside your office, I’m in a cab, I have to talk to you;”.

Toni McHugh, “The first thing he said when I got in the cab was, ‘are you wearing a wire?'”

Gerard Baden-Clay’s mistress Toni McHugh has given a tell-all interview to the Women’s We

Photo courtesy of Women’s Weekly.

Toni and Baden-Clay, in the cab, then drove to a unit at Fortitude Valley to talk.  Toni said, “He gave me all these reasons for having sex with other women.

He wanted to make sure what he had with me was real.  Like an idiot, I believed it,  but he’d also told me previously that he’d never been with any women besides Allison.”

As we know, GBC frequented AdultFriendFinder.com, where he described himself as “average” and, “married, but don’t want to be, looking for some sex on the side!”.

Toni claimed with regard to Baden-Clay being responsible for Allison’s murder, “I’d been putting my head in the sand about that”.

Toni had been hiding in her apartment since her affair with Baden-Clay had become public, her mother phoned her on the 30th April, to tell her to come out of hiding.

Toni also confessed that she had driven over the Kholo Creek bridge just hours before Allison’s body was found, she said, “And that was the worst day because WE drove over that bridge.  We drove over the bridge and she was under there and later that day, maybe around noon, we heard a woman’s body has been found, and I knew straight away – instantly – that it was Allison.”

Toni McHugh on Allison’s children, “I need them to know that I’m very, very, sorry for what’s happened.  The future I was planning with Gerard, it actually included them.  It included Allison!  I thought we would all get to the point where we all, you know, shared custody, like adults, and got on.”

It has been reported that Toni McHugh was paid more than $200,000.00 for the interview with Channel 9’s 60 Minutes programme which aired on the Sunday after Gerard Baden-Clay was charged guilty of murder.

“Toni McHugh quotes of hardship” from what is believed to be another paid interview, this time with Woman’s Weekly:

“I’m still coping with the damage, emotionally and financially”.  (Toni is, of course, being paid for these interviews).

“I lost my job, which I loved, and which I was good at. And sometimes I feel like I’m Australia’s Monica Lewinski – like, what man is ever going to want to come near me?  So I have suffered, too.”

Toni McHugh on feeling sorry for Allison, “I’m so sorry that her life has been so painful – no woman should have to go through those feelings of inadequacy that she was feeling”.

“I can’t be held personally responsible.”

“I know that if it wasn’t me, it would have been another woman.”

“The marriage problems were pre-existing well before I became a part of Gerard’s life.”

Asked if she felt the murder happened because of her, she said: “No. It didn’t happen because of me.”

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Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Gerard Baden-Clay launches appeal against ‘unreasonable’ murder conviction (New Posters Welcome)

 Gerard Baden-Clay found GUILTY

Gerard Baden-Clay launches appeal against ‘unreasonable’ murder conviction

 

 

View image on Twitter

 

Justice Byrne said it was likely Baden-Clay had smothered his wife and scratch marks on his face were likely to be signs of a struggle.

The former real estate agent has always maintained his innocence.

1. He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

2. “A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

3. “The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

4. “The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”

Queensland’s mandatory sentencing laws mean Baden-Clay does not have a chance of seeing a reduction in his jail time.

Justin Quill, the director of Kelly Hazel Quill Lawyers, has previously said Baden-Clay may have “very good” grounds to appeal the conviction.

“Potentially there is an appeal on conviction – that could be on a whole stack of grounds,” he said.

“Those grounds could be the exclusion of particular pieces of evidence.

“It could be taking the judge to task on the precise wording of the charge or the answers to the questions. The answers to the questions are crucial.”

 

http://www.abc.net.au/news/2014-07-17/gerard-baden-clay-launches-appeal-against-murder-conviction/5604432

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Wear Yellow for Allison Baden-Clay Day
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On Friday 1st August it’s Wear Yellow for Allison Baden-Clay Day.  This day is not about raising money. Instead Allison’s friends and family asks you to wear some yellow and perform an act of kindness (big or small) in memory of Allison.

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 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

Donate to the Baden-Clay children | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Gerard Baden-Clay, “False Pretender” – Murderer – Found GUILTY (New Posters Welcome)

 Gerard Baden-Clay found GUILTY

Baden-Clay has been exposed as an egocentric sybarite obsessed with his own indulgences; a man who paid scant regard to the emotional damage he inflicted on those he claimed to love.

He is not a man for whom remorse and repentance are a priority.  Instead, Baden-Clay is driven by self-interest. The great tragedy is that the victim of his unbridled selfishness not only paid the ultimate price for her generosity of spirit and attempts to rebuild the family unit, but also has had her memory dragged through the mud by a guilty man increasingly desperate to cover his tracks.

Killer Gerard Baden-Clay captured on a security camera in the back of the police van transporting him to prison after his conviction yesterday. Picture: Peter Wallis

Detectives discovered that, far from the family man he pretended to be, Baden-Clay was a serial womaniser with his profile on a swingers’ ­internet site and a series of affairs. Allison left the mark of guilt on his face. As Allison Baden-Clay fought for her life, with her left hand she scratched her husband Gerard’s right cheek. Allison had been on the ground at the back of the carport, next to the couple’s silver Holden Captiva. The Holden Captiva where police found Allison’s blood in the boot, along a plastic trim. A blonde hair was found in the dried blood.

Source: http://www.couriermail.com.au/news/toni-mchugh-talks-about-love-affair-with-gerard-badenclay-in-60-minutes-interview-with-tara-brown/story-fnii5s41-1226990589761?nk=dae0ac4cbb8222d822eafa6db37b5f9a

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Wear Yellow for Allison Baden-Clay Day
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On Friday 1st August it’s Wear Yellow for Allison Baden-Clay Day.  This day is not about raising money. Instead Allison’s friends and family asks you to wear some yellow and perform an act of kindness (big or small) in memory of Allison.

…………………………………………………………………………………………………………………………………………………………………..

 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

Donate to the Baden-Clay children | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

In Sympathy, Guest Book – Allison (Dickie) Baden-Clay

As you danced in the light with joy, love lifted you.

As you brushed against this world so gently, you lifted us.   

TC Ring

When we have enough messages, will send your messages of sympathy to Mr and Mrs Dickie.

            

 

 

On Friday 1st August it’s Wear Yellow for Allison Baden-Clay Day.  This day is not about raising money. Instead Allison’s friends and family asks you to wear some yellow and perform an act of kindness (big or small) in memory of Allison.

 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

 | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

Gerard Baden-Clay Murder Trial Days 19, 20 and 21 – Jury’s Deliberation – 11th/14th/15th July, 2014 (New Posters Welcome)

Days 19, 20 and 21

Friday, 11th July, Monday 14th and Tuesday, 15th July, 2014

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 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

 | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

Jurors deliberating Gerard Baden-Clay’s future, have been warned to not seek outside assistance after one jury member downloaded information on jury deliberations from the internet.

Justice John Byrne recalled jurors two hours after they retired to consider their verdict.

Justice Byrne, “What was done is wrong. I am however grateful that what has happened has been drawn to my attention,” he told the seven men and five women.  “However, I appreciate a juror’s job is never easy and you may look for assistance.’ That assistance must come from the court and only from the court and not from some expert source.  You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think,  the downloaded document won’t be returned to the jury room.”

The jury members already had a guide available to them when they retired to consider their verdict at 11:10am., Thursday, 10th July, 2014, the 18th day of Gerard Baden-Clay’s trial.
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The Crown accused Baden-Clay of probably smothering his wife at their house and then dumping her body, rolling it from Kholo Creek bridge.
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Our theory is that Baden-Clay, father of three, allegedly smothered Allison by placing his knee on her chest, due to bruising found at autopsy  by the coroner.  Allison’s chipped tooth and  subsequent blood in the car may be related to a mark on Baden-Clay’s left hand, that he claims was from a screwdriver piercing his hand (he is right handed) when he was changing a light bulb.
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Before the jury retired, Justice Byrne advised that in order to convict Baden-Clay of murder, they must be satisfied beyond a reasonable doubt, that Baden-Clay killed her, and that he did so with the intention of causing grievous bodily harm.
Baden-Clay’s defence maintain that Allison, although not one to exercise,  having been reported as happy that day,  and planning a future, had her hair done for the third time to make sure the colour was right, walked 13km on a dark street after 1:48am (after she placed Baden-Clay’s phone on charger), the distance sporting very large hills, without footpaths and proper lighting, (which would have taken an experience walker at least 3 1/2 hours to walk on flat ground),  after depositing her blood in rivulets under the seat  in her two month old car, then  placing children’s toys in the back, then an empty packet of Zoloft at the front of the car, she then walked for hours, and threw herself off the low bridge at Anstead, landing under the bridge itself in the dirt, not beside the bridge, with her jumper over her head, and leaves through her hair with a bruised chest and chipped tooth.
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Baden-Clay was so upset at his wife missing, he shaved himself with a razor, to make it look like fingernail scratches, with marks on his chest that appeared as an immaculate conception, the marks that he didn’t mention to police.  He was cool and calm, ringing all his friends and family, rather than looking for Allison, although he did do a drive around at Brookfield one stage, in the area that Allison’s phone was triangulated as missing.  Her phone wasn’t ever found.
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Baden-Clay refused to give police subsequent interviews, in fact, he drove out of his way on the way to the police station the following Monday, and somehow, on a one way street, drove a car into a concrete upright, avoiding giving the statement, his bruises on his chest and scratches on his face, his own, for now.
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The jury heard 75 witnesses, including Baden-Clay’s former mistress, Toni, whom he rang the night Allison disappeared and after Allison disappeared, from a pay phone, although Baden-Clay denied that he spoke with her, that she is a volatile woman whom he always agreed with.

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Approximately 180 items were submitted as evidence, including photographs of scratches on Baden-Clay’s face and photographs of rivulets of Allison’s blood found in her Captiva.

 

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  Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Gerard Baden-Clay Murder Trial Day 18 – Justice Byrne’s Summation – 10th July, 2014 (New Posters Welcome)

Day 18

Thursday, 10th July, 2014.

Justice Byrne’s Summations of the Lawyer’s Closing Arguments

 

A short delay due to legal discussion.  Jury is yet to enter the courtroom.

Gerard is immaculately groomed, with a checked shirt, dark suit,  blue and white tie, hair freshly cut and face cleanly shaven.

The jury is entering the courtroom, Justice John Byrne will  then begin his summation of the lawyers’ closing arguments, beginning with the defence.

 

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Byrne, “The defence case is that friends, family, and the children had not ever seen Gerard and Allison argue, let alone any violence.  The defence’s case is that the Crown have not proved their case beyond a reasonable doubt and that you must not find Gerard guilty.

The defence case is that the jury must not speculate.

The defence and crown cases are all about perhaps or what probably happened.

The defence stated that no-one can prove how the deceased died.”

The judge is summarising the defence’s discussions on the pathologist’s report.

Judge, “The defence said a thorough search of the house was completed by police and nothing of relevance was discovered.   The defence said that the three children heard nothing at all on the night of 19th April, 2012.

The defence said that if Gerard killed his wife that night, he must have dressed her in the walking clothes she was found in.  The defence asked why had she bled only in the Captiva?  They asked if Allison was dragged through the garden foliage, why did leaves that stuck into her hair, were also not found in the car?  They asked why there wasn’t any mud or grasses found in the car from Kholo Creek if Gerard dragged his wife’s body down.  They said that there weren’t any obvious signs of a cleanup in the car.  They said if there isn’t any proof of disposal of the body, the Crown case collapses.

The defence said that Gerard is lacking in morals, although that doesn’t mean he is a murderer.  The defence denied that Gerard was going to leave his wife for Toni, that he was good at making promises but nothing ever happened.  Gerard wasn’t faithful to Toni, either.  She was not the love of his life.  Their case is that Gerard did not want to be with Toni, so no need to kill his wife to be with her.

The defence pointed out that Gerard remained calm during cross examination, that he does not have a violent temper.  They disputed Gerard was  under financial pressure.  They said that Gerard was confident the business was on the up and he had been able to pay for the rental arm.

Gerard’s father advised him to make a claim on the life insurance.   The defence case is that the leaves could have washed into Allison’s hair by the creek.  They state that Gerard didn’t ever attempt to conceal any marks on his face, that he told everyone who asked that the marks on his face were from shaving.  The defence said that none of the experts could be 100% sure what caused the marks on Gerard’s face.

The defence gave the possible causes of death which were:  falling from a height, seratonin syndrome leaning to drowning or Sertraline toxicity.

The defence discussed Allison’s mental health history,  her Zoloft use, her sessions with psychologists.

The defence discussed advice from the marriage counsellor, which was given to her a few days before she disappeared.

The defence’s case is that discussions of an affair in the counsellor advised sessions would have caused a relapse in Allison’s depression.  They stated that Allison was stressed at the hairdressers on 19th April, 2012, they told the jury to consider Allison was upset after hearing of the birth of a nephew.  They claim that she always wanted a son.

The defence asked why Allison missed a parent teacher interview for a hairdressing appointment.

The defence’s case is that Allison stayed up late, thinking about the affair, and that she possibly went for a walk to clear her head.  Allison plugged her husband’s phone into charge at 1:48am, she took some Sertraline and went for a walk.  They suggested that she walked to Kholo Creek and ended up at the creek.

The defence said that Gerard did not have to give evidence, but he did.

JUSTICE BYRNE IS NOW SUMMING UP THE PROSECUTION’S CASE

Justice Byrne, “The Crown said that Gerard and Allison appeared to be the perfect couple, but they weren’t.  The Crown said that Gerard had pressures from many angles in April, 2012.  The Crown case is that Allison would not have been upset about the birth of her nephew.  It had been six years since she had given birth.

The Crown said that Allison was a reluctant exerciser, she would not have walked 13km, and no-one saw her walking.

The Crown showed the rainfall records, the creek would not have been muddy at the time.  The area leading down to the creek was vegetated.  The Crown said that Allison had been rolled or pushed from the ledge above.  The Crow said that there wasn’t any evidence that Allison was drug effected.

They said that post mortem changes showed that Allison’s body had not oved.

The Crown’s case is that drowning is not a reasonable suggestion, as there isn’t any evidence of it.  The Crown case is that Allison’s body was dumped to avoid it being found.  There isn’t any evidence of recent Sertraline ingestion, that drug toxicity as a cause of death is excluded by the evidence.

The Crown case is that Allison was not depressed, the evidence from those who saw her that day, is that she was “great.”

The Crown pointed out that the baby monitor in Gerard and Allison’s room as evidence that sound did not travel well in the house.

They discussed the six leaves of the plant species found in Allison’s hair, which were all found in the garden, only two of these species were found at the creek.

The Crown said that Allison was injured that night and bled in the car.  

They said that Gerard had to explain the scratches on his face, that he couldn’t hide them.  Gerard shaved over the scratches to make smaller cuts over the top.

The Crown said that the abrasions near Gerard’s armpit are consistent with Allison’s pulling on his clothing during the struggle.  The scratches occurred after the last time the girls saw their mother and before they woke up to find her gone.

The Crown said that there were three pressures on Gerard at the time:

Financial

Wife

Mistress

The Crown said that Gerard played up his wife’s depression in the hope that the jury would consider that she committed suicide.

The Crown pointed out that Gerard didn’t ever tell police about his conversations with Toni McHugh on the Thursday night.

The Crown said that Allison was sharing his passions with the business while Gerard was out resuming his affair.

The Crown case is that Gerard was in love with Toni.  Toni had demanded that he tell Allison both women would be at the same conference the next day.

Gerard had mounting debts that needed to be paid.

Gerard made up a story to explain why he said in emails that he loved Toni.

Allison told people that she was happy about the birth of her nephew.

Gerard told Toni that he was going to sell the business and be with her.

At the conference, Allison could have found out that he’d continued the affair, with catastrophic results.

Gerard told police that he had not seen any signs of depression in his wife, which is a contrast to his actual testimony.

The Crown said that Gerard had an opportunity to kill, that he lied about scratches on his cheek and that he had discussions with his mistress that night.

The Crown said that it is highly unusual for all those plant species to be in the hair, cuts on his face, her blood in the car, if not murder.

JUSTICE BYRNE HAS COMPLETED HIS SUMMATION OF THE CROWN CASE.

 

Justice Byrne is giving the jury instructions should they need help with anything.

Justice Byrne is addressing the jury,

  1. “You must answer the associate when you return with your verdict.
  2.  You must speak in  unison when asked whether you have reached a verdict.

  3.  An associate will ask whether you have found Gerard guilty or not guilty of murder, the foreman will answer.

  4.  If not guilty, you will be asked the same of manslaughter.

Thank you to the three reserve jurors, you are discharged.  Thank you for the dedication in which you approached your task. ”

The associate is now swearing in the bailiff as the jury’s keeper.

The jury have now retired to consider and reach a verdict.

 

Breaking News

 

Jurors have returned to court – and are receiving direction from the judge as a juror downloaded a document on jury deliberations from an overseas commentator.

Justice Byrne, “You must not make enquiries outside the trial, the advice needs to come from this court, you must not do this, it was wrong.”

The court has given them a jury guide, the jury requested a copy of Justice Byrne’s summation of closing addresses. Request denied.   Justice Byrne instructs the jury, if they so wish,  to write out a written request for his summation to be read aloud in open court.

 

The jury have been excused.

 

The jury have been sent home.  Tomorrow, at 9:00am, they will reconvene to continue their deliberations.

 

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Gerard Baden-Clay Murder Trial Day 17 – Crown’s Closing Arguments – 9th July, 2014

Day 17

Wednesday, 9th July, 2014.

 

Mr Todd Fuller QC, will be discussing more about Gerard’s 
financial difficulties today.

The jury is entering the courtroom.

Mr Todd Fuller QC addresses the jury

Fuller, “I shall clarify information with regard to Gerard’s financial position.

Gerard would have sold his business with Allison working there.  Financially, leaving Allison, was not an option.  Gerard told the marriage counsellor, Carmel Ritchie, his wife didn’t trust him.  Gerard was only there because Allison wanted him to, not because he wanted to save the marriage.  The advice Gerard received from the marriage counsellor was to sit and listen to this wife.  Allison always blamed herself, after the affair, she knew someone else was at fault.

Allison was over the moon that Gerard had gone to see the counsellor.  It is an insight into her mind.  This phrase does not mean that they were back on an even keel as Gerard suggested.  Gerard would have the jury believe it was just Toni making the contact.  Not true.  The emails show that.  

Same as the explanation of the shaving cuts, same as the financials, he had to make up a story to explain his actions.

Gerard tells Toni that he loves her, he tells her in the details and on the phone.

How do you put all that together other than that he loves Toni?

Gerard’s claim that he and Allison’s question and answer session was on 18th April, is not true.

Gerard made it clear to the police early on that it was on 19th April.”

Mr Fuller is discussing the night of 18th April, when Nigel and Elaine came to watch the children.

Fuller, “Is this when Allison retired for the night and wrote out her list of questions?  Allison retired and left her husband, watching TV with his parents.  If Allison was so upset about the birth of her nephew, what happened the next day?

The 19th April was a normal day.  Allison took the children to school, she told friends she was happy about the birth.  Nobody noticed anything unusual.

Yet, Gerard, would have you believe the question and answer session happened the night before.

On 19th April, the staff described Allison as upbeat, laughing and joking, she introduced a trainer to her husband.  Allison was excited about the conference the next day, was excited about plans for the business.

Gerard told the police everything was fine, there wasn’t a reason that his wife would disappear.  Allison had a hair appointment, children were at the school cross country.  The kids ate dinner at Nigel and Elaine’s, then went home and were tucked into bed.

What we didn’t hear about was the conversation with Toni, except for Toni Mc Hugh.

Going from about 5:03pm until about 5:40pm, Gerard was talking to Toni Mc Hugh.  The conversation was inflamed when it was raised that Allison and Toni would be at the same conference the next day.  Gerard used the words “two of my staff are going”.  He didn’t have the courage to say straight up it was his wife.

Gerard said that both Allison and Toni contacted him when they bumped into each other at the gym.  Allison had flashbacks about it.

Gerard insisted that he was not concerned about the two women running into each other.  Toni made the decision to leave the business herself after Allison found out about the affair.  Toni was angry at the person who let the affair slip.  There wasn’t a suggestion that she was angry at Gerard until  he made the claim.

Please believe Toni’s version of events.  Toni told Gerard it was unfair for both women to be at the conference.  Toni had no option, she had begun a new job.  She had to go.

Toni insisted that Gerard warn Allison.  You might say that that is significant pressure on Gerard.  It was that afternoon, 19th April, on the phone to Toni, that he said he was going to sell the business.  It had not been that long since Gerard had told Sue Heath on the phone that he was about to go broke.

Toni said that she was angry on the phone, that she was expressing her anger.

In September, 2011, Gerard had to make significant changes.  He told his staff about the  affair, Allison came to work.

What was going to happen if Allison found out for a second time?

Gerard claimed he did nothing about the two women meeting the next day, that he didn’t have a concern.  When the ultimatum was coming the second time, what decision would he make?

He was going to be shown to be disingenuous, a coward or a fool.  You would think the personal risks to Gerard were huge.

We was in jeopardy, in respect to his friends, family and business.  You add that to the scratches, the blood in the car, the leaves in the hair.

Gerard didn’t have any explanation for his charger being connected at 1:48am other than it must have been Allison.

That morning, 20th April, there was a series of phone calls to Allison almost straight away.  Why is that?  He doesn’t know what time Allison is supposed to be meeting Kate Rankine for the conference.

COURT – Text message Gerard sent to Allison at 6:41am asking where she is.

“Gerard  – where are you?”

The cars are there, she could only have gone for a walk.  The message talks about the girls being up, and making their lunches.  It was always the plan for Gerard to get the girls ready.  Gerard didn’t bundle the girls into the car and do a quick couple of laps.  He called his parents and waited for them.

Gerard tried calling a police officer he knew before searching the streets for her.  It was a 24 hour station, he would have gotten a recorded message and options to be put through.

Gerard and his sister searched the area, no sign of her.

It is now 7:15am, a number of calls unanswered, a couple of texts not responded to, an unsuccessful search.

Gerard made a 000 call on the side of the road, he goes home, then reverses the car in.

The police arrive at 8:00am.  Gerard claimed that he answered all the questions from police although he declined to make a statement.  

The jury has heard Gerard’s voice on tapes, during interviews.  It is for you to determine what level of anxiety.

Gerard told police that he did not know whether Allison came to bed or not.  Gerard told them about the affair.  He didn’t want his father to know.  Gerard phoned  his own family, his own friends, he made work calls, all before phoning Allison’s friends and family.

By the time more police arrived, three and a half hours on, it must have been something more sinister.  Gerard told police it was out of character for Allison to disappear, she hadn’t ever done anything like that before.

Gerard described his wife’s mental health as good.  He didn’t even know if she was still on medication.  Gerard said Allison was “all better now”.  Gerard didn’t make any reference to any adverse reactions to her medication.

In this trail, the mental health issue has been amplified to justify what he did.  If there was any risk of any mental health problems, that is when we would have heard about them, on 20th April, 2012.

According to Gerard, there wasn’t anything to explain why his wife wasn’t home.   She had gone for a walk, and would be back soon.  There wasn’t mention of the conversation with Toni the night before.  Only that Toni knows about that.

Was Allison likely to stay up late watching the Footy Show on the couch when she had a big day the next day?

She was likely to go or a walk that morning when she was time poor, Gerard had agreed to get the girls ready.  So, she didn’t have any time for the school drop off when the school is not very far away.

It was  highly unlikely that on the morning of the 20th April, 2012, Allison would be walking the streets of Brookfield.

Gerard told police that morning, twice, “we had our 15 minutes last night.”  Gerard was at great pains to tell police “nothing came out of  the 15 minute session, it was all good.”

Gerard told police the truth that day.   Allison hadn’t asked the questions on 18th April, the questions were done on the 19th.

Allison’s questions about his affair were quite rudimentary.  Movies, driving together, how many times?  Did you kiss and hug, were you scared of being seen together, were the seats down, did you lie there afterwards?

Place yourself in Mr Baden-Clay’s position.  Place yourself in the sordid detail of it.  If the 18th April is correct, why did they leave the house to ask and answer the questions?  The children were already in be.  (Gerard had already told the court under oath, that he and Allison had driven to Mt Cooth-tha on 18th April, for the 15 minute session while his parents babysat).

Edit:  Gerard’s parents allegedly appear to cover a lot for their caterpillar.

Mr Fuller is reading from Allison’s list.  “I couldn’t go back to  her even if I wanted to”.   

Fuller, “That isn’t a question, that is a statement from Gerard.  Gerard made that statement.  Contrast that with the emails.

Mr Fuller, “If he made that statement to her, it was simply a lie.  Toni made her choices back in 2008 when she left her partner and found her own place to live.  Coincidentally, a picture of Toni’s place was on the next page of Allison’s journal.

It took Gerard hours to call Allison’s parents.  A major search was already underway.  Just after 9:00am Gerard calls his three friends, the ones who had lent him money.  At 9:58am he calls Kerry-Anne Walker.  When he speaks to Toni, she asks, “did you argue”.  She knows what the conflict was likely to be.

Gerard tells Toni to lay low.  The next day,  he tells Toni to tell the truth to the police.  What option did he have?  He knows the police are looking at him.  They’re taking photos of his injuries.  If he’d told her to lie, it would have unravelled.

A SHORT BREAK.

Mr Fuller is talking about Gerard’s contact with Toni after Allison went missing.

Mr Fuller, “Gerard contacted Toni again.  It is NOT HER contacting HIM, he tells her he loves her.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Toni deletes her emails and texts.

Gerard then wants to meet with  her, to explain to  her about his other affairs.

Is this someone who just placates?  Or does he have real affection for her?  

Gerard told her to “fall in love with someone else” because “things weren’t looking good for me”.

Gerard was finally walking away from Toni because of the circumstances he found himself in.  Gerard had manipulated her throughout their relationship.

Gerard was engaged in deceptive and manipulative behaviour across all his relationship with her.  It is all about him, his life, his business, his needs.”

Court – A page from Allison’s journal.

The journal mentions a large portrait with Toni.

Mr Fuller, “We know how Allison feels.  She still gets sick in her stomach.  Gerard had the opportunity, he had the scratches on his cheek.  He lies about them, attempts to disguise them.

Gerard hasn’t changed after his behaviour is exposed.  We have it in black and white, the emails, the tension between Gerard and Toni.   We have the financial strain, the debts to be called in.

We have the real prospect of Allison and Toni coming together, the real prospect of him being exposed.  

The way he has been exposed in this trial.

We have the real prospect of Allison not being willing to forgive him a second time.

This is not about Allison’s mental health, her drug taking, walking off inexplicably into the night.

You might think it is highly unusual for someone with a history of sertraline use to suddenly overdose.

You might think it highly unusual that the plants in her hair were all from the Brookfield Road house.  You might think it highly unusual for a man to cut himself and it look like fingernail scratches.

You might think it highly unusual for Allison’s blood to be in her car.

It is highly unusual for Gerard to have killed his wife?  NO, THAT IS WHAT HE DID.

It was close, it was personal, it was violent.

Gerard was frustrated, the double life, the daily deceptions, the risk of it all coming crashing down.

He just wanted to wipe the slate clean.

MR TODD FULLER, QC, HAS CLOSED HIS ARGUMENT.

JUSTICE BYRNE HAS BEGUN HIS SUMMATION.

Justice Byrne, “Your roll is to determine on the evidence whether he is guilty or not guilty.  

I must sum up and then you will retire and consider your verdict.

You MUST abide by my instructions.  You must decide what evidence you accept, then apply the law.  You are the sole judges of the facts.  You must strike an unanimous verdict.

Your verdict must be on the evidence and only the evidence.  The exhibits will all be available in the jury room.”

Justice Byrne is explaining what makes evidence.:

01.  Answers from witnesses only, not statements from lawyers.

02.  The jury is to ignore any information they may have read or heard about the case outside of the courtroom.

03.  The jury must ignore social networking, including Twitter, Facebook and Youtube.

04.  You must not visit the scene or anywhere else of relevance.

05.  It would be unjust for you to consider any information outside of the courtroom.

06.  It is a criminal offence punishable by imprisonment for a juror to inquire about an accused person.

07.  You are not detectives, you are judges of the facts.

08.  In the past trials have been abandoned because jurors have looked things up on the internet.

09.  Jurors are duty bound to bring it to my attention if you are aware of a fellow juror doing the wrong thing.

10.  You must not pay any regard to news reports.

11.  The jury must not allow media reports to influence your thoughts.

12.  You can draw inferences from facts that you  have heard during the trial.

13.  The inferences must be reasonable.  They must be logical and rational conclusions drawn from the facts.

14.  You cannot use instinct or guess work.

15.  Evidence can be accepted whole, in part of not at all.

16.  You must consider whether a witness seems reliable.  Did they see, hear, know things they are testifying about?

17.  Does it differ from things that the witness testified to previously?

18.  An observation of something said or done is not always reliable.  Memory can be fallible.

19.  People do not always observe closely sights and sounds, let alone manage to recollect them two years later.

20.   As I said, it is up to you to assess the evidence and what weight you give a witness’s testimony.

21.  The accused is presumed to be innocent.

22.  The Crown must prove beyond reasonable doubt that the accused is guilty.

23.  If you are left with reasonable doubt, your duty is to acquit.

24.  If there is no reasonable doubt, you must find him guilty.

25.  This is a circumstantial case – still acceptable proof of facts.  This means that it must be only rational inference that can be drawn from the circumstances.  Emotion does not have any part to play in your decision.

26.  The accused was not obliged to give evidence or to call witnesses.

27.  It is the prosecution who  had the burden of proof.

28.  It is not a matter of making a choice between prosecution witnesses and the evidence of the accused.

29.  If you don’t believe the evidence of the accused, you shouldn’t jump directly to his guilt.

TEN MINUTE BREAK

Jury is back.

Justice Byrnes is explaining the difference between murder and manslaughter.

“Justice Byrnes, “With regard to murder, you must be satisfied that Gerard caused the death of his wife with intent to kill or cause grievous bodily harm.

Manslaughter is an unlawful killing, with the intention to harm not being involved.

Neither the prosecution or the defence contends manslaughter.

The motive is not material to murder or manslaughter.  Sometimes the motive is never known to anyone but the murderer.  The Prosecution does not have to establish motive.

The evidence of things the deceased has said, can be unreliable.  Most of it is second hand.

(Edit – I feel sick, the above were Allison’s thoughts, in private, without any intent to hurt anyone, without agenda).

Justice Byrne, “The recorded interviews with the Baden-Clay children are evidence.  None spoke of hearing anything.  It is routine to show recorded interviews with children rather than have them testify in court.

You (the jury) will have transcripts of recordings with the children.  The recording is evidence, not the transcript.

The view of the Kholo Creek bridge and the house is not evidence.  It is just to assist in your understanding.  The areas have changed considerably since 2012.”

Justice Byrne is discussing what weight should be put towards statements that were made to the police by Gerard.

Detective Superintendent Mark Ainsworth at a police command centre at Brookfield Showgrounds on April 30, 2012.

Detective Superintendent Mark Ainsworth at a police command centre at Brookfield Showgrounds on April 30, 2012. Photo: Marissa Calligeros

You (the jury) must decide whether the statements are truth or lies.”

Justice Byrne is now discussing the evidence given by experts, what the difference is between opinions and facts.

Justice Byrne, “The Baden-clay house is 13km from the Kholo Creek bridge.  It takes 13 to 20 minutes to drive from Brookfield to the bridge.”

Justice Byrne is talking about the clothing that Allison was wearing.  He mentions that her phone wasn’t ever found and that she normally took it walking with her.  He said that Allison’s body was found on a pleateau down a steep bank.

Justice Byrne, “The pathologist found significant decomposition.  The pathologist found that the decomposition was consistent with death 11 days earlier.  Changes to her body were consistent with her body having been in the same position for all of that time.  The pathologist didn’t find any injuries, only a “probable” bruise to the chest.

A chip was on Allison’s tooth that could not be aged.  There wasn’t a sign of sexual assault.  The pathologist didn’t find any evidence of bruises and scratches from the body being moved by the water.

The pathologist found higher than normal levels of sertraline, the decomposition of the body can cause that.

The pathologist expected significant injuries like fractures, these would be present if Allison had fallen from the bridge.

If she fell and landed in the water, this could have resulted in no injuries.  The pathologist did NOT find any evidence of drowning, although it couldn’t be ruled out.”

Justice Byrne is summarising the evidence from the entomologist expert.

Justice Byrne is summarising the evidence from the diatom expert.  Diatoms are usually found if someone drowns.  Diatoms weren’t discovered.

Justice Byrne is discussing the forensic expert, Amanda Reeves.  Ms Reeves found that there was an indication of a second DNA profile under the nails.  There wasn’t enough to test.

Justice Byrne is discussing the evidence submitted with regard to Zoloft levels, submitted by the toxicologist.  Zoloft isn’t particularly toxic.  There hasn’t EVER been a single case of Zoloft alone, causing death.  There wasn’t any ingestion of a large number of tables in the hours before her death.

The toxicologist said that seratonin syndrome should not be expected in someone taking a normal does of sertraline.  The toxicologist gave the opinion that sertraline did not contribute to Allison’s death.

The defence’s toxicologist accepted that there had not been a recent ingestion of a large amount of sertraline.”

Justice Bryne is discussing the evidence of Dr Gordon Guymer, the botanist.  Dr Guymer identified six species of plant entwined in Allison’s hair and body.  Dr Guymer found one Cat’s Claw Creeper leaf was pulled from the plant after being caught on something.  Dr Guymer found that most were fallen leaves.  Dr Guymer found only two species at the creek, but all six at the house.

Toni McHugh gave evidence that she began an affair with Gerard in August, 2008.  Toni  said that the affair was up and down all the time.   Toni spoke of Gerard breaking things off after Allison found out about their affair.  The affair was not over.  Toni spoke of being contacted again by Gerard, thins resumed.

Court – emails shown between Gerard and Toni.

Justice Byrne, “The two were in regular contact in April, 2012.  On 19th April, they spoke on the phone.  Gerard told Toni that she and Allison would both be at the real estate conference the next day.

Toni said that she “lost it”.  Gerard needed to tell Allison, it wasn’t fair on either of them.  Toni said that she asked Gerard what he was going to do.  Gerard spoke about selling the business.  Tonii called Gerard from the conference the next day to ask where Allison was.

Toni was at the police station the next day.  Gerard called and said, “just answer yes or no, have you told them we are back together?”

Adjourned until 2:30pm

Justice John Byrne continues his summation:

Justice Byrne, “Dr Tom George treated Allison for years, he said that her symptoms of depression cleared up early on.  Dr George recommended a marriage counsellor for Allison.  According to Dr George, apart from the first two consulations, Allison was not depressed.  Dr George didn’t have any concerns that Allison was suicidal and that Allison presented as extremely attached to her children.”

Justice Byrne referred to evidence from Dr Lumsden, who believed Allison’s risk of suicide was absolutely zero.

Justice Byrne referred to evidence from Dr Bourke, who prescribed Allison the anti-depressant, Zoloft, and discussed with  her about the stress over the affair.  Dr Bourke’s opinion was that she was not at risk of suicide.

Justice Bryne  referred to Ms Nutting, a psychologist, who saw both Gerard and Allison.  Ms Nutting spoke to Allison of panic attacks during the second pregancy.  When Ms Nutting saw Allison at first, she was not experiencing depression symptoms.  During the second appointment after the affair was discovered, Allison was more fragile.  Allison was better at the third appointment.

Justice Byrne referred to evidence from the defence witness Dr Schramm.  Dr Schramm referred to reports and had not interviewed Allison or Gerard.  Dr Schramm said that people with depression are more likely to commit suicide and don’t always leave a note.

There isn’t any evidence whatsoever that Allison experienced any adverse reactions to Zoloft.

Justice Byrne is now referring to evidence from relationship counsellor Carmel Ritchie.  Allison told Ms Ritchie that she was a conflict avoider and that her husband criticised her parenting skills.  Ms Richie spoke to the accused alone initially.  GBC told her that he wanted to wipe the past slate clean.

Ms Ritchie recommended 15 minute sessions every second night so that Allison could talk.  Gerard was very resistant initially to these sessions.”

One of the juror’s chairs just broke, the bailiff quickly found a replacement.

Justice Byrne, “Gerard eventually agreed.  Allison was brought back to the room.  Allison advised Gerard that she was “over the moon” that he had spent time with the counsellor.”

Justice Byrne is discussing Allison’s journal.

A copy of Allison Baden-Clay's journal has been tendered to the Brisbane Supreme Court.

 

Justice Byrne, “On 19th April, Allison went to a four hour training course, the trainer thought that Allison was very positive.  Allison then drove to the hairdressers.  Gerard spoke to Toni on the phone around 5:00pm.

Allison spoke to Olivia on the phone at 8:30pm.  She was speaking quietly, with signs that the children were going to sleep.  Gerard’s phone was plugged into the charge at 1:48am, and removed around 6:00am.”

Justice Byrne is running through the events of the morning of 20th April and referring to Gerard explaining to the police that he’d cut himself shaving.  Gerard was asked by police about his wife’s state of mind.  “Pretty good” he said.  Gerard explained that the 15 minute sessions recommended by the counsellor to the police.  Gerard told the police “we had one last night” and said that there were some difficult things that they had talked about.  Gerard told the police that he honestly didn’t know whether Allison had come to bed the night before that he is a heavy sleeper.”

Justice Byrne said that the police asked Gerard how his wife had been the last week, or so, “Pretty good” he’d said.  Gerard had told police that his wife had had a list of questions for him that she’d asked on the 19th April, (the night of her death).  Gerard told the police that his financial situation was “pretty dire”.”

Justice Byrne is discussing the interview between Gerard and the police on 21st April.

Justice Byrne, “Gerard told police that Allison must have come to bed because her side of the doona was folded back.  When Gerard was asked if Allison was suicidal, he said, “no”.  Gerard went to see Dr Candice Beaven about the scratches, he told her he’d cut himself shaving.  Gerard told her it was one motion, then said it must have been a couple, he was rushed.  Gerard then went to see Dr Renu Kumar about his enquiries, he told her the cuts on his face from an old razor.  “A rush job.”

Justice Byrne is now discussing the forensic examination of the house.

“There isn’t any indication of blood in the house or carport area.  There isn’t an indication of a cleanup.  Gerard’s razor was tested for blood, there wasn’t any found, although blood had been washed away by water.

There were flow rivulets of blood found in the back of the car.”

Justice Byrne is discussing the evidence from experts who interpreted Gerard’s injuries.

Justice Byrne, “Dr Margaret Stark said that the marks on Gerard’s face were typical of fingernail scratches.”

Dr Robert Hoskins, who said that the marks had characteristics of fingernail scratches, said that it was “extremely implausible” that they were caused by a razor.

Justice Byrne referred to evidence from Dr David Wells, who said that the first thing that came to mind was fingernail scratches.

Justice Byrne is now summarising evidence of Gerard’s three friends who lent him money.  He didn’t repay any of them by April, 2012.

Judge is referring to evidence of Ms Sue Heath.  Gerard spoke to her about borrowing money from her friend Dr Flegg.  The prosecution contends that Gerard lied, both in evidence and when speaking to the police.  Prosecution contends that Gerard lied about the cuts on his face.  It would be wrong to approach the case, that if Gerard lied, it must mean he killed his wife.  

It must be a lie “that an innocent person would not tell” to find him guilty.  If the prosecution is to prove that he lied about the cuts, they would have to have proved that they were not caused by a razor.  People do not always act rationally and telling a lie might be explained in some way.

Both murder and manslaughter involve unlawful killing.  To convict of murder, you must be sure that he intended to kill, even if you believe he lied about the scratches.

Justice Byrne told the jury that they could consider the lessor charge of manslaughter.

“You may wish to consider first murder, which is the more serious charge.

“If you find the accused guilty of murder, you do not need to consider manslaughter.

“But if you find the accused not guilty of murder, then consider the alternative of manslaughter.”

 

Justice Byrne is speaking about the conduct of the accused, according to the prosecution.

Justice Byrne, “They cannot use Gerard’s alleged disposal of Allison’s body as proof of intent.  The prosecution contends that the scratches were caused in a violent struggle, meaning that there was intent.

Justice Byrne is now referring to Gerard’s evidence.  “Gerard denied killing his wife, he said he got the cuts on his face shaving, and gave other explanations for other injuries.

Justice Byrne is discussing Gerard’s evidence with regard to his wife’s mental health.

Gerard and Toni “always” recommenced their physical relationship.  Gerard and Allison attended counselling while he was having an affair.  Gerard did not mention it.

Justice Byrne is now summarising Gerard’s evidence about the business, the partners and moving to new premises, that he borrowed $90,000.00 from each of his three friends.

Gerard got back together with Toni for the sake of the business.

Justice Byrne is discussing the evidence on Allison discovering the affair.  Gerard broke things off with Toni, said she was furious, and threw things.

Gerard’s evidence with Allison’s reaction, she insisted on checking his phone and gave him a curfew.

Justice Byrne is detailing Gerard’s evidence on getting back together with Toni after Allison found out about the affair.  Allisn was unaware that he was continuing the affair.  Gerard would delete call history from his mobile phone.  Gerard and Allison went to see a marriage counsellor on 16th April, 2012.  Gerard was resistant to talking about the affair.  To him it seemed strange.

Justice Byrne is discussing the email from Toni to Gerard, he said that Gerard said he was doing his best to push Toni away at that time.   Gerard’s evidence was that he would roll over and tell Toni whatever she wanted to hear as she was volatile.  Gerard’s evidence was that he gave Toni the date, 1st July, for when he would come to her, a random.  Gerard’s evidence was that he definitely did not intend to leave his wife.

Court – Gerard’s email to Toni, “leave things to me now, I love you”.

Gerard’s evidence was that they had the 15 minute session on 18th April, after a drive to Mt Coot-tha.  The next day was 19th April, the last day that Allison was seen alive.  Gerard’s evidence was that he doesn’t know how the toys got into the Captiva, he doesn’t know how her blood got there.  His evidence is that he and Allison sat on the couch and chatted after the girls went to bed and that Allison asked a couple of follow up questions.  Gerard admired her strength and forgiveness.

Police examine Allison Baden-Clay's car.

He denied placing his mobile phone on charge at 1:48am.  Gerard demonstrated to the court how he cut himself shaving, doing it in three separate motions.

On 21st April, Gerard attended the Brookfield command post and spoke with the police.

Gerard testified that Toni was  upset about Allison going to the same conference the next day and wanted Allison advised.  He did not advise Allison and he was not concerned about the two women.

Gerard called the life insurance company on 1st May to determine how he could make a claim.

Gerard said that his father told him he had to notify the insurance company of her death.

Gerard testified that financially, the business was turning around, and that it was “absolutely untrue” that he was going to leave his wife for his mistress.

Justice Byrne is now talking about Gerard’s cross examination.

Justice Byrne, “Gerard did not tell his wife that he was sleeping with Toni McHugh after Allison found out about the affair.  Gerard’s evidence was that the emails and claims of love were all to placate her or “for the sake of the business”.

Gerard used a secret email account to contact Toni.  He didn’t intend to tell his wife.

Justice is discussing Gerard’s financial position under cross examination.

“Gerard’s evidence was that he was under constant pressure from Toni to leave his wife.  Gerard acknowledged that he had told Toni in December, 2011 that he wanted to leave his wife and come to her “unconditionally”.  He said that he did not consider that he was in a relationship with Toni.  Gerard said that he and Allison had recommenced a sexual relationship in February, 2012.  Despite Toni’s reaction to Allison going to the conference, he didn’t have a fear that Toni would approach Allison.

Gerard was asked about the phone charger on Allison’s side, why she would plug his phone in on his side of the bed.

Gerard did not disclose to police at any stage his conversations with Toni on the Thursday afternoon.

 Gerard did not tell police that he had injuries on his chest when they took the photographs of his face.

Gerard rejected suggestions that he killed his wife, that she clawed at his face, probably as he smothered her.  Gerard denied having ever physically harming his wife.  Gerard said that he didn’t know how the leaves arrived in Allison’s hair.

JUSTICE BYRNE WILL NOW SUMMARISE THE LAWYER’S CLOSING ADDRESSES, tomorrow at 10:am, he apologised for any repetition.

ADJOURNED.

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  Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

MR. TODD FULLER QC – THANK YOU – Gerard Baden-Clay Murder Trial

Mr Todd Fuller QC

Todd Fuller QC – Prosecutor

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  • Crown prosecutor Todd Fuller QC: One of Queensland’s top silks, Mr Fuller is an assistant director of the Office of the Director of Public Prosecutions. He studied law at the University of Queensland and was admitted as a barrister in 1989. Mr Fuller was appointed principal crown prosecutor at the DPP in 2003. In recent years, he has successfully prosecuted cop killers Phillip Graeme Abel and Donna Lee McAvoy and triple murderer Max Sica.

 

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Dear Mr Fuller – this is our page, dedicated to you, to thank  you.

We appreciate you and your team’s  hard work.

Thank you, you have made a difference.

 

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  Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Gerard Baden-Clay Murder Trial Day 16 – Crown’s Closing Arguments – 8th July, 2014

Day 16

Tuesday, 8th July, 2014.

SUPREME COURT OF QUEENSLAND

SUPREME COURT CRIMINAL SITTINGS
BADEN-CLAY Justice Byrne Court 11
Floor 5
10:00 AM

Justice John Byrne

http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/jhbyrne

The jury will retire this week to consider their verdict

‘I did not kill my wife’ says Baden-Clay

'I did not kill my wife' says Baden-Clay

Todd Fuller, “YOU killed her. You attacked her.

You smothered her. You took the life from her.”

Todd Fuller QC – Prosecutor

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The jury has entered court, with GBC, defence and prosecution waiting for Justice John Byrne to enter.

Justice Byrne addresses the jury, “You will not be sequestered, it is up to you if you want to deliberate on Fridays and weekends.”

Michael Byrne, QC continues his closing argument.

Byrne, “A person charged with a crime is not under obligation to give evidence.   Gerard spent some period explaining his life with Allison, their relationship, their problems.  You might thin that he didn’t hold back.  If you (the jury) think that Gerard’s evidence is credible and reliable, you have to find him NOT GUILTY OF MURDER.

Gerard denied killing his wife, denied dumping her body, denied leaving his girls home alone to do so.  If you think his evidence was not convincing, but left you in doubt as to what happened, he is still not guilty.

Gerard didn’t have to give evidence,  he elected to do so. Gerard exposed himself to cross examination, where he was attacked by prosecutor Todd Fuller.

Gerard wanted to tell the jury a detailed history of his lie, Gerard’s lapses were in respect to women and keeping quiet about such liaisons.  It’s not something shared with family, it is not something shared with friends.  Gerard’s only deception related to not broadcasting his straying particularly from his wife (edit and his lover.  Good grief).

He admitted all of t hat and you saw him speak to that (edit, he is an angel, he was CAUGHT THEN ADMITTED IT).

Gerard is not the type of person to explode in temper.  Apart from Allison slipping back into depression and the birth of her male nephew, things were as they always were.  I urge you to pay attention to details.  Think in the scenario of waking up to find your partner gone from their own lives.  This is not a person who is hiding, who violently murdered his wife the night before.  You should consider one piece of evidence – Gerard telling Toni to tell police the truth.  That is not someone who has just violently killed his wife.

There are two possibilities:

1.  Gerard murdered his wife and dumped her body.

2.  Gerard was worried about his wife and expected her to be found at any moment.

It is telling that Gerard on the morning of 20th April told police about the affair.  If she was dead, and he knew she was dead, why would he care?  Gerard had asked his dad and sister to leave t he room.

The jury must deliver an unanimous verdict.  You must make your decision on evidence.  The sensational media coverage has taken this case to the lowest common denominator.  You must ignore it.

The media coverage must be completely out of your contemplation.  Each member of the jury is in the best possible position to assess the evidence.  You have seen the Kholo Creek bridge, you have walked through the house.  On all the evidence, you cannot find Gerard guilty of murdering his wife.

There isn’t a cause of death, there aren’t realistic means of carrying it out.  Your verdict on the evidence must be not guilty.

Michael Byrne QC has taken his seat.

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TODD FULLER IS BEGINNING TO ADDRESS THE JURY.

It is not unknown for a person of previous good character to step outside his character.  We have been programmed to have an expectation as to how someone should behave.  We have all seen someone under pressure react in an unexpected way.

Jurors are participating in a process to determine whether Gerard killed his wife.

It is not about the mechanisms, it is about whether you are satisfied if he did it.

If you apply your experiences, your knowledge of that person to make your decisions.  A courtroom is an unofficial environment.  You can’t have a relationship with any o the people who come before you.  You are restricted to what people say in the courtroom and how they say it.  On the surface, the Baden-Clay’s appeared to be a perfect couple.  It was just a facade.

They were two desperately unhappy people, for different reasons.   Allison was a woman who battled for years to keep her marriage on track.  Gerard would go home to his family, then slink back to his mistress.  Gerard conducted an affair with a woman from the office, where his father worked.  This shows the level of bravado and confidence Gerard can use to carry off deception.   He  presented a number of faces to a number of different people, right up until his evidence in this trial.

Gerard cried when he spoke of falling in love with Allison.  What about his reaction when asked about the first time he told her he no longer loved her?  The pressures on Allison hadn’t changed for years.  The pressures on Gerard had.

The killing was the result of a set of circumstances, accumulating over time.  Gerard is a man who prided himself on his achievements.  Look at the difference between the answers Allison and Gerard gave to the counsellor when asked about themselves.  Allison said she was a wife and mother.  Gerard said he was the president of the chamber of commerce, etc.

The jury needs to decide whether Gerard killed his wife, if there was intent.  Nobody saw the killing, nobody has confessed, it means that the case is circumstantial.

A circumstantial case is a much maligned term.  It can be every bit as compelling.  The jury must look at the evidence as a while and make a decision from that.  There is a superficial attraction in looking at each piece of evidence.  It is the context of everything that each witness testifies to, is what you must look at.

Yesterday afternoon the defence discussed Allison being stressed and subdued at the hairdresser.  The defence spoke of a psychiatrist who had never met Allison.  The defence claimed she was so depressed she’d gone walking into the night never to be seen again.  In context Allison was a general manager going to a major conference.  Allison had a cold, does that put things in context?  The women at the office had told her to leave early for the hairdressers, there had been a crash, there was a lot of traffic.  Allison had made a phonecall to the hairdressers to say she was going to be late.”

Mr Fuller said the defence theory, once placed in context, could not be substantiated.

“You’ve been led astray,” he said.

Fuller is discussing the evidence of Amanda Reeves, the DNA expert.

Fuller, “Reeves told you statistically, that the blood in the car belonged to Allison Baden-Clay.  The blood was found in Allison’s car.  The other people who used the car were DNA tested.  The blood did not belong to them.  They only owned the car for eight weeks.

SHORT BREAK

Justice Byrne, “Please contemplate sitting hours of 9:00am until 4:30pm excluding weekends.”

Fuller, “Please contemplate the evidence through Gerard’s eyes”

The suggested trigger that Allison was upset over was the birth of her nephew which came six years after her last child.  The affair may have been more on her mind than Gerard’s brother having a baby boy.  The pressures were building on Gerard, personal life and business.  So what does Allison tell us in death?

You can safely conclude that her body was dumped where it was found.  It did not fall from the bridge, it did not wash up.  Her body was found 13klm from home.  It would have taken a considerable time to walk it, due to distance.

Both cars were at home, she either walked or was taken there by someone else – there isn’t any evidence of that.  Allison was a reluctant exerciser.  Do we have her walking that distance?  Even Gerard said that Allison normally walked to avoid hills.  She did not walk there to die, did not negotiate her way down to the creek bank.  The police didn’t find a single person who saw her walking.

Kayakers had to negotiate the pipes to go along the creek.  The houses are some distance away from the Kholo Creek bridge.  There is room to pull over in a car.

COURT – Pictures of the Kholo Creek bridge area.

Under the Kholo Creek bridge.

Court exhibit – Kholo Creek bridge (underneath).

Fuller, “Be careful of the presumptions they make.  The dark coloured Captiva is less conspicuous than the white Prado with personalised plates.

Gerard had sold a house nearby.  Gerard could have been at the bridge quickly in the middle of the night with no traffic.  Ten, thirteen minutes.

Court – Photographs taken on 30th April, 2012

Kholo Creek bridge.

Court exhibit, Kholo Creek bridge taken April, 2012.

There have been significant changes to the bridge area since Allison’s body was discovered.

Court – Photographs taken on 30th April, 2012

Reviews of the rainfall from 19th April to 30th April, 2012, the evening of 28th April to morning of 28th April was the only rain.  So where is the mud that is going to be there on 19th April?

There isn’t any evidence that there would have been mud there at the time.

Court – Picutre of the underneath the bridge

Fuller is discussing the differences in the slope now to the time of Allison’s death.  It has not been made steeper.  

Fuller is talking about the officer who fell when they discovered Allison’s body.  He fell negotiating a different track.  The idea of mud dissipates under the bridge, where the rain doesn’t reach.  So don’t be distracted by the mud.  The officer didn’t fall walking down or  under the bridge.  He fell in the mud by the water’s edge, below the body.

You can pull over on the right hand side of t he bridge travelling from Brookfield.  It hadn’t rained.

Court – Photographs of Allison’s body.

Her body was pushed off that ledge and fell to where she was.  That is where she remained.  The positioning of Allison’s arms and legs are consistent with her being rolled/pushed off the concrete ledge above.  There was a dent in the mud after Allison’s body was taken away.  It remained even in August.

Court – Photograph of Allison taken from the ridge above.  It shows the positioning of her arms and legs.  

You should be satisfied that she didn’t fall down there or negotiate her own way down.  She didn’t jump the bridge.

If Allison had fallen from the bridge and landed on the ground, she would have sustained serious injuries.  If Allison had fallen into a depth of water, she would have  had to have washed up onto the bank.  At best the water lapped up against her.

Allison’s body was clearly underneath the bridge, not next to it.  She had not fallen from the bridge to end up in that position.  The pathologist said that Allison’s body did not have the appearance of having been in the water.  There would have been injuries from bumping into things as she was moved by the water.”

Fuller is talking about the time lapse footage of the rise and fall of the tides used by the defence.

Fuller, “The time lapse made it seem like debris was floating past quickly.  No so, the tide takes six hours to come in and out.  It was not a constant forceful stream as it appeared in timelapse.

The pathologist said that there were post mortem changes consistent with her being in the same position from soon after death.

The top half of the body was mummified, the bottom half in mud was putrified.

For Allison to have been washed up the creek, she would still have had to have made it 13km from home.

Court – Maps of the creek

Court – Tide charts for the relevant dates

Court – Tide heights and times from the time the footage was taken for defence in June, 2014.

Fuller, “This shows the folly of their footage.  Tide heights were different, the topography was different, the water flows, etc.  There weren’t any markings in the footage to show where the body would have been.  whether there was water lapping around her body wasn’t the point.   There had to have been enough water to make  her bouyant, deposit her there and recede.

Allison’s body was at the 1.5m mark.  Tides fell below that mark during the relevant times.  Rainfall would only have affected the low tide.  You can be confident that the water never reached Allison’s body.”

Gerard has a notepad on his lap, pen in hand, listening to the prosecutor’s detail.

Fuller, “You will conclude, she was not in a depth of water.  In that case, what does that exclude?

The trial is not about establishing a cause of death.

If Allison’s body had not been so decomposed, the pathologist would have been in a better position.

The diatom expert (organisms in water) said there weren’t any in Allison’s system.  This shows that drowning is unlikely.

If Allison didn’t drown, if she didn’t fall, if she wasn’t deposited by the water, what is left?

ADJOURNED FOR 20 MINUTES

Fuller, “Allison’s body was left where it was to delay discovery.”

Court – Photographs showing someone would have to be standing on the edge of the ledge to see Allison’s body.

Fuller, “Why do you have to distance yourself from the body?  That is because you’ve killed someone.”

Fuller addresses the jury, “Do you know of anyone good at hiding things, covering their tracks, someone who has lived a lie?  Gerard corrected his evidence, saying it was his idea to put the tracking app on their phones.  Gerard claimed it was to give his wife peace of mind.  It was good peace of mind, Gerard had kept on with the affair.  Gerard knew how to turn it off, he manipulated his way around it.

Gerard gave Allison his phone to check but just deleted the calls to his mistress. “

Fuller is discussing Allison’s body and talking about the jumper wound around her head.

Fuller, “Allison’s walking attire isn’t her normal attire for walking, by the way.  Allison still had her rings on, whoever killed her did not want to remove her wedding rings.  Allison didn’t have an ID, nor money, nor a phone.

Two possible injuries to Allison, a bruise on her chest and a chip on her tooth.  Gerard had not seen a chip on Allison’s tooth.  Decomposition was consistent with death ten or eleven days earlier.”

Fuller, “Let us look at the overdose.

Experts say that the level of drug is not consistent with her death. The levels in her stomach are not consistent with having ingested any before death.  Death from Sertraline toxicity is almost unheard of.

The defence suggested that she took an antidepressant, became disorientated, somehow made it 13km then dived or fell.  Allison had been on sertraline for a line time, nearly nine years.  Her usage was closely monitored by her psychiatrist Dr Tom George.

The defence said that she had upped her dose to 100mg and developed seratonin syndrome.  Allison’s prescription had been increased seven months earlier without trouble.

On 19th March, 2012, Allison went to her G, it wasn’t about her mental health, it was for a Pap smear.  While she was there, she asked for a script for sertraline.  She had done that regularly.  Once you have a diagnosis, people can use it against you, no matter how you have adjusted.

The 19th March appointment was not about the return of a major depressive illness, it was about a Pap smear.”

Court – Photograph of the box of Allison’s sertraline, found in the console of the Captiva.

Fuller, “Gerard told  police that he knew nothing about Allison’s sertraline, that he had been searching the house for it.  Police found the sertraline in the Captiva, a foil inside.  Ten tablets, all empty, does that scream an overdose?

She doesn’t take the tablets with her, no suggestion of that.  The box contained 30 tablets, she’d had the box for over 30 days.  You might think she had taken the last tablet close to the 19th of April.  There wasn’t a sudden change in her script from 50 to 100mg.

Allison  had been supervised throughout her time using the sertraline.

The real key to Allison’s mental health was that she didn’t go back to Dr George.  Dr George was the man who fixed  her.  The alcohol in Allison’s system is consistent with decomposition.  There isn’t any evidence that Allison went on a bender, nothing around the house.  

We are now excluding jumping, falling, death from an overdose and drowning.  Allison ticked “transient suicidal thoughts” back in 2003 during her first appointment with Dr George.

There haven’t been any concerns since.

Allison’s best friend Kerry-Anne Walker describe her as “fantastic” in 2012.    Allison was involved in the school community, she was working.  She was not socially isolated.

The night before Allison put her girls to bed, she sings  one of them to sleep.  She was engaged in the business.  On 19th April, after hearing of the birth of the nephew, Allison tells Olivia she was “thrilled”.

She has “survived” the disclosure of her husband’s affair.  Up until then she had just been putting up with her husband not loving her and wanting to leave.

Dr Bourke doesn’t refer to Allison’s depression.  He just says she was upset from problems in her marriage.  Allison was “over the moon that Gerard had finally decided to engage” when they went to see the counsellor.

Going to the counsellor showed the efforts she was making again to save their marriage.  Allison was excited about going to the conference.  She’d made plans about it.

Allison wasn’t depressed, she wasn’t suicidal.  She was busy making plans.  Allison was not affected by drugs, she didn’t drown, she didn’t fall.  She did not die from natural causes.

Allison was dumped at Kholo Creek after she was dead.  This means that someone had killed her.

Police took interactive photos above Kholo bridge where Allison's body was found so they could later revisit the alleged crime scenes via computer

(Notice lack of Fishbone Fern and Crepe Myrtles?)

Was she strangled or smothered?  She wasn’t shot or stabbed.

We now turn to who did it.

Gerard was doing business as usual that night.  He sent out group work texts.  Gerard claimed that he got up after 6:00am and found that she was missing.

In the house that night, no-one hears anything, including the children.

Court – Photograph of the house, showing the girls’ bedrooms.

Fuller, “Both girls’ bedrooms at the front of the house had controls for an air conditioner. “

Court – Photography of Allison and Gerard’s bedroom.

Gerard claimed that noise travelled quickly through the house, but the bedside table had a baby monitor on it.   Why do you need a baby monitor if noise travels well through the house?

The lay-out of the Baden-Clay home.

A woman gave evidence of her daughter screaming down the street, those screams weren’t  heard in the Baden-Clay house.

Evidence from the youngest girl was that mum (Allison) came back in to check on her.  She was asked, how do you know?  She said that she knew, as she promised that she would.  One of the girls was asked what her mum was wearing that night.  She said that she can’t remember.  The girl said that she thought her mum was wearing a sloppy jumper and pyjama pants.  The girl was positive that it wasn’t her work clothes.   Is it conceivable that she had on the clothes she was found in?”

Fuller will talk about where her death occurred.

Fuller, “Allison’s body tells us one more thing.  That is the leaves.”

Court – Photograph of the leaves and twigs found in Allison’s hair.

Fuller, “They inexplicably link Allison Baden-Clay to the house and her death to the house.  The leaves were found in and around her hair and her jumper.

Botanist Dr Gordon Guymer had to physically disentangle the leaves from her hair.  What is the possibility that all six were deposited by the creek and no other types of foliage?

What is going to be in the creek?  The plants growing around the creek?  None of those ended up in her hair. 

Could this man be so unlucky?  Of those six plants, only two are located in the area.  Not the vicinity, in the area.  It is not like she’d be lying underneath a Chinese Elm.  Seven crepe myrtle leaves were in her hair.

The court heard the girls detailing the last evening they saw their mother in the family home at Brookfield

There wasn’t any Crepe Mytle found at the creek.  At her house there is a Crepe Myrtle at the front of the house, next to the carport, next to the driveway, and the back of the house.

Neighbour Kim Tzvetkoff said he heard a woman's 'loud exclamation' from the Baden-Clay house across the road sometime between 7.30 and 9pm on April 19, 2012

Court – Photograph of Crepe Myrtle leaves covering the back patio area.

Gerard Baden-Clay wiped away tears in court on Thursday as taped interviews with his three daughters were played

(Have a look at the back window, can you,if you look for a while, see a large female face, seemingly etched in the glass?).  Very sad.

It is not just that they were there, they were there in the highest proportion.  Seven found in her hair.  They inextricably link Allison Baden-Clay to the house, and her death to the house.”

Fuller is talking about the Cat’s Claw Creeper that was found in and around the carport of the house.

LUNCH UNTIL 2:30PM

Fuller continues to speak about the leaves in Allison’s hair.

Fuller, “Eucalyptus was found in Allison’s hair.  There was a fair amount of litter in the backyard.   Chinese Elm was found at Kholo Creek but also one at the house.  One leaf was found on Allison.  The Fishbone Fern grew to 90cm.

Think about where your head would be to come into contact with a 90cm plant.”  Fuller gestures like he is holding something.

Court – Photograph of the leaf litter over the back patio.

Fuller, “There isn’t Lillipilly at Kholo Creek, there is one in the front of the Baden-Clay yard.

One Lillypilly, one Chinese Elm, lots of Crepe Myrtle, lots of Fishbone Fern, lots of Cat’s Claw Creeper.

The combination of all six plants are at the house.  All six are in her hair.  Then we get to the creek where there is a Eucalyptus and a Chinese Elm.

The only conclusion you can draw is that her head came into full contact with the lea litter at the Brookfield house.  Was there a struggle?  Was she dragged?  Does that explain the Cat’s Claw Creeper leaves detaching into  her hair?   Otherwise, they have all fallen from somewhere else, and have ended up in the creek at the same time, and come into contact with Allison.  Otherwise, they have fallen into the creek somewhere else at different times and somehow all ended up on Allison.

This is what connects her to the  house, ladies and gentleman.

I will now speak about the Captiva.

There are three rows of seats in the Captiva.

Court – photograph of the middle row.

When the police find the Captiva, the back row of seats are down, baskets of toys have been put in the back.

Several police looked at the car during the day and didn’t notice any blood in the back.  That is because it was next to the footwell, which was covered by the rear row of seats when they were folded down. The blood was hidden from view unless the seats were folded up.

If you didn’t know it was there, would you see it?  They only had the car since 25th February, 2012.  No-one was aware of any reason for the blood to be there, or of any previous injuries.  There wasn’t a blood trail in or out of the car.  Gerard did not take his Prado when looking for Allison that morning.  If you are alarmed that your wife is missing, why haven’t you taken the first vehicle you come to?

He, instead, reversed the Captiva out.  The roads he takes are the perimeter of where the police later triangulate her phone.  We know Allison took the children to school the day before in the Captiva.  They put their bags in the back, no toys.

Allison was at the hairdressers until late.  It is unlikely that she would then have put the toys in the car when she returned home.  Allison’s blood, in the car, supports the Crown’s theory that some violence was done to her.”

Fuller talks about the scratches.

Fuller, “Where the scratches an indelible mark left on Gerard’s face by his wife?   The defence’s claim was that he didn’t try to hide the scratches, that it is another one of his virtues.

Gerard told his nine year old daughter he had cut himself with a blunt razor.  What a terrible thing that on this one morning, when he was in a hurry, he does his, “shit, shower, shave” in the wrong order.  One of the girls said that her dad shaved before his shower that morning.

Gerard said that he was rushed.  If you have to do the same two things, is it any quicker to do them in the reverse order?

Nigel asked his son what the marks on his face were.  The police also asked.

Court – Photo of Gerard with the scratches visible on his cheek.

When the next police arrived, he volunteered the information.  They asked one question.  Same with the next lot of police. One police officer suggested that the marks didn’t look consistent with shaving cuts.  Gerard repeated his story.  Gerard wasn’t pushed, or challenged or interrogated.

Priscilla Dickie noticed the scratches, so did Kerry-Anne Walker.  There wasn’t any mention of the other injuries at that time.

Court – Photograph.  Fuller is pointing out the smaller marks at the bottom of the larger marks.

When it is suggested that he didn’t try to cover the marks on his face, they should look at the smaller cuts on the bottom.  Gerard knew he would have to explain the cuts.  He made up the false explanation and started by telling his children.

The next day he went to see the doctor.  That doctor didn’t make any mention of the smaller cuts.  You might think that they had healed.  Gerard told the doctor that he had made the cuts in one motion.   He told others in three motions.

He then, of course, gave the doctor his business card.

Gerard’s visit to the doctor later that day revealed all his other injuries, including the one near his shoulder.   The marks by his shoulder were never explained.  They are consistent with someone pulling on his clothing.”

Fuller shows another photo of the cuts on Gerard’s face.  “He is starting to grow a beard ladies and gentleman.

The pictures are taken on 21st April.  Gerard didn’t shave again.  Gerard explained that day that he had been startled while shaving, rather than rushed.

Gerard’s evidence on the stand was that he stopped, then went again.

The second GP was of a view that Gerard’s razor was not consistent with causing marks on his face.  Dr Griffiths saw him two days later.  A forensic specialist.  Dr Griffiths described the scratches as irregular, not straight as yu’d expect from a razor.  Dr Griffiths thought they “could not” have been caused by the razor.  Three experts were given the photographs of the scratches to look at.  All three saw it the same way, all used the same language.

Dr Hoskins said, “typical of fingernail marks”.  Raggedy and parallel.   The smaller scratches down the bottom appeared to have been caused by a razor.

Dr Stark calls the marks abrasions.  Dr Star also said “consistent with fingernail injuries”.  Dr Stark did not consider the marks typical of shaving injuries.

The evidence from Dr Wells was that the first thing that came to mind was fingernails or a canine claw.  Dr Wells could not see a mechanism whereby they could be caused by the razor.  The marks occurred after his children went to sleep and before they got up.  After they last saw their mother and before they got up to find her missing.  They can’t say whose DNA was under her fingernails but there was a possible second contributor.

There was a struggle.  Allison had left her mark upon Gerard.  One of the things the jury must find is intention.

This is close quarters, close up violence.  They were in arms reach of each other.   The only injury she could do to him was the scratch to his face.  She was unable to raise the alarm.  She was unable to cause any injury to him other than the face.

Does that not speak of the mechanism that was used?  If it was efficient and effective,  what is in the mind of the person inflicting the violence?  Is it such a virtue that Gerard lied about the scratches and tried to cover them up?

How was he going to hide them from the people he had to deal with that day?

How long was that going to be a secret?”

Fuller mentions the phone, placed on charge at 1:48am.

“The only person to back that Allison had his  phone all night is Gerard.

Would Allison have gone around the side of the bed to Gerard’s side to plug it in?

SHORT BREAK.

Fuller is talking about the pressures on Gerard at the time.

Fuller, “Gerard had pressures from business, pressures from his wife and pressures from his mistress.

It isn’t about Allison and her state.  It is about Gerard.   Gerard had the ability to recall his travels and his honeymoon while on the stand.  What level of detail did he have when describing his conversations with Toni?  What is more important, is that hose conversations he recalls from when Lady Di died.

It was more important to Gerard to play up his wife’s battle with depression.   Gerard took it upon himself to “help you out” with details of Allison’s illness.

Gerard was caught out with the testimony of Ms Nutting, counsellor, who said Gerard didn’t believe in depression.  

Toni wasn’t a “flash in the pan, oh I need sex”,  he was with her for three years.

Gerard throws in that the medication made Allison put on weight.  That it affected  her libido.  Gerard tried to turn his affair with Toni into a virtue.  He was counselling her over relationship problems.

Gerard resumed with Toni after Allison found out.  The ground rules had changed then, this was done by Allison, who was no longer putting up with Gerard’s behaviour.

The emails between Gerard and Toni were much more than him placating her. As early as 2009 he told Allison that he didn’t love her and wanted to leave.

The ultimate insult was telling staff that he still loved Toni after Allison found out about the affair.  It is a matter for the jury to consider Carmel Ritchie’s testimony about Gerard not being keen on her advice.

Gerard claimed that there was no financial pressure.  His call to Sue Heath had him in tears, saying that he would go bankrupt.  

On 1st May, it wasn’t just a call to the insurance to advise them of the death.  He made inquiries about making a claim.

There had to be strains in the marriage from at least 2009.

So supportive of Allison’s depression was Gerard, that he had an affair with Michelle Hammond.

He had been in a relationship with Toni for a year when he and Allison went to see Dr George.  When Gerard and Toni got together, she was still living with her partner of 17 years.

There is a contrast between Gerard and Toni in that Toni separated from her partner.

Is Gerard  the perfect dad by coming home to his children each night?  He said that afterwards he would meet his mistress.

Not everything was content with his relationship with Toni, as we’ve heard about Jackie Crane.  They planned for Jackie to stay with him at the conference.

In 2009, Dr George said that Allison was symptom free, despite she and her husband living separate lives.

Another psychologist wanted Allison to come and work for him once she’d finished her studies.

In 2010 Allison confides to her best friend that Gerard said that  he didn’t love her anymore.  Allison didn’t confide in her best friend about the affair. She protected him, she was loyal.

Court – Allison’s journal.  “I have a loving marriage with a wonderful relationship and great sex.”

Allison speaks of her daily disciplines.   Exercise, supplements, listening to a CD, and drinking water.

Court – Allison’s gratitude list.  One reference is to her husband, with  A woman who is scared to drive?

One reference with regard to a loving text that she had received from him.

Another page – “The flash car I was able to drive today” on the gratitude list.  A woman who is too scared to drive?

Allison’s mention of Gerard “being a gadget person”.

Allison was grateful for “Snowy the Prado” which is mentioned in her journal.

In 2010 Allison consults with Dr Lumsden, psychologist, as she wants the doctor to speak to Gerard.

In August, 2010, Allison writes that she is the happiest when she is with her family and friends.

Journal:  I wish my marriage was like it was before the ceremony.

Journal:  I would give anything if my partner would make love to me.

Journal:  If my relationship ends it will be because Gerard has had enough and doesn’t love me anymore and all the crap I have dished…

Fuller, “This is an insight into Allison.

Journal:  I would give anything if my partner would love me and make love to me.

Journal:  If my relationship ends it will be because I didn’t work hard enough.

Journal:  Maybe I am still harbouring regrets about getting married and whether I made the right decision.

Fuller, “You might think that Allison’s harshest critic was Allison.  She wasn’t afraid to look at herself in the mirror and ask what she could do to make  things better.  Allison knew Gerard didn’t love her.  Her best friend suggested he might be having an affair.  There wasn’t any return to depression.  The new Allison gave her husband an ultimatum.

Allison said that, ” it is her or me”.  She told him that Toni would no longer work for them.

Allison was the one who tried to share his goals, his passions, by joining the business.  How did Gerard repay her?  He phoned and emailed Toni.  Of course, after telling other staff he still loved Toni.

Gerard claimed that he wanted to do anything to help Allison.  Really?  He didn’t believe depression was an illness.

Allison wanted to pick up her marriage and make it work despite everything that had happened.  Allison had flashbacks of seeing Toni’s car.  How would she react to seeing her at the conference?

It is Gerard, not Toni, who resumes the relationship.  Gerard made the decision to go back.  They now had brief windows of contact.”

Court – Email between Toni and Gerard.  Toni is telling how she feels about being the “other woman.”

The next email Toni recovered, they were planning a life together.

Email Gerard to Toni – “I have given you a commitment and I intend to stick to it.  I will be separated by 1st July.”

Fuller, “Gerard was in love with Toni.  This man wanted to be with Toni McHugh.  However, he was straddling the fence.  He didn’t have the courage to stay, he didn’t have the courage to go.

Email Gerard to Toni – “This is agony for me too.  I love you,..Leave things to me now…I love you..”

Fuller, “Leave things to me – does that mean leave me alone?  This is at an end?  It is still a relationship, it is still ongoing, it just has taken a different form because now he is under a tighter leash.  While Toni is discussing rental properties for them, Allison is speaking of their marriage counsellor.

Toni had told Gerard that if he had to make a choice and his choice was his wife, that’s OK.

Toni fell for the Baden-Clay product and fell hard.

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Gerard Baden-Clay Murder Trial Day 15 – Defence’s Closing Arguments – 7th July, 2014

Day 15

Monday, 7th July, 2014.

The jury will retire this week to consider their verdict

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OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES

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Court resumes today with the Crown and Defence giving Closing Arguments along with Justice John Byrne giving his summation,

with specific instructions on howthe jury should reach a verdict.

The jury, of five women and seven men, will deliberate.

 

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“I just wanted sex” – Gerard Baden-Clay

“I didn’t love my mistress” – Gerard Baden-Clay

“Murder Claims are absurd” – Gerard Baden-Clay

 Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

CLOSING ARGUMENT – MICHAEL BYRNE, QC, DEFENCE.

Byrne, “I have prepared some powerpoints to assist the jury.”

01.  The jury might think it has been a who dunnit play, a media circus or a soap opera, it is not so.  The jury shouldn’t be caught up in media hype.  GBC has been charged with murder, the most serious crime one can be charged with.  He has been charged with murdering his wife of 14 years, the person  he had three daughters with.  GBC is accused of somehow violently ending her life in the home he shared with her and their three daughters.

GBC has not ever been seen to be violent or argue with his wife.  One of the first witnesses, a police sergeant, regarded Gerard as one of the nicest guys in the world.  The jury has seen what GBC  has done in the community.  This case is about the evidence, not about what the media has said.  GBC  was confronted by an angry and abusive Toni McHugh, he didn’t become angry or violent on that occasion.  Once the jury has carefully considered all the evidence, they should not be satisfied beyond reasonable doubt.

It is not about feeling sorry for anyone, it’s about looking at the evidence.  In every trial, the prosecution must prove a number of things beyond reasonable doubt.  The prosecution must prove Allison is deceased, that Gerard killed her.  The first point is not in contention, the second point is.

A third element – intent  must be proved to be satisfied of murder.  The burden rests on the prosecution to prove GBC’s guilt.  That means Gerard has nothing to prove, he does not need to give evidence or call evidence.  He does not have to prove anything to you, particularly his innocence.  He is, as is anyone, presumed to be innocent.  The burden is on the prosecution, to prove beyond reasonable doubt that he is guilty.  If the jury has reasonable doubt, their duty is to acquit.

The prosecution case is a circumstantial one.  That means that isn’t any direct evidence that Gerard Baden-Clay killed Allison.  There aren’t any eye witnesses, no admissions.  The case relies on circumstances.

An example is that GBC was the last person to see Allison alive.  Does that mean he killed her?  No.

COURT – Slide being shown.  Slide states, “Jury has to believe Crown case is only rational inference that can be drawn from the circumstances.”

Byrne, “A jury has to believe there is real and substantial evidence linking the aspects of the circumstantial case.  One fact is that Allison’s blood was found in the car.  The jury has to believe that the only rational reason for it being there is GBC transporting Allison’s body.

There wasn’t any blood found anywhere else in the carport, garage, side of the house, back patio, inside the house.  The blood in the car cannot be aged.

The jury’s task is complex and important.

COURT – Slide of the end of GBC’s cross examination where he was asked if he killed his wife.

Byrne is highlighting certain words that the prosecution used, such as, “either” and “perhaps”.

Byrne, “It is not on the balance of probabilities, you have to be satisfied beyond a reasonable doubt.

We will now work through aspects of the evidence.

How did Gerard kill his wife?  How did she die?  What caused her death?

How can the Crown say that Allison was violently murdered?  Does the evidence even reveal how she in fact died?

The jury should think of the evidence of pathologist Dr Nathan Milne.

The pathologist examined Allison’s brain, organs, and could not establish a cause of death.  A precision 3D  CT scan was conducted and could find no definite injuries to Allison’s body.  It is alleged that there was a violent intentional murder.  No injuries were found.  Dr Milne went over Allison’s clothing.  Her singlet, her bra, pants all properly in place.  Jumper over her head.  The sneakers tied up, over the socks, everything in place.

There wasn’t any evidence of fractures, there wasn’t any injuries to the larynx, hyoid bone.  There isn’t any evidence of crushing fractures, that is the uncontradicted  evidence from the pathologist.  There was something on the ribs on the left hand side that was a possible bruise.  Dr Milne had seen thousands of CT scans and could see no defects.  He called a radiologist who could not see anything.  Allison was 43, with a history of asthma and a long term diagnosis of depression.  Allison had alcohol in her system, at least half, possibly all, due to decomposition.

Neither the pathologist nor associated experts could come up with a cause of death.  The pathologist looked at causes that could not be excluded.  Alcohol, and medication were one, although unlikely.  Drowning, a fall, could not be excluded, although unlikely.  The pathologist could not determine a place of death.  They couldn’t exclude the body being moved after death, by tide or person.”

Byrne points to Gerard.

“This person is facing the murder of that woman.  We don’t have a cause of death.  I remind you again that you need to make your decision, beyond a reasonable doubt.

Allison had a chip on her tooth which couldn’t be aged.  No other injuries, no cracking to the tooth, no damage to the jaw.  The prosecution has to prove murderous intent – there aren’t any detectable injuries, there isn’t anything whatsoever.  The prosecution has to exclude all other reasonable explanations.

The causes of death left open are alcohol, sertraline toxicity, drowning, and falling from a height.  

The body was located under a bridge.

Short adjournment.

The judge is giving the jury periodic breaks to help their concentratiion on closing arguments.  The judge advised the jury to return when they feel comfortable.

Byrne, “There wasn’t a crime scene at the house.  I will take you through the police’s evidence.

01.  First response officer Constable Ash saw marks on Gerard’s face and thought perhaps domestic violence.   Constable Ash was doing his job.  The officer looked around the house, he didn’t find any sign of a struggle.  He didn’t find any blood.  At 8am, Constable Ash didn’t find any signs of violence.  What was alleged was that a violent killing had occurred in the house.  The police didn’t find anything.  They searched the carport, there wasn’t anything to look like blood.

Police completed chemical screening for blood in the carport and garage areas, they didn’t find anything.  It is one thing to say that there was blood in the Captiva, therefore it was used.  There wasn’t  blood anywhere else.

A crime scene warrant was taken out.  It is an important tool for the police.  This allowed the police to seize possession of the house and land, 20th April, 2012.  The warrant lasted seven days.  The police had seven days to thoroughly examine and search the house and property.  Police had the SES conducting a shoulder to shoulder search of the grounds of the property.

The only thing they found was a black NAB pen, that is how carefully they searched.

Do not look at media grabs or sensational headlines, look at the evidence.

EVIDENCE OF SENIOR SERGEANT EWEN TAYLOR, forensic co-ordinator.

There were scientific examinations o the house and vehicle.  No blood was found in the residence.  There wasn’t any obvious indication of a clean-up inside the house.  The Crown allege that there was a violent killing, with the body driven to the creek.  There isn’t any mess or blood, there isn’t any damage, nothing has been found.

Gerard is an accountant working as a real estate agent, he doesn’t know how to clean up a murder scene.

Edit – oh rubbish, remember, GBC claimed he did up to 90% of the work and that he cleans up rental properties, the defence went too far with the above comment.

Gerard and Allison aren’t alone in the house, they had their three young children with them.  You, the jurors, have been through the house, you have walked through it.  The girls had called out through the house, they would have heard it.  The house isn’t sound proofed in any way.

Edit – except he may have killed her in the Captiva.

The three girls were taken by police on 20th April and asked what they heard.  The eldest said the last time she saw her mum was the night before, she said it was like any other night.  The eldest awoke to get a glass of water.  Her mother was on the couch in her pyjamas.

Edit – Where are the pyjamas?

The eldest girl was asked whether mum and dad had been having any fights, she said no.  The eldest girl asked if she heard anything, any car noises, she said no.

The Crown will say she had cross country, would have been tired and slept through it.  If they say it really quickly, it might make sense.

INTERVIEW WITH SECOND DAUGHTER.

Girl is asked whether mum and dad are good friends.  She said yes, and when asked why, she said that they “never fight”.  These are the words of an innocent.  Friends and employees never heard a fight.  They’re just not that kind of couple.

The second girl was asked whether her mum and dad had had a fight the night before.  The girl shakes her head.”

Byrne, “From the mouths of babes.”

Byrne, “The second girl also was asked about car noises.  She didn’t hear anything.  That is not one child tired from cross country, that is two now.  The youngest daughter said the same.   No fighting, no car noises.

Again, it is important not to take grabs, or headlines.  Take all the evidence.  From three girls, there is no argument.  Nobody heard a car start up in the carport.  The scream evidence just vanished into thin air, with the evidence of Stephanie Apps.

Mrs Apps gave  her evidence that her daughter screamed when she ran into a spiderweb.  The evidence just falls away.  Mrs Apps watched the six o’clock news about screams in the night and came forward.

The Crown theory must be that the killing occurred some time after 9pm, it is equally critical that after Gerard violently killed his wife, he transported her body to Kholo Creek.

If the evidence doesn’t prove that, the Crown case starts to collapse.  It does collapse here.  The Crown case is that after he somehow caused her death, leaving no signs in the house or carport, he loads the body.  He then takes the body to Kholo Creek and dumps her under the bridge.  Is that what the evidence shows?  We knew Allison is seen by her daughter on the couch watching TV.

Somewhere between 9pm 19th April and when the body was found, we had a change from pyjamas to walking gear.

Byrne, “How does that happen?  Is the Crown theory that Gerard somehow dresses a dead body?  Have you ever had to dress and undress a child who has fallen asleep?  Allison was not a child.

Had Gerard thought to put a jumper on a dead body because it was cold in April?  Perhaps the Crown believes he waited until morning, killed her and drove of before the children woke up.

Do any of these theories completely satisfy a jury of being the only way that it could have happened?

There wasn’t any blood in the carport area.  There wasn’t any blood in the house.  There was only blood in the car.  Sure, it is Allison’s blood in the ar.  It can’t be aged.”

Edit – car was a few months old.

Byrne, “If the body was dragged or carried through the foliage, where are the leaves in the car?  Only crepe myrtle was in the car, it is very common in Brisbane.”

Edit – ONLY IF PLANTED .

Byrne, “How does all this movement go undetected by the three girls?  The girls would have been left alone for up to 40 minutes while Gerard disposed unceremoniously of the body of his wife.

The Crown case is that Gerard got the body out of the back of the car, carried or dragged it through the grass.  Gerard climbs back up, through the grass and mud and drives home.

Do you, the jury, think such a scenario is even possible, let alone one they are satisfied of, beyond a reasonable doubt?  The jury has ventured down that ridge.

PHOTOGRAPH – Kholo Creek bridge area.  The mud and grass areas can be seen.

Byrne, “Bear in mind how police described it.  One officer said he tried to touch down after being winched but the mud was thick.”

Edit – we had torrential rain AFTER ALLISON DISAPPEARED, not when she disappeared, i.e. the area wasn’t soaked at that time.

Byrne, “One officer said that the mud was at the top of his gum boots when he tried to stand.

ADJOURNMENT/BREAK

Byrne, “When the jury visited the creek, it was a dry day, the clay still stuck to your shoes.  When we went to the house afterwards, mud was tracked onto the carpet.  The interior of the Captiva was examined for evidence of clean ups.  There wasn’t any obvious clean ups.

How do you carry a body down an embankment at night when a police officer had trouble during the day?  How was there not any mud anywhere?  This is a circumstantial case alleging murder.  The evidence clearly shows the transporting/dumping of the body did not happen.

It is the absence of those things which loom large in this.  Some earlier unremarkable incident caused Allison’s blood to be in the car.”

Edit – what is it then?

Byrne, “The evidence is key.  You do not ignore evidence.  You do not make excuses for the absence of any link between Kholo Creek and the house.  The jury cannot make excuses because Allison is dead and someone should pay.

Gerard gave police access to  the house and cars, his conduct was consistent with a man who wanted his wife found.  It is completely at odds with a man attempting to conceal a crime scene.  This is because there was no crime scene at the house.  The jury should not have sympathy for Gerard, for Allison or her family or for Gerard’s family.  They should dispassionately look at the evidence.  Gerard and Allison had been married for 14 years, their life had been unmarked by any signs of violence.”

edit – yes reported violence.

Byrne, “Together they had gone through years of Allison’ depressive illness.  It was not a passionate relationship, there had not been any intimacy for years.  All relationships are different, nothing wrong with that.  The sexual passion was gone, they had a companionable relationship.  One or more of the jury might find it abhorrent that someone in a marriage is unfaithful.

Some of the jury might think less of Gerard because he was not faithful to Allison.  Gerard was unfaithful not once, but more than once.  Maybe the jury will find his morals despicable.  That is a fair cry though from labelling him a murderer.  The Crown alleged motive – he wanted to leave his wife and be with Toni.  Like the screams and bumps in the night, the Crown worded it as a circumstance.

When the jury scrutinises the evidence, they will see that wasn’t the case.  Gerard did not want to be with Toni.  Even Toni knew in her heart that that was not the case.  Toni agreed that her relationship with Gerard was up and down all the time year after year.

Toni was convinced their relationship was over after Allison found out.  Gerard contacted Toni again after three months.  Whatever the jury thinks of Gerard’s morals, they can’t convict him on his morals.  Gerard made promises to Toni, but in Toni’s words, “again nothing happened.”  Gerard’s affair didn’t occur on the weekends, he’s married, he was with his family.  It was a pattern of promises, no action.  It had been going on for years, Toni agreed with that.  Toni said that Gerard was good at making promises, nothing ever came of them.

Gerard wasn’t even faithful to Toni.  To be brutal, he was not sexually faithful.  Toni wasn’t the only woman Gerard was going to leave his wife and children for.  Gerard gave Toni a date when he would leave his wife, his wife’s birthday.  This does not mean he is guilty of murder.  Toni did not believe this date.  If Toni didn’t believe, why should the jury?

Gerard’s email to Toni, “Leave things to me now.”  Toni always left things to Gerard, nothing ever happened.  Gerard and Toni would communicate during the week, on 19th April they spoke of the conference the next day.  Gerard did not hide the fact that Allison would be at the same conference as Toni.  Toni described it as “I just felt like I was being played again.”

Byrne, “Gerard didn’t have any intention of leaving his wife and children for Toni McHugh, there wasn’t any reason to.

Does he kill his wife to be with Toni McHugh?  Not likely.  On 20th April, Toni asked him what happened.  Had their been an argument?  Gerard said no.  Gerard told Toni to tell the truth.  Gerard was not hiding anything, he was trying to find his wife.

When the three year affair was revealed, Gerard confessed.  If there was going to be a trigger, an explosion, it would have been when Allison found out.  There were tears, without raised voices.  It was talked about calmly.  Gerard was not one to explode.  He went to see Toni and told her it was over.  Gerard didn’t lose his temper, he went to work, called if staff individually and told them what had happened.

That is the type of temperament that the evidence shows you that Gerard Baden-Clay has.

Todd Fuller vigorously put questions to Gerard and he still remained calm.  The only emotion was when he was “reliving” parts of his life with Allison and the shock o her going missing.  They might think premeditated murder is absurd on the evidence presented.  They might think spontaneous murder with a background of t he Footy Show is just as unbelievable.

Is financial pressure a reason for killing your wife of 14 years?  Gerard is an accountant with accountant mates.  They don’t say this was financial pressure “bearing down on him”.”

Byrne is discussing GBC’s finances and shows a table of Gerards financial balance sheet.  Gerard’s finances were structured personal versus business., Byrne claims the figures are healthy as the assets exceed the liabilities.”

Edit – what assets?

Byrne, “Gerard had substantial personal assets at the time.  Gerard had confidence that  he could find the money to pay for the rental side of the business. If you look at the evidence, Gerard wasn’t under financial pressure.

Gerard’s accountant friend Rob Cheesman went through the business accounts, along with two other friends.  The friends believed Gerard was optimistic about how the business was going.   There really was a positive balance of about  half a million dollars.

The friends testified that Gerard could have let those businesses go broke and walk away, there wasn’t any personal risk to Gerard.  This was the opinion of Gerard’s close friend Rob Cheesman.  Gerard’s other friend Stuart Christ also went through the financial records.  The third friend was Peter Cranna.   All three were  happy to lend money to Gerard after going through his documentation.

Adjourning for lunch until 2.30pm

Byrne is discussing Sue Heath’s evidence.  

Byrne, “Gerard spoke, distressed to Sue, saying that he needed money from her friend, Bruce Flegg.  Dr Flegg’s evidence was that when he spoke with Gerard, Gerard had “moved on’.  Gerard was by then speaking to other people about sourcing money and was ‘confident’ about that.”

Byrne is now discussing the insurance policies.  Both Gerard and Allison both had policies.

Byrne, “I would like to remind the jury of the evidence of Nigel Baden-Clay, who has a background in the insurance injury.   It was only prudent that they had two policies in place, being a young family with young children.   there was contact with the insurer after the discovery of Allison’s body.  Nigel arranged Allison’s life insurance policy, he had a background in the insurance industry.  Nigel told Gerard it was his obligation to notify the insurance company of Allison’s death, following the discovery of the body.  Nigel filled out the paperwork on behalf of his son and Gerard signed it.  There isn’t anything untoward, you might think, about that approach.”

Toni McHugh new Nigel and he had suggested she take out life insurance.  Byrne said the claim on the lie insurance should not sway the jury.

Byrne is talking about the plants and leaves found on Allisn’s body and whether they link her death to the house.  The leaves were not in the Captiva.  Byrne is discussing the evidence of the botanist, who went to the creek, walked the streets and surveyed plants growing in the area.  One of the plants found in Allison’s hair was a Cat’s Claw Creeper.  Byrne said it is a pest and found everywhere.

Edit, I haven’t seen this in our area, or on acreage in our street:

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Fishbone fern – was a mixture of fallen and fresh leaves, same with the Cat’s Claw Creeper.  Byrne asked the botanist whether the plants and leaves float down rivers.   The botanist agreed.

Edit:  Allison wasn’t in the water.  Torrential rain fell just before her body was found.

Baden-Clay – back of home.  Notice the Fishbone fern underneath the Crepe Myrtle – come on, the defence really is pushing it:

Byrne said that the botanist, Dr Gordon Guymer, didn’t do a study on how much debris was moving up and down the creek.

Byrne, “It is one thing to say you went to Kholo Creek and you didn’t see certain types of plants.  The jury needs to look at the catchment area of the creek and the tidal flows.   The real and perhaps only explanation on how fresh and old leaves were found on the body ten days later is from the water.

Some of Allison’s family leave the courtroom while photographs of her body are shown to the jury by the defence.

Byrne, “This is Allison’s hair where he says leaves could have been caught up.  It pains me to say it but just bear that image in mind.

COURT – Time lapse video of the tidal flows in Kholo Creek again.

Byrne points to the area where, “You might think that the body probably was here.  Watch how much water rose to that level.”

Byrne plays the footage again and points out the areas where debris are deposited on the bank and taken away again.

Byrne,  “The pathologist described the plant material ass being stuck within Allison’s hair.  Initially, police at the scene, talked about getting to Allison’s body before the tide rose.”

Byrne is referring to evidence from an engineer who looked at the tide charts. The engineer said that he couldn’t tell if the body was below the high tide mark.

Byrne, “The best evidence is what the jury can see for themselves.”

Byrne, “Gerard didn’t give any other explanation except the marks on his face were shaving cuts.  Gerard called the police to his  home that day and the marks where there for all to see.  Gerard told everyone what happened to his face in an open and candid fashion.  Even when the police said that they don’t look like shaving cuts, he didn’t change his story.  Clearly Gerard Baden-Clay was not concerned about those marks.

Gerard even demonstrated to the jury using a highlighter to demonstrate how he cut himself.”

Edit – oh pleaaaaaaaaaaaaaase.

Byrne, “If they are not shaving scrapes, what is their significance in this trial?”

Byrne discusses the forensic experts who looked at the scratches on Gerard’s face.

Byrne, talking to the jury, he isn’t going to go through the statements again, “You have the transcripts.”

Byrne, “The first expert, Dr Margaret Stark, could not 100% say the marks were caused by fingernails.  I don’t shirk from the fact that Dr Stark said that she believed that the scratches are from fingernails.  It is important to remember that there were limitations on just looking at photographs.

THE JURY HAS BEEN SENT OUT FOR A SHORT BREAK

The judge wants the jury to have short breaks every 45 minutes to help them concentrate.

Byrne is discussing Dr Margaret Stark’s evidence.

Byrne, “Dr Stark was careful in her report not to say that they were fingernail scratches, just that they were typical of them.  Dr Stark said that there could be another explanation, although it is difficult to interpret just from the photos.:

Byrne is now discussing evidence of the GP, Dr Candice Beaven.

Dr Beaven consulted with Gerard and examined his injuries when he attended her clinic.  Dr Beaven had experience with shave biopsies and said that they look similar.

Byrne is discussing evidence from Dr Renu Kumar, a GP who consulted with Gerard.  

Dr Kumar was not 100% sure what caused the injuries, Gerard told her it was a “rushed jjob”.

Byrne, “The jury should use common sense as much as science when assessing the evidence. “

Byrne is now discussing evidence from Dr Robert Hoskins.

Dr Hoskins said it is impossible to say the marks were caused by fingers.

Byrne, “Dr Hoskins said the marks were consistent with fingernails and that is as far as he would go.”

Byrne is discussing evidence from Dr Leslie Griffiths.

Dr Griffiths agreed that any sharp object dragged across skin could cause marks.  Dr Griffiths also believed that they were fingernail scratches; however, he agreed that interpretation of photographs is imprecise.

Byrne is discussing Dr David Wells, who examined the photographs of the scratches.

Byrne said that Dr Wells said that he had “considerable difficulty” reconciling scratches from a razor.

Byrne, “Dr Wells believed it could have been fingernails, that it could have been a number of other different things.  Gerard told the doctor that he was in a rush, his wife was missing, that he was shaving in an agitated state.

Byrne is now giving a summary from Scratch Experts.

Byrne, “Dr Stark said the only person who knows how the injuries are caused are the people who were present.  Tragically, we only have one person to tell us.  Gerard has told us under oath how the scratches were caused.  The jury might think the injuries were caused by something other than a razor blade.  That is not your roll.”

Edit:  One lie, always lies.

Byrne, “The Crown has to exclude the razor and they cannot.  The jury must bear in mind that the scratches themselves do not convict Gerard.  You cannot leave out that there isn’t any supporting evidence as to how he could have killed her.  You cannot forget the lack of evidence in dressing Allison, transporting her body, and leaving the children alone.

The experts could not agree on what the marks on Gerard’s chest were.  Some said bruises, others said abrasions.”

Byrne is now discussing the evidence on mental health issues.

Byrne, “This is not done to demean Allison and the seriousness of her condition.  It is very important factual background.  The defence is that he does not know what happened to Allison.  Allison was in her pyjamas watching the Footy Show when Gerard went to bed that night.  Allison’s illness went on for a long time and kept coming back.  Stress and pregnancy triggers kept bringing the depression back.”

Byrne is discussing evidence from Dr Tom George.

Allison consulted with him for anxiety and panic attacks.

Byrne, “In September, 2005, Allison reported guilt, anxiety and worry, teariness and low moods.  I’m not here to criticise her.

Michael Byrne, QC

Byrne,”Dr George first consulted with Allison when she was 26 weeks pregnant and had a two year old daughter.  Dr George said that she had a reduced sense of worth, negative view of the future, prone to transient suicidal thoughts at that time.

When put in context, sure, she did have a strong maternal attachment, but that doesn’t mean she could control her illness.   The anxiety returned with Allison’s third pregnancy.  Dr George said Gerard contacted him during Allison’s third pregnancy as they were having a girl.  Gerard contacted the doctor as he was worried that Allison would be disappointed that they were  having another girl.  People can hide suicidal thoughts, even from professionals.  They do not and cannot say what happened to Allison that night.  It is important that the jury listen to the assessments of various professionals on her mental state.

Byrne is now discussing evidence from Dr Nicholas Bourke

Byrne, “Dr Bourke’s patient notes show Allison was suffering from bad pre-menstrual mood swings and her Zoloft  dose was increased.”

Byrne discussing evidence from Dr Rosemund Nutting.

Allison told the doctor that she was a bad wife, that she was struggling with three children.  Allison discussed “flashbacks’ with Dr Nutting of “Gerard’s girlfriend’s car at the gym’.

Byrne, “Dr Nutting  didn’t want to discuss flashbacks with Allison and Gerard together, as she thought it would be bad for her.”

Byrne is talking about evidence of  Relationship’s Australia consellor Carmel Ritchie.

Ms Ritchie described Allison as a conflict avoider.  Ms Ritchie didn’t make enquiries about any diagnosis that Allison  had.  Ms Ritchie didn’t make enquiries with regard to Allison having a major, recurring depressive disorder.

Edit – lies..

Ms Ritchie didn’t make any enquiries with regard to medication, or flashbacks.  Allison defined her problem with Gerard as feeling ‘inadequate’ and ‘not good enough’.  Against that background, she recommended that Gerard and Allison speak for 10 to 15 minutes every second night.  Ms Ritchie said Gerard’s role should have been to listen and listen only.  Ms Ritchie said that she did not see it as a question and answer session.  Ms Ritchie did not think it would be helpful ‘in the early stages’ for Allison to question Gerard re intimate details.  Ms Ritchie said it would have been extremely uncomfortable for Allison to hear intimate details of the affair.   Medical, psychological and psychiatric evidence showed that Allison was a conflict avoider, her meds had been increased.  This is t he picture of where Allison was, at least psychologically.  Gerard Baden-Clay told you how much Allison wanted a male child to continue the family name.  He specifically contacted Dr George to point out his fear of Allison’s disappointment.

The “venting” session turned into a question and answer about the affair.  After the question and answer session on 18th April, Gerard and Allison return home to news that Gerard’s brother has had a baby son.  Gerard, Allison, Nigel and Elaine, who’d been looking after the children, discussed the birth and Allison went to bed.  The next day Allison had a hair appointment.  The hairdresser said that Allison was “a bit stressed” when she sat down.

Edit, the people at work said that Allison was fine.  Perhaps Allison was a bit irritated as she had to return quite a few times to get her hair right.

The hairdresser asked whether Allison was still sick.  Allison said she was and it wasn’t going away.

Byrne is discussing evidence given about sertraline, an antidepressant, which  itself can cause anxiety.

Byrne is discussing the Seratonin Syndrome, where the body has to deal with a different amount of the chemical in the brain.

The defence has no onus of proof.  They can ask a jury to consider possibilities.

Byrne, “Please consider the evidence from Allison’s mother, Gerard and Nigel Baden-Clay that she always wanted a son.  Gerard’s brother’s newborn son was the first male grandson.  Allison, after finding out about the birth, shortly after, went to bed.  Allison was able to take up to 100mg of Zoloft a day if she was feeling down.  The medication kicks in after about six hours.  When she was at the hairdressers she was ‘slumped’.  The hair appointment clashed with a parent teacher interview.  Why would a mother do that?

Edit – scum.

Byrne, “After leaving Allison on the couch watching the Footy Show, we don’t know what happened.  It is possible that she stayed up thinking about what had happened between her and Gerard, the rawness had been opened up.”

Byrne is reading from Allison’s journal.

“I don’t want to be alone”.  He said that she is up late, thinkng.

“Byrne, “What if she decides to go for a walk to clear her head.  What if she decides to take a Zoloft?

She leaves the house, after first placing Gerard’s phone on the charger.  What if she goes on her normal walk, decides to walk a bit further.  Maybe the Zoloft is absorbed, maybe we have Seratonin syndrome.  Maybe, somehow, she ends up in the river.  Could have rendered her unconscious, maybe she drowned in the river (edit – not possible according to Autopsy).

That is just one scenario.  The jury may reject it.  You could reject that Gerard, for no apparent reason, with no apparent means, violently killed his wife.

ADJOURNED UNTIL 10:00 AM TOMORROW

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            Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

Gerard Baden-Clay Murder Trial – Day 14 – 2nd July, 2014

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Day 14

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OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES

Wednesday, 2nd July, 2014.

CROSS EXAMINATION  OF GERARD BADEN-CLAY TODAY

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“I just wanted sex” – Gerard Baden-Clay

“I didn’t love my mistress” – Gerard Baden-Clay

 Allison Baden-Clay, Gerard Baden-Clay and Toni McHugh

 

 

GBC is in the witness box, waiting for the jury.

A short delay for legal discussion.  Jury is entering court.

 

GBC is being asked about contact between Allison and Toni and if Allison had his phone each night (The Crown is trying to rattle….yeah).

 

Fuller, “It was not an option for Toni to not go to the real estate conference on the 20th.  You didn’t tell police you had spoken to Toni the afternoon before you reported Allison missing.”

GBC “It didn’t enter my mind to tell police about my conversations with Toni, I just wanted to find Allison.”

Fuller, “You had set rules with Toni to make sure Allison didn’t know you were communicating.  At no stage after you dealt with police on the morning of the 20th did you disclose to your family about Toni McHugh.”

GBC, “I told my family after someone in the media said that they were running a story on my affair.  I told police about the affair, I didn’t anticipate they would tell the media, but they did.  I can’t remember if I spoke to police after they’d spoken to Toni.  I answered every question the police asked.”

Fuller, “You refused to give them a statement.”

GBC, “I answered that question.  They asked me to provide a statement, my answer was n.”  I believe I spoke to homicide.  I didn’t know what CIB meant, I didn’t know what a crime scene was.”

Edit – GBC is answering the same today as he did yesterday.  Please, he doesn’t know what a “crime scene” is?  That WILL HAVE to go against him.

GBC, “I was thankful to police who were dealing with the investigation, they seriously committed resources to it.  Police probably kept in contact every day and were at first very responsive.”

Fuller, “I suggest that police were in contact with you every day.”

GBC, “Once a day wasn’t enough, I was desperate for information from the police.”

Edit – and yes we know why……

GBC, “There wasn’t anything to stop me from talking to the police, other than the advice of my lawyer.  I met with my lawyer on that first night.”

Fuller, “Your first call to Allison was at 6.32am on the morning she went missing.  Your first call to your parents’ address was at 6:44am.  Concerned enough to call your parents?”

GBC, “That is correct.”

Fuller, “Which of Allison’s friends did you call at that time of the morning?”

GBC, “None.  Her best friend lived beyond walking distance, it was a possibility she had walked to my parents at Kenmore.”

Edit – rubbish, another furphy – they are too far away, much too far away for a walk, especially for someone who walks 1/2 kilometre up the road on a flat surface, then turns around again.  What rubbish!

 

Fuller, “Why did you take the Captiva instead of your own Prado, which was in the way and parked in an easier spot?”

GBC, “The Prado is a bigger car, and had been in an accident.

 

 

Edit – so his wife is missing, and the above ding stopped him rushing into the easiest car, to get her in case she had fallen and hurt herself.  Really?

Fuller, “There wasn’t significant damage to the Prado, you’d been driving it since the incident.  I suggest that the Captiva had been reversed in when you took it.”

GBC, “That isn’t true.  I first noticed the toys in the back of the Captiva on Friday morning when I took it to look for Allison.”

PHOTOGRAPH – Prado with panel damage, it is part blocking the driveway.

GBC agrees tha there was nothing stopping him from driving the Prado.

Fuller, “Did you  place the toys in the back of the Prado to make it look normal?”

GBC, “They would be unusual items to put in there to look normal.”

Edit – surely he is irritating the jury?

Fuller, “Why didn’t you call Allison’s parents when she went missing?”

GBC, “I called them later on, I thought she’d gone for a walk.”

Fuller, “You didn’t call them at 9.30am.”

GBC, “Yes, after I had been interrogated by the police for a couple of hours.”

Fuller, “You called your own friends first before calling Allison’s friends.”

GBC agreed that he was not prevented from making any calls when he was speaking with police that morning.

Fuller, “You took work calls that morning while speaking to police.  As the morning progressed you became more concerned about the nature of the police questions.”

GBC, “No. My father and sister became concerned about the questions, but I wasn’t.”

Fuller, “Why didn’t you let her parents know as the questioning continued?”

GBC, “I didn’t that is when I phoned them.”

Fuller, “Did you think to call Toni to see if she had contacted Allison?”

GBC, “I didn’t even think about it.  That morning seemed to travel very quickly.”

Fuller, “Police were called at 7.15am.  Police arrived at 8.00am, Allision was more than an hour overdue.”

GBC, “I can’t remember what time Allison was supposed to leave for work, it was 7:00 or 7:30am.”

Fuller, “For Allisoon to not have come home, was significant.  She was normally very punctual.  Police had been at the house for an hour and a half before you called Allison’s parents.  Why did you ring your friends ahead of her friends?”

GBC, “I honestly can’t remember the thought process.  I called the Christs because the children were having a sleepover.  I wanted them to know she was missing.”

Edit, the above doesn’t sit with me as true.

Fuller, “You had no anticipation that she wasn’t coming home, did you?”

GBC, “If she was found and was in hospital, I needed to let them know.”

Fuller, “So you were planning ahead?”

GBC, “I rang the Cheesmans as I was supposed to go around the prepare for their open house that day.”

Fuller, “So that was about managing the business?”

GBC, “I was concerned about Allison, but had to manage a business too.”

Fuller, “Why did you phone the Crannas?”

GBC, “I don’t know, possibly because he was close by.”

Edit – GBC wanted an audience to full sorry with him.

Fuller is asking about the couple’s insurance and superannuation policies as there were discussions on reducing them.

Fuller is asking GBC about phoning Allison’s life insurance on 1st May, the day she was found.

Fuller, “How did you find out a body had been found?”

GBC, “I was at the office and a media report came through.  I called my lawyer when I heard, we met in the city and police came to my barrister’s office.   Police confirmed to me that the body was Allison’s.”

Fuller, “You are confident that police confirmed it was Allison?  Didn’t they tell you that it possibly was Allison or likely Allison?”

GBC, “I was told definitely”.

Fuller, “When you visited the doctor for your scratches, why didn’t you show her the rest of the injuries?”

GBC, “Maybe the second doctor asked me if I had any other concerns.”

Edit – He doesn’t answer anything directly, what a sleaze.

Fuller, “The first photos police took were of just your face.  Why didn’t you tell the police about the scratches on your chest?”

GBC, “They were self inflicted, it just didn’t seem relevant.”

Fuller, “You went to a second doctor that afternoon and showed her the injuries on your chest, as the direction of the lawyer.”

GBC, “I did give my business card to the first doctor I visited to help her find a new house.”

Fuller is asking GBC about the money he owed and the interest he had to pay.

Fuller, “Allison had taken the role of someone you had been paying $100,000.00.”

GBC, “I was not paying Allison a salary.”

Fuller, “A separation with Allison would have had a significant financial impact on you and the business.”

GBC, “Yes.  You are asking a lot of hypothetical questions, I have not ever thought about in detail.”

Fuller, “You had told Toni you would separate.”

GBC, “Yes and I told you that was a lie.”

Edit – one lie many lies – that is a liar!

Fuller, “As of 19th April, you were indeed under a number of pressures.

Fuller, “You were under pressures from your wife?”

GBC, “How do you mean?  I want to clarify with regard to the conditions that Allison had placed on me.  The tracking app was my idea”.

Fuller, “You know how to turn the tracking app off.”

GBC, “Both Allison and I knew how to turn it off.  Allison went through a period of nine years with hardly an intimacy.  There were a number of people he went to for sex and we’ve talked about some of them.  I spoke to Allison about Toni, but not about any of the other women I had a relationship with.”

Fuller, “That is what the start of 2012 was all about – You and Toni organising to be together.”

GBC, “That is not true.  We wanted to put the past behind us, with regard to counselling.”

(Rattling chains :D)

Fuller, “You wanted to put the past behind you.  You were living a double life, weren’t you?”

GBC, “No, I did not believe I was living a double life at that stage.”

Fuller, “The facade that was Gerard Baden-Clay would fall if Toni McHugh had confronted Allison at the conference.  If Allison had found out that you had been seeing, and emailing Toni, you would be exposed.”

GBC, “Sorry is there a question there?”

Edit – what a &^%O

 Fuller, “You had sought Allison’s forgiveness, made promises to her, and then gone and done it again with the same woman. You had attended counselling, made promises, but your behaviour hadn’t changed at all.

GBC, “I had.”

Fuller, “Your business was failing, all things were coming together.  You killed your wife Mr Baden-Clay.”

GBC, “No I did not.”

Fuller, “You killed her, probably smothered her and she lashed out with her fingernails.  She grabbed your clothing, that is why you had the injury under your left shoulder.  You overpowered her very quickly, didn’t you?”

GBC, “I never overpowered her”.

Fuller, “Did her jumper come up as you struggled or when you dumped her in the creek?”

GBC, “Your suppositions are absurd.  I can’t answer them.

Fuller, “You put her body in the garden, in the leaves, you put her in the car.”

GBC, “I had nothing to do with anything”.

Fuller, “You dumped her body unceremoniously.”

GBC, “The suggestion I would leave my children alone for any time in the middle of the night is absurd, little alone to do the dastardly things you are suggesting.”

Fuller, “You loaded the toys in the back of the car, then cut yourself with a shaver at the bottom edges of the scratches.  You let police search the house because you knew there would be nothing they’d find.  You put on the facade of a worried husband then called a lawyer.”

Fuller, “Are you certain that you never told Allison she was going to run into Toni the next day?  Despite the flashbacks Allison had from seeing Toni?”

CROSS EXAMINATION  HAS FINISHED.  BYRNE QC TALKS TO GBC.

GBC, “I was never violent with my wife.”

 

TIME FOR PRACTISED SPINNING:

 

GBC, “I had only been in an altercation twice.  Once as a ten year old standing up for a friend.  The second time was defending another friend from a bully when I was 12.  I hadn’t ever thrown a punch.  Allison and I argued like any couple but never raised voices.  Allison and I didn’t ever argue in front of the children.

PHOTOGRAPH – Floor plan of house.

GBC is discussing how sound travels.  If the girls made a sound, we could  hear it clearly through the house. GBC is talking about the age of the house and the building materials used.  One of the girls got up the night of 19th April after they had put them to bed.  Allison was on the couch. I did not hear any noises that night.

Byrne, “Please clarify what you meant when you admitted that you had deceived Allison for four years.”

GBC, “I deceived her and my family and friends by not telling them about my infidelities.  Deception is a strong word, rather I protected Allison by not telling people about her depression.

Edit –

GBC, “I deceived Toni by making her think that we had a future together.  I have no knowledge of criminal behaviour, or how police operate.  I just wanted police to be told the truth.  This is why I called Toni and asked her about talking to police, I told her to tell them the truth.  I had a number of infidelities over the years.  The difference was with Toni and I we worked together.  It wasn’t who I was brought up to be and I am very ashamed.  

That is when I was relieved when things ended with Toni.  I had no intention of telling Allison about the other women.  I didn’t want to jeopardise things.  I was with some of the other women for an extended period of time, many of them concurrent.

I answered a lot of Allison’s questions but there were times when I questioned her about the necessity.  The counsellor later explained that it was important for Allison to talk about it.  I could see it wasn’t helpful.  I liked Carmel Ritchie’s structure of the 15 minute sessions.”

GBC denies that Toni stayed at his house.  He said she visited and they had physical relations.

“I gave Toni a separation date I wouldn’t keep because I was worried about her mental strength.”

Edit, so it is fine to have “many,  numerous affairs” and to run down these women, yet, GBC says he worries about their mental state?  Which is it? 

GBC, “I wanted Toni to put me out of her life.  Some of the things I said and did were pretty naive and pretty stupid.  I had some hope Toni could move on and we’d have some sort of friendship in the distant future.  I’ve known Allison for 17 years, Toni for five.  I wasn’t worried about them both being at the conference as Allison was non-confrontational.  Allison could have been expecting Toni to be there anyway.

———— Edit – Yet – Allison confronted GBC on his affairs———

 GBC, “Toni did have a volatile nature but in a public environment was always able to control herself.  I really had no concern at all.  I had been given Allison’s journal.”

Photograph – Page of Allison’s journal.

GBC is being asked what a series of numbers mean.  He said that he doesn’t know.  He doesn’t know how long Allison had the journal, although some dates were a couple of years prior.  He said he doesn’t know where it was kept.

 

GBC HAS FINISHED GIVING EVIDENCE

ADJOURNED UNTIL 11:50AM

 

Defence witness Ashton Ward, managing director of Khemistry has taken the stand.

Mr Ward takes time lapse footage.  He placed a camera at Kholo Creek which was retrieved on 20th June, 2014.  Mr Ward is explaining how time lapse footage works.

FOOTAGE – Time lapse footage of the creek which shows the tide rising and falling.  Logs, leaves and other debris can be seen moving along the creek.

Fuller is asking about the timing of the time lapse footage.  Fuller says one second of the footage equals 75 minutes.  Fuller commented that Mr Ward had no idea what the area looked like in 2012 and there aren’t any markings on the footage to indicate where the body was.

 

Dr Michael Roberston, a forensic toxicologist has taken the stand.

Dr Robertson reviewed file documents from Allison’s post mortem.  Dr Robertson is talking about Sertralin, also known as Zoloft.  Seratonin is a mood altering chemical in the brain, Sertraline increases the levels of seratonin in the brain.  The levels of sertraline in Allison’s blood, stomach and liver are being discussed.  The average levels of Sertraline for someone taking  the drug would be .03 to .05mg per kg in the blood.

Dr Robertson said that “relative to clinical numbers” Allison’s reading was high at .059.

The judge is asking what the point of this comparison is, comparing Allison’s result with someone who is alive.  Mr Robertson said that the drug concentrations can both increase and decrease after death.  Drug concentrations redistribute.  Studies have shown areas like legs are less susceptible to redistribution.  Studies show that Sertraline doesn’t move much 24 to 48 hours after death.  Allison’s higher reading could be from redistribution or taking more of the drug.  The side effects from taking Sertraline could include anxiety, agitation, confusion, thermoregulation.

Another Seratonin Syndrome  is unusual behaviour and elevation of body temperature.  Suicidal ideation is another side effect that has cropped up from time to time.  Seratonin Syndrome happens when your seratonin levels are too high.  This can lead to increased agitation, unusual behaviours, confusion, problems with muscle control.  Studies show people on anti depressants have a higher risk of suicide.

DR ROBERTSON IS NOW BEING QUESTIONED BY THE CROWN

Dr Robertson agreed that there were only trace levels of Sertraline in Allison’s stomach.  Dr Robertson agreed that due to the redistribution of the drug after death, it was possible that there wasn’t any Sertraline in Allison’s stomach at all.

Dr Robertson is discussing redistribution of the concentration of the drug after death.   Concentrations will increase in the central region of the body more so than peripheral that is the legs.  The study doesn’t mention how long people have been deceased.

Edit – this guy doesn’t seem to be very thorough….

Dr Robertson agreed it would be affected by how long the person had been dead and the position of their body.  Another study dealt with people who had been dead 24 to 48 hours.  Dr Robertson agreed that the people in the study had 20 fold concentrations in liver after 24 to 48 hours.  Allison’s liver was 10 fold.

Dr Robertson, “Broadly speaking, Sertraline is considered low toxicity.  The Sertraline in Allison’s liver is not consistent with an acute overdose leading to death.  I can’t completely explain the elevated levels of the drug in some parts of Allison’s body.”

Dr Robertson agreed that the levels in Allison’s body were not consistent with Sertraline related deaths.  Allison’s stomach contents were inconsistent with ingesting significant quantities of Sertraline before death.

 

Dr Mark Schramm has been called to the stand.

Dr Schramm is a psychiatrist with 20 years experience, a lot of his work is forensic psychology.

Dr Schramm has prepared a report based on Allison’s psychiatric and medical records.

Schramm, “My report was proof read and approved by a professor in psychology who specialises in suicide.  I have seen consultation notes, Allison’s GP file, psychiatrist notes, counsellor notes, autopsy report.  I have seen Dr George’s testimony as well as Ms Richie’s.  I don’t know whether Allison’ reaction to the anti-malaria medication is a red herring.  Allison seemed to complain of a depressed mood, self doubt, lack of confidence and anxiety.  Anyone can have panic attacks, anyone with anxiety is prone to them.”

Dr Schramm, “One study shows that 3.4% of people suffering from major depression will take their lives.”

Edit – ALLISON WASN’T SUFFERING FROM DEPRESSION AT THIS TIME, THAT WAS 12 YEARS AGO.  This guy has no shame – $$$$$$$$$

Schramm, “It is not universal to leave a suicide note.  More than half do not.  Unfortunately suicide is a surprise, even in retrospect it is impossible to predict.  You should not assume that experts have the answers.  It is very much with psychiatry, people will assume we have a much greater power than we do to predict.  It is foolish to be completely confident that someone with a history of depression isn’t going to take their life.”

Edit -I don’t like this paid witness.  

 

 CROSS EXAMINATION BY DANNY BOYLE

“Dr Scam” agrees that none of the remarks he gave about depression and suicide relate to Allison, they are just general assessments.

Dr Scam is being asked about maternal attachment, if that would count against a suicide risk.

Dr Scam said if there was not a triggering event, that would also count against risk of suicide.

Dr Scam agreed that a person making short and long term plans would also be at lower risk of suicide, if the person making the plans had not yet made the decision to commit suicide.

Danny Boyle, “What if the person has been proactive in the past about seeking assistance?”

Dr Scam, “In general it lowers risk.  I did get a sense of Allison’s maternal attachment but I can’t recall where it was said.”

Dr Mark Schramm agrees that symptoms of depression can become worse during pregnancy.  Allison never reported any side effects from the anti depressants.  There was a sense that sometimes it took several months for Allison to respond to the medication.  She seemed to benefit from the antidepressants.

After 2003, suicide was never raised by any psychiatrists, psychologists or counsellors who consulted with Allison.

Dr Schramm said that  he hasn’t interviewed Allison or anyone else.

Dr Schramm said Allison suffered from major depression which is a major risk factor of suicide.  “One could imagine” the stresses in the marriage could have put Allison at risk of suicide.  He said that he has “no idea” but going on the Relationships Australia, this could have made things raw.

Edit – coulda, woulda, shoulda…….

Dr Schramm said that it could also have given her hope.  Dr Schramm said that of course depression is a factor for suicide.

Dr Schramm has finished.

Edit – Don’t let the door hit you on the way out (sorry everyone).

MICHAEL BYRNE QC SAYS THAT IS THE CASE FOR THE DEFENCE.

Justice John Byrne said that means all the evidence has been given.

THE JURY HAS BEEN EXCUSED UNTIL 10:00AM MONDAY

 

 

 

 

 

 

 

 

 

 

 

 

 

 


FULL TRANSCRIPTION OF GBC’S BLOG:

 

Mr Mum!

27.11.08 The past week I have been trying to do my best impersonation of my dear wife – and struggling!

Allison turned the big “four-o” earlier this year and to mark the occasion she and her best friend have taken a week off at the Golden Door health spa.

Whilst she has been enjoying the rest and quietude, I have been trying to manage the house and transport my three girls to all of their activities – and I am knackered!

It’s a bit of a cliché that most men have no idea how hard it is to run a household, and I thought that I was pretty in tune with the day-to-day routine, but I can honestly say that this week has given me a real insight into the challenges of managing a family. Waking up, getting dressed, having breakfast, making lunches, getting to school, collecting from school, bath, cook dinner, eat dinner, homework, teeth, bed! And that doesn’t include any extracurricular activities like ballet, swimming and music! And, I haven’t done any vacuuming, dusting, cleaning or a single load of washing!

In amongst all of this “domestic duty”, I’ve also been trying to squeeze in some work and assistance with running this business – look out for the two new properties coming to the market this week and the successful sales from last weekend too!

Despite these challenges (and the associated exhaustion!), I have enjoyed some wonderful times with my children both individually and collectively. Whether it be a few minutes playing in the park, a snatched moment whilst getting them ready for bed, or just the simple pleasure of talking about life whilst driving to and from school, kindy and a host of other activities!

The startling revelation personally, has been the realisation that I am NOT superman after all!

Yes, I think that I have managed (alright, “coped” is probably more accurate!) rather well this week (and I have only put the TV on once for “assistance”!), but it would be remiss of me not to mention the terrific support of my sister and friends who have been able to look after Ella (aged 2) during the day so that I can still work during school hours.

So, what’s the upshot of this week? Well, I certainly have a renewed respect for all of the hard work that goes into being a “homemaker”, and the pleasure of being able to spend some more quality time with my three beautiful girls. I’ll certainly be more understanding in the future when I come home from work and find that dinner isn’t on the table with my foot spa pre-warmed! Until next week…. Gerard Baden-Clay

 

 

About the author ...

 

Source:  http://expertrealestate.blogspot.com.au/2008/11/mr-mum.html

 

 

 

 

 

 

 

 

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

 

Gerard Baden-Clay Murder Trial – Day 13 – 1st July, 2014

Day 13

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.

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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?”

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 HAPPY BIRTHDAY, DEAR ALLISON

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 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.”

 

Police photograph taken inside the Baden-Clay's home.

 

“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.

 

Layout of the Baden-Clay's home.

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.

 

CROSS EXAMINATION

 

Todd Fuller, “Mr Baden-Clay you deceived your wife for nearly four years didn’t you?”

GBC,  “Yes.”

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.”

Gerard Baden-Clay in the stand.

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?”

GBC, “Yes”.

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?”

GBC, “No”.

Fuller, “Did Allison tell you that she regretted travelling overseas with you?”

GBC, “No.”

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.”

GBC, “No”.

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.”

GBC, “No”.

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.”

GBC, “Yes”.

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.

 

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Court exhibit

 

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.”

 

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

 

 

 

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?”

GBC, ‘Yes”.

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.”

GBC, “Yes”.

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.”

GBC, “Yes”.

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.”

GBC, “No”.

 

PORKY PIE!!!!

 

Fuller, “You told police that there was other information but you didn’t want your father to hear, you wanted to talk in private.”

GBC, “Correct”.

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.”

 

A copy of Allison Baden-Clay's journal has been tendered to the Brisbane Supreme Court.

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?

GBC, “No.”

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.

Police photograph of the Baden-Clays' bedroom.

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?”

GBC, “Yes”

Fuller, “Did you tidy?”

GBC, “No”.

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.”

GBC, “Yes.”

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.

 

 


FULL TRANSCRIPTION OF GBC’S BLOG:

 

Mr Mum!

27.11.08 The past week I have been trying to do my best impersonation of my dear wife – and struggling!

Allison turned the big “four-o” earlier this year and to mark the occasion she and her best friend have taken a week off at the Golden Door health spa.

Whilst she has been enjoying the rest and quietude, I have been trying to manage the house and transport my three girls to all of their activities – and I am knackered!

It’s a bit of a cliché that most men have no idea how hard it is to run a household, and I thought that I was pretty in tune with the day-to-day routine, but I can honestly say that this week has given me a real insight into the challenges of managing a family. Waking up, getting dressed, having breakfast, making lunches, getting to school, collecting from school, bath, cook dinner, eat dinner, homework, teeth, bed! And that doesn’t include any extracurricular activities like ballet, swimming and music! And, I haven’t done any vacuuming, dusting, cleaning or a single load of washing!

In amongst all of this “domestic duty”, I’ve also been trying to squeeze in some work and assistance with running this business – look out for the two new properties coming to the market this week and the successful sales from last weekend too!

Despite these challenges (and the associated exhaustion!), I have enjoyed some wonderful times with my children both individually and collectively. Whether it be a few minutes playing in the park, a snatched moment whilst getting them ready for bed, or just the simple pleasure of talking about life whilst driving to and from school, kindy and a host of other activities!

The startling revelation personally, has been the realisation that I am NOT superman after all!

Yes, I think that I have managed (alright, “coped” is probably more accurate!) rather well this week (and I have only put the TV on once for “assistance”!), but it would be remiss of me not to mention the terrific support of my sister and friends who have been able to look after Ella (aged 2) during the day so that I can still work during school hours.

So, what’s the upshot of this week? Well, I certainly have a renewed respect for all of the hard work that goes into being a “homemaker”, and the pleasure of being able to spend some more quality time with my three beautiful girls. I’ll certainly be more understanding in the future when I come home from work and find that dinner isn’t on the table with my foot spa pre-warmed! Until next week…. Gerard Baden-Clay

 

 

About the author ...

 

Source:  http://expertrealestate.blogspot.com.au/2008/11/mr-mum.html

 

 

 

 

 

 

 

 

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

Gerard Baden-Clay Murder Trial – Day 12 – 30TH June, 2014

Day 12

OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES

MONDAY, 30TH JUNE, 2014.

 

 

Another dramatic performance?

70 + people lined up, to watch GBC’s performance today.

People  have been lining up since dawn.

View image on Twitter

 

 

Gerard Baden-Clay has taken the stand.

“When I began work as a real estate agent, it put a strain on Allisons as I worked with my parents, I could be home at 5pm for what we called “happy hour.”  Happy hour was when we bathed the girls and gave them dinner, I did it most of the time.  Allison often went straight to bed when I returned home.

My parents and I soon started our own real estate business, opening the Century 21 franchise.  the business was initially me, my parents and a woman who did the front office/admin duties.  I developed a close business relationship with Charles Tabey, the Century 21 owner.  We built the business and became very successful very quickly.

The home front as this point was not great, as Allison wasn’t coping well with two young children.  Allison would often call during the day saying that she needed me so I would drop everything and go home.

I became the local chamber of commerce president in 2005.  I would take one of the girls with me to breakfast meetings to give Allison a break.  Unfortunately, my relationship with Allison deteriorated quite dramatically.  We put on a facade of being all together, which was very draining on Allison.  We communicated less and less and less.  The medication assisted with the depths of her depression.  It assisted with smoothing out the lower ends of her mood but knocked out the higher end too.  She was a lovely energetic person when we met.  But she became much more withdrawn.  She was just like a blurrier image of herself.

GERARD IS CRYING ON THE STAND AGAIN.

The anti-depressants caused Allison to lose her libido and their sex life became non existent.  Allison wanted to have a boy for his sake, to carry on the Baden-Clay name.  Allison just really wanted to have a son.  I really didn’t want another child.  After the challenges of Allison’s previous pregnancies and the financial pressures, I wasn’t keen.  Allison became quite depressed about having another child  I just wanted to make her happy.  I always just wanted her to be happy.

HE IS CRYING AGAIN

As soon as she found out she was pregnant, her mood lightened immeasurably. ”

Gerard was asked why he cheated on Allison.

“I just wanted sex.  I cheated with a woman from work.  It lasted a month.  We both wanted it for the same reasons – just the sex.”

Gerard is boasting about his business again, “It was going terrifically well”, hiring new staff.  We were making money and investing it back into the business.  We charged the maximum fee for selling.  We bought high end printers so that we could print our own colour brochures.

Allison fell pregnant in 2006, her mood brightened a lot.  I was quite relieved as I knew about having girls, I was worried about Allison.  We started to see similar negative mood swings, Allison was seeing her psychiatrist.  We organises to have a caesarian to take away the psychological pressure of the birth for Allison.  I warned her psychiatrist it was going to be a girl as I was worried about  the backlash.  When we had a girl, Allison was initially in shock, and I was delighted and wanting to convey that to her.”

Gerard is crying again.  “I can’t imagine life without our youngest daughter, she is such a beautiful little girl.  Allison bonded with her too.”

It was my vision to have seven real estate offices across the western suburbs.  I suggested in 2007 that Phil Broom buy into the business.  I’d trained with him in the way we were doing things.  We also brought in Jocelyn Frost, Century 21 salesperson of the year for Queensland.  The three of us decided we would become equal partners in the business.

I would take the girls to school and kindy.  I took the youngest to breakfast meetings.  Allison was at the point where she was throwing all of her energies into the children and getting progressively better.  Allison was able to take the children to ballet but it took a lot out of her emotionally and physically.  I would still receive calls to go home, often, it was just a hand off and I would look after the girls.

Allison didn’t have any interest in any physical intimacy at all.  I didn’t want to force her or put her under pressure.

By 2008, Toni McHugh had been working for us for about a year.  We began a fledgling property management business.  I asked Toni to look after it.  Toni resumed being a salesperson, we developed more of a closer relationship.  Toni was having some problems with her own relationship.

I tried to assist and counsel all of my staff with their issues.  Toni and I started a physical relationship, I think for both of us, it was purely for that.  The business was going great.  I wasn’t having any physical intimacy and I had started that relationship.  It started one night in the office when we were both working back.  We met for trysts “in my car”.  I tried to break it off with Toni on numerous occasions.   Sometimes I was successful for days, sometimes for a month.

My physical relationship commenced with Toni on 28th August, 2008.  Toni assured me that she had broken up her relationship for me.  It was only a physical relationship, I didn’t want any more.  Toni wanted me to divorce Allison and start up a relationship with her.  My loyalty, it doesn’t feel right using that word, my loyalty was to Allison and my children.  I didn’t want to jeopardise that.  Toni was a good salesperson and I was worried about the impact on the business if  I was separated from her permanently.  Toni pushed for things, I’d say whatever she wanted to hear.  It was always me who broke up with Toni, as I’d say that there wasn’t a future together.

There was an occasion where Toni travelled overseas.  I hoped that that would be the circuit breaker.   I was with Toni primarily for the physical intimacy.

Meanwhile Allison and I were having challenges in our relationship that we wanted to work through.  We went to see a marriage counsellor, I did not reveal the affair as I was ashamed of it.  Allison didn’t find the counselling particularly constructive.   Allison felt the counsellor was taking my side.  Allison found a different counsellor for us to go to.  Allison kept affirmations for years,  she would tell herself, “I’m not depressed, I’m not depressed”.  If things turned bad she could relapse to her lowest levels.

We now have three children.

We knew from our work with the psychiatrist that she had depression and needed to know how to cope with it.  There were times when I was working and Allison on the surface was back to her capable self.  When I was there, she would rely on me to do just about everything.

As the business continued to grow, I  had more of an expectation that she would be able to do more.  As it was, we were almost living separate lives.

I wanted us to be together as a family forever.  Allison kept telling herself that she wasn’t depressed, but she did know the triggers for  her depression.  Allison had a psychology degree, but she didn’t want to reveal a weakness when she wasn’t feeling the best.

I would programme routes into the car’s GPS if she was going somewhere new.

Triggers might be something somebody said, or flashbacks to certain situations.   She would take 100mg Zoloft if she felt that she was coming up to another trigger.

Joceyln, Phil and I started the partnership together in August, 2008, and I took responsibility for the management of the business, and of hiring staff, etc., the business kept growing and becoming more successful”.

GBC is listing his successes and awards.

“We were the number one office in Queensland, number 10 in Australia.  Phil and Jocelyn at times were being paid $5,500.00 a week.  I don’t want to cast aspersions, they tended to buy flashy things.  In 2009 Phil and I bought matching vehicles on a whim.  The first time I test drove my car was when I owned it.  Jocelyn’s key thing was jewellery, travel and clothes.  There wasn’t much reinvestment in the business.  The partners were talking about opening a second office instead they decided to open one large central office in a good location.   I was tasked with finding the new office.  We eventually agreed on a business on Swann Road, Taringa.

I always made sure that the liabilities of the business were separated from us as individuals.   They had access to the new building from November or December, 2010.   From September, Jocelyn and Phil stopped selling.  We had massive outflows and the two main sales staff stopped selling.  We weren’t able to pay ourselves anything.

On 10th January, we brought in nine new sales people, with a total team of around 27 people.  My job was staff training all of them in two weeks.  The floods came in the middle of that.  The core catchment area for my business was the area most affected by the floods.  I joined the Mud Army cleaning Moggill shopping centre.  My parent’s home was under water.

Many of the banks refused to lend money to people, which affected their business.

The effect on the new business was catastrophic.  Things were difficult already due to moving to a new building and Phil and Jocelyn not selling.  Phil and Jocelyn’s attitude was to shut this off and go into liquidation.  Their other idea was to sack staff and try to hold out.  There were heated discussions, and our partnership relationship completely broke down.  I offered to buy them out.  In my view, it was a very sweet deal for them.  We had a contract and I bought them out for a dollar each, they were to continue in the business as sales people.  I put them on an incentive plan.  Phil stayed, he never met any of his targets.  He left the business towards the middle of 2011.  Jocelyn insisted on having the first $10,000.00 bonus payment upfront and left as soon as the cheque cleared.  After all that, I owned 100% of the sales business and 25% of the rental business.  I wanted to own the whole of the rental business as it would give us stability.  I arranged to buy it from Ben Bassingthwaite for 25% and Jocelyn for 50%.  Ben left the business at the end of 2011.

We valued the rental business at that point at $400,000.00.  I wasn’t able to get finance to buy the rental part of my business.  Ben and Jocelyn agreed that I could own it in January with a 10% deposit and interest payments and pay in June.  I could have had a 90 day extension if I wanted.  I paid Ben $10,000.0o and Jocelyn $20,000.00 as a deposit.”

Gerard is talking about borrowing money from friends and losing partners after the floods.  Gerard wanted complete control over the business as a condition of being lent money.  He borowed $90,000.00 from each of  the poor suckers.  They had an active roll in monitoring the business.  GBC’s friend Rob was to sign off on any expenses, after being given weekly reports.

GBC, “I was very confident in the viability of the business.  I saw the floods were certainly a drastic anchor and halt to how things were progressing but that would change.  It was not an instant turnaround after borrowing the money, but things certainly did slowly improve.  We were definitely tracking to be in a stronger and stronger position.  I was still having an on again off again affair with Toni in 2010.

I had a relationship with another woman from previous times who was also attending the conference, and we got together.  It was a physical relationship, it was the only time I had sex with her.

Jocelyn approached Toni to ask her whether she was having an affair with me.  She denied it, then acknowledged it.

 I admitted to them that there were occasions when I was effectively sleeping with Toni for the sake of the business.  This got back to Toni, she was quite justifiably very unhappy about it.  We got back together for the sake of the business.    

In September, 2011, Allison phoned me wanting to meet with me.  I was at the office, Allison said that she wanted to talk.  I sensed straight away what it was about.  I suggested that we meet at Indooroopilly McDonald’s which is not far from the office.

GERARD IS CRYING 

She came straight out and asked me if I was having an affair with Toni and I said yes.  I was in disbelief she had been told about it by her friend Wendy, she couldn’t believe it.  When I acknowledged it, she was in shock.  She didn’t yell or shout or anything, that’s not Al.

Allison got out of the car and sat on the kerb.  I got out and sat next to her.  She had her head in her hands. ”

GERARD IS SOBBING .  “She might have felt physically ill, but she didn’t vomit.  Allison asked whether I loved Toni, she told me that I had to make a choice.  There wasn’t a choice, I ended it, Allison didn’t want Toni coming back to the business.  There wasn’t any yelling or shouting, I put my arm around her shoulders and she shrugged it away.  I was not sure what Allison did after that, she may have gone home.  I called Toni.

We met at Toni’s unit, I told her that Allison had found out and that I had decided to stay with my wife.  Toni was angry, she yelled and screamed and threw things at me.  She called me “scum of the earth.”  Toni told me that she wouldn’t return to work and that I  had ruined three years of her life.  I tried to calm her down, Toni yelled at me to get out and that she never wanted to see me again.

I returned to work, I went to see my staff one by one to tell them about the affair and that Toni wouldn’t be returning.

I told the principal at the girls’ school about the affair, I didn’t want him hearing through the tuck shop rumour mill (and the principal told the teachers who were gobsmacked, lol).

Things with Allison and I were very uncomfortable at first.  Allison said that if I was committed to her, I needed to submit to some conditions that she had.  I wasn’t able to go to any night time appointments unless she approved of them first.  Allison had access to my phone, when I came home, I was to hand her my phone, Allison would check texts and calls.  Allison would give me the phone if it rang, and would read texts, she would give it back in the morning.   I brought Allison into the business and gave  her the title of general manager.  Allison was very nervous about coming into the business as the wife who had been cheated on.  I spoke to all the staff to tell them Allison was coming in, I asked them to be mindful of Allison’s situation.

Our youngest was in kindy in 2011 but started in prep in 2012.  Allison worked school hours, three to four days a week, but would stay longer on a Friday.

Toni texted me numerous times after I broke it off, all of which Allison saw.  She tried calling, she rang a couple of times from a private number, I basically said nothing and just hung up.  I heard Toni was really struggling, I felt a great deal of responsibility for that.

It was around Christmas time, I wanted  her to know that I didn’t hate her.  We met at a coffee shop, Toni asked me if I loved her, she was very fragile, I told her that I did.  Toni improved a little bit and got a new job.  Toni didn’t like what she was doing, she told me that she’d had an anxiety attack at work and passed out. I was obviously concerned about her.  Toni and I met on a couple of occasions and there were two occasions when we did have some physical contact.  I can’t remember that last time I saw Toni before Allison’s disappearance, two or three weeks before.  February, maybe January, 2012, was the last time I had sex with Toni.

Toni called me, I never called her.  I would delete the calls from call history.  I would email Toni from my Bruce Overland account, I set it up years ago before for real estate things.”

GBC, we sublet, this reduces our rental overhead.  He and Allison discussed the future of the business at length, it gave us a bit of a connection.  Allison had a registration certificate but they looked at training her up as a full licensee.  If she was a full licensee, she could have been made a director of the company.  Discussing  now the workings of the business in 2012.  March and April, 2o12 things were looking “very positive.”  In April, $150,000.00 in sales revenue came in.  Allison handled all their “personal stuff”.

“I learned she made investigations into her life insurance and super.  Charles Tarbey had offered to give me a hand if I needed it.  He introduced me to his bankers.  If I couldn’t secure funding for the business, Charles could have lent me the money or bought in.  I didn’t have to use Charles Tarbey, so I approached other people to borrow money.  The general figure was $400,000.00, I asked Dr Bruce Flegg for the money around Christmas.  I knew that he was independently wealthy, although Flegg wanted to go into more detail that I wanted.  Dr Flegg had just bought an apartment in New York and told me once that it was completed, he’d be in a  better position.

I also approached other people.  I don’t want to say their names.  A former client wasn’t able to lend the money.  I called Dr Flegg in March, really to just say, where are you at?  Flegg didn’t answer, Sue called me back.  I told Sue that I wanted to ask Bruce if he was in a position to lend me $300,000.00.  Sue asked if I was o.k., I broke into tears because nobody ever asked me if I was o.k. and I was touched by that.

I had a lot going on, I was trying to rebuild the business, were were very keen to buy out the rental side.  We had three children at school.

Allison went to see a marriage counsellor in Bardon.  She saw her three times, we didn’t really feel a great connection with her.  The counsellor talked about the trauma that Allison had been through and some of  her suggestions were out there.  The next person we saw was Carmel Ritchie.  Allison first went alone and liked her.   we only saw her together once, Monday, 16th April.  I thought we’d go in together, but Carmel asked me to go in first.  I was asked to fill in a standard form, details about myself.  I told Carmel about my business, my involvement in organisations, and my children.  I was a little taken aback when I first went in, but then I relaxed a lot.  Carmel then raised the subject of the affair.  I told her I would do anything possible to help Allison.  Carmel told me that Allison needed to ask me questions about the affair.  I was a bit resistant at first, I didn’t thin it was helpful to have all these issues running around and around.  Carmel explained that they structure and formalise it to 15 minutes every second night.  My job was to answer questions and listen to any feelings Allison may express.  Allison came into the room for the last little bit, they confirmed the arrangements.

Allison asked me if I was happy with Carmel and I said, yes, she’s the one.  That discussion formed most of our 15 minute session that night.  I was at the point where I was doing my best to distance myself from Toni.  I wasn’t seeing or calling her.  I was responding to her emails and answering her calls. ”

Court – Email from Toni to GBC sent 20th February, 2012.

The email says that she is disappointed and sick of hiding.  Gerard said at the time that  he was trying to distance himself from her.  I was trying to explore with her her passions and interests because she wasn’t happy working in real estate.  I was encouraging Toni to move overseas and teach.  She liked Dubai.  I was trying to encourage Toni to do something else and preferably go away.  Toni had a volatile personality, which was expressed  here in the email.  My weakness is that I tend to roll over and say whatever she wanted to hear.

Adjourned until 2:30pm

 

Court has resumed, GBC is talking about his relationship with TMcH.

“I never intended to leave my wife.  With Toni, I pretty much agreed to anything that she asked to keep her happy.

Court – email between GBC and TMcH 27th March, 2012.

GBC explains that the email is more pressure from Toni to get him to leave his wife.  When asked about the date GBC gave Toni, GBC responds with, “I don’t honestly know where that came from.  I anticipated that the time would come and go and Toni would be frustrated by that.  I wanted her to leave me.  I believe that Toni could get on with her life better if she was the one to break things off.”

Court – Email from GBC TO Toni where GBC said that he had given TMcH a commitment and he intended to stick by it.  This email also states that he will be separated by 1st July, 2012.  Gerard says, “I love you, leave things to me now”.

GBC, “I meant none of it, I was trying to calm her.  Allison and my first 15 minute session was on the Monday night, but it was mostly talking about the counsellor.  They bought takeaway coffee from McDonald’s and drove to Mt Coot-tha.  Allison brought her journal with a number of questions that she wanted to ask me.  Things had been improving, so things were O..  We spent about 20 minutes, maybe a bit more, in the car.  Allison didn’t finish all the questions she asked.  Allison must have been keeping an eye on the time, as she told me when to stop.  I just had to answer specifically the questions or listen to her feelings.  We were sitting in our seats in the car, turned to face one another.

Allison told me that she was feeling very sad about what happened and asked if she could ask me some questions.  It was not the first time we had discussed the affair, we had talked about it many times.  One of the themes Allison would ask about is where Toni and I had been intimate.  I had already told her that I’d had sex with Toni in the Prado, she refused to drive it after that.

Court – Allison’s journal – List of her questions

Gerard, “The questions crossed out on the page are the ones Allison has asked me.”

Questions:

1.  did they go to the movies together, did they have dinner, were they scared of being seen, did they kiss and hug?

GBC, “we would go to the movies in Toni’s car, I was terrified of being seen.  We didn’t kiss or hug in public.  On one occasion Toni and I drove together, other times in convoy to a secluded spot.  I didn’t lie there with Toni afterwards.  We just went home, or I would go back to the office and work.  Allison asked me to draw out the layout of Toni’s apartment.

The drawing has a bend because I drew it resting the journal on my knees in the car.  Allison asked me what we had done for Toni’s birthdays,.  I can’t even remember when Toni’s birthday is.  There were a couple of times where we’d stayed in a hotel together, Toni paid.  Allison asked me if Toni had felt bad about me being married.  I said yes, but only because Toni wanted me to divorce. ”

Question, “Do you regret the whole thing or just being caught?”

GBC, “I regretted it very much indeed was very, very remorseful.  I was very grateful for the way she was handling things.  We went straight home, when we returned home, my parents were watching TV.   There was some discussion about our new nephew being born and Allison went to bed, leaving me with my parents.

THURSDAY, 19TH APRIL, 2012

I had a chamber of commerce meeting that morning.  I left first thing int he morning for that.  The plan was that Allison would drop the girls to school on her way to work.  The girls had cross country after school that day.    the boxes of toys in the rear of the Captiva were from a clean out of the house.  We sorted through the girls’ toys and clothes to gather what we no longer needed.   The mother of one of my daughter’s friends was giving them to the RSPCA’s op shop.  Allison was going to take the final lot of toys to charity but they were loaded into her car. ”

COURT – Photo of the baskets of toys in the rear of the Captiva.

Gerard is listing the toys in the rear of the car, dolls, toy stroller, walker.

GBC, “I believe they were placed in the rear of the Captiva on the morning of the 19th, I didn’t do it.”

Question, “Do you have any knowledge on how Allison’s blood got in the car?”

GBC, “None whatsoever.  Allison had a meeting with a property management expert.  I don’t know why I had a bloodshot eye that day, it happens once a month.  That afternoon I went with my sister and her children to the cross country to see the girls.  I was standing under the trees talking to a friend when something bit me, stung me, I don’t know, on my neck.  I scratched at it.  I then had a spreading itch all over my chest.  Someone gave me Stingose and someone else an antihistamine.

Court – photograph taken of GBC at the cross country.

GBC, “I do not know what bit me.  Someone said it might have been a caterpillar but I never saw it.  It might have been a spider for all I knew. ”

GBc, “I was introduced to the trainer who’d been with Allison that day.  My friend Rob Cheesman had his property on the market.  I went around on the 19th April to fix the light.  I was replacing the light fitting with a screwdriver.  The screwdriver slipped and cut my hand.

I had a parent teacher interview at 4:00pm back at the school,  Allison couldn’t attend.  I took notes on my phone during the interview which I later shared with Allison.  Mum and Dad picked the girls up from school that day.

Allison had a hair appointment around 5:00pm that day.  I picked up the children from my parent’s house.  Allison was home when we returned home.  The girls went to bed pretty much straight away when we got home.  That night, we both put the girls to bed, which wasn’t unusual.  We went in separately to say goodnight.  I would usually go last as they would settle more that way.  Allison would pray with them and sing them a lullaby.  I also made up a little song that I would sing too.  The song was the end of bedtime.

Allison and I spoke about our day, about the cross country, about the parent teacher interview.  We discussed plans for the following evening.  We planned on a sleepover for the children.

Allison had two follow up questions for me from the night before.  I remember the one remark that Allison asked.  The questions weren’t done in an aggravated way.  She had asked permission first.

Allison was wearing blue and white pyjamas.  She had on a sloppy joe over the top and blue hiking socks.  I changed into a T-shirt and boxer shorts.  I put on running shoes to iron because it was comfortable.  I felt that I had a cold coming on but otherwise I felt fine.  I gave my phone to Allison when I got  home that day.

I did not put my phone onto charge in the middle of the night.

I had spoken to Toni that afternoon, she called me.  At the end of the call, I would delete it from call history.  I woke up a little after 6:00am the next morning, I’m a very heavy sleeper.  I snore quite loudly.  I woke instantly if the children move but I have no idea whether Allison came to bed that night.   I woke up and Allison was gone.  That wasn’t unusual, she often went walking.  It was up to me to get the girls ready, and make their lunches.

I had woken late and was rushing that morning.  It was up to me to get the girls ready and make their lunches.  I was about to shave when I heard one of the girls, I went to speak to her and then returned to shave.  That is when I cut myself.  I ordinarily have a shower first. 

Question, “Please show the court your shaving motion?”

GBC, “The razor was blunt, so I was pushing down on it.  I cut myself the second time trying to avoid the first cut.  I did it a third time trying to miss the first two.

I jumped in the shower, the cuts were still bleeding a little when I got out of the shower.  One of the girls came in and I asked her to  help me put a bandaide on my face, it wouldn’t stay on.

I started to become concerned as Allison wasn’t  home yet as she had a conference to attend.  I put on her hot rollers as I knew she would want them when getting ready for work.  I tried calling and texting.  The calls went through to her voicemail and I left a message.

Coourt – copy of text message GBC sent to Allison the morning of the 19th April, 2012.

GBC, “Both of our phones had an app whereas we could locate each other using GPS.  I tried using it that morning.  I checked the app but it couldn’t locate Allison.  I never went walking with Allison in the mornings because I would never leave the children alone.  I was always trying to get the children ready for school, I called my parents to see if they heard from her.  I was trying to be as calm and normal as possible.

I can’t remember if I spoke to mum or dad, but they said that they’d come immediately to help find her. 

I tried to call my friend Sergeant Murray Watson for advice but couldn’t get through.  My father turned up, my sister when looking for Allison.  My dad stayed with the girls and I went looking for her for 20 minutes to half an hour.

I pulled over to call my sister to ask if it was too early to call the police.  She said it wasn’t.  I still didn’t want to panic.  I tried the 1300 number for the police, it went to a recorded message.  I then called 000.  I went straight  home to be there for when the police arrive.  My dad and the three girls were home when I arrived.

The police arrived as Olivia was leaving to take the girls to school.  I had contact with the school  principal, but not until much later.   The police started asking me a bunch of standard questions, we walked inside and sat at the dining room table.  I was asked a lot of questions, the male officer asked if he could look around the house.  I said that I  had nothing to hide.  More senior officers arrived and asked me all the same questions again.  I wanted to be completely open with them when I was asked about any marriage problems.  At that stage nobody in the family was aware of my infidelity.  I asked my dad to leave the house.    They asked me the question and I told them the truth.

I didn’t call Allison’s parents until later in the morning as I half expected her to walk in the door.  I spoke to Allison’s father who said that we’ll come up straight away.  I might have told them that there was no need.  I didn’t want to be hysterical or an alarmist.  I just assumed that she would turn up.  Dad phoned and said that he was concerned about the line of questioning from police and that I should call a lawyer.

I argued with the lawyer, I didn’t care about myself, I just wanted to find Allison.  The initial lawyer but me in contact with a criminal lawyer, named Darren Mahoney.  Darren told me to not give a statement.  I  had been speaking to the police for hours.  I was soon told that the house was a crime scene, I didn’t know what that meant.   I was also told that some officers were from the CIB, I didn’t know what that meant, either.

I was told to not join the search, police and the  SEs had clear protocols.  I went to my parent’s house, and arranged to meet a new lawyer that evening.  The lawyer told me to go see a couple of doctors to get the scratches on my face looked at.

I went to the search command centre with my sister first thing on Saturday morning to see if there was any news.  I was asked to speak to an officer, he said that he would do everything he could to help find Allison.  I just wanted Allison found.

I was taken to the police station to make a formal statement but I changed my mind.  The office was furious.  My lawyer told me to not make a formal statement.”

Court – The documentation for the call records.

“I made a call to my friend, Rob Cheesman, I was calling him from my house.  I suspect that I may have just left a message for him.  My mother called me to let me know that they’d collected the children from school on the Thursday afternoon.  A phonecall from Rob Cheesman was probably Rob saying he was busy, could he call his wife and talk to her.

Court – GBC going through calls made that Thursday afternoon.

 

COURT ADJOURNED UNTIL 10:00AM

 

 

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?”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

 

TIME LINE – Gerard Baden-Clay Murder Trial

TIME LINE GERARD BADEN-CLAY’S ARREST

Thursday, April 19:  GBC allegedly claims he last saw his wife Allison watching Channel Nine’s The Footy Show in their living room at approximately 10;00pm.

Baden-Clay texts

Adelaide Now

 

Friday, 20th April: GBC phones police to report his wife missing  around 7.15am. Police establish a command post at the Brookfield Showgrounds to co-ordinate an extensive search for the mother-of-three.

Sunday, 22nd April: GBC crashes a borrowed car, owned by school friend, and accountant, Ray Cheesman, into a bus terminal at Indooroopilly Shopping Centre.

 

http://gibberjabble.wordpress.com/2012/05/07/24/

 

Two days after his wife disappeared, Mr Gerard Baden-Clay crashed into a pillar at the Indooroopilly Interchange. When he was asked about the accident, which resulted in his hospitalisation, Mr Baden-Clay answered a Channel Nine reporter almost bashfully.
I was hurt a little bit, but I’m OK,. “He was treated with very minor injuries and initially had sore ribs,” the DCS spokesman said.

news.com.au

 

Wednesday, 25th April: Detectives interview a former female colleague of GBC for three hours at Indooroopilly police station (TMcH).

Thursday, 26th April: Police search GBC’s  Century 21 Real Estate office in Taringa.

Sunday, 29th April: GBC attends church with his three daughters and then spends one hour at Indooroopilly police station receiving an update from police on the search for his wife.

Monday, 30th April: Police reveal a body has been found by a canoeist under the Kholo Creek bridge at Anstead at around 11:00am. Investigators are searching for information about the movements of the Baden-Clays’ cars between 8:00pm Thursday night, 19th April, at 6:00am Friday morning. 20th April – a white Toyota Prado and a silver Holden Captiva.

Tuesday, 1st May: Police confirm that the body discovered is that of Allison Baden-Clay.

Friday, 11th May: Allison Baden-Clay’s funeral is held in Ipswich and attended by hundreds.

Monday, 28th May: GBC relocates his new business to the Toowong Tower.

Wednesday, 30th May: Police receive toxicology reports from Brisbane’s John Tonge Centre, but remain tight lipped about the results.

Wednesday, 13th June: Gerard Baden-Clay is charged at 6:30pm with his wife’s murder and improperly interfering with her body.

Thursday, 14th June: GBC faces court for the first time. He is remanded in custody until 9th July. He is taken from Brisbane Watchhouse to Arthur Gorrie Correctional Centre. His lawyers lodge an application for bail on behalf of their client in the Supreme Court.

 

BAIL HEARING:

In refusing bail, Justice David Boddice said he considered Baden-Clay a flight risk but in an affidavit dated June 21, about a week after his arrest, Baden-Clay denied he was a flight or suicide risk.

“I’ve never considered it. I maintain my innocence and will be strenuously defending the charges,” he said.

“I note that no attempts of self harm have been made by me despite the intense media scrutiny, and the report of me as a person of interest as early as April 23, 2012.”

Opposing bail, prosecutor Danny Boyle claimed Baden-Clay was more than $1 million in debt and stood to gain $967,000 from his wife’s life insurance and superannuation.

Source: Adelaidenow.com.au

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 11 – 26TH June, 2014

Day 11

OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES

THURSDAY, 26TH JUNE, 2014.

Packed courtroom

A long line of people having been turned away

Daily Telegraph

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?”

GBC, “Indeed.”

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, “No.”

 

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

 

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 10 – 25TH June, 2014 (New Posters Welcome)

Day 10

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.

Police examination of Allison Baden-Clay's car.

Court Exhibit

Police examine Allison Baden-Clay's car.

Brisbane Times

 

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.”

A razor belonging to Gerard Baden-Clay.

Brisbane Times

 

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, sent between Gerard Baden-Clay and Toni McHugh, tendered into the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

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:

http://multimedia.aapnewswire.com.au/Search.aspx?search=baden-clay

===================================================================-

Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

==============================================================================================

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 9 – 24TH June, 2014 (New Posters Welcome)

Day 9

OUR REPORTS ARE IN DETAIL, UPDATED AS IT HAPPENS, FROM OTHER DIRECT SOURCES

TUESDAY, 24TH JUNE, 2014.

heraldsun.com.au

Dr Flegg, “The scream was a single, reverse crescendo volume, tapering off.  What I would describe as having an involuntary quality”.

 The screams occurred at 10:53pm.  I checked the time on my mobile phone. 

Dr John, “I didn’t find any diatoms in Allison’s liver or bone marrow. If Allison had drowned, I would have expected to find diatoms in her body.”

 

Dr Bruce Flegg, a parliamentary backbencher and medical doctor, has been called to the stand.

Dr Flegg and GBC have been friends for a number of years.

Dr Flegg, of Brookfield, testifies that he was in bed, talking on the phone to Sue Heath on 19th April, 2012 when he heard a female scream.

Dr Flegg, “The scream was a single, reverse crescendo volume, tapering off.  What I would describe as having an involuntary quality. I live in an elevated part of Brookfield, which is a very quiet area, the sound came from the general direction of the show grounds of Brookfield.  My bedroom faces towards the showgrounds.  It was distressing and I’m not one to be distressed by things I hear.  I asked Sue, “what was that?”  I then walked outside and looked around.  I then came back inside and heard a second scream, the tone and nature were exactly the same.  The screams occurred at 10:53pm.  I checked the time on my mobile phone. 

I don’t have any doubt about what I heard, I cannot be sure how far away it was.”

Dr Flegg is showing the court a map of where his house is in relation to the Brookfield Showgrounds (editor note:  Dr Flegg’s house is closer, in bound, elevated up on a slight escarpment, although he is not overlooking the showgrounds, as the crow flies,  he isn’t far from GBC house at all).

Dr Flegg, “I didn’t hear any unusual noises between 9pm and 10pm” (Editor:  Ann Rhodes lives closer to Dr Flegg, her house isn’t elevated but down near the creek, where you cross a bitumen bridge).

Dr Flegg, “I spoke to Gerard on a number of occasions through the local chamber of commerce”.  I called him in December, 2011, and asked to catch up.  I went to see Gerard at his new office in Taringa as Gerard had a situation in his business.  Gerard’s business partners had left and Gerard needed to raise $400,000.00.  I asked Gerard who his partners were and he declined to answer.  I asked Gerard if he was looking for an equity partner, he was adamant he didn’t want that.  He was looking to borrow money as he wanted to keep his equity at whatever level it was at the time.

In February 2012, I saw Gerard at a chamber of commerce meeting.  Gerard seemed to be a bit annoyed with me, and accused me of telling people that his business was in trouble.  I assured him that I hadn’t said anything.  On 6th March, 2012, I received a message from Gerard asking me to call.  I was in the election period, so I was very busy, so I asked Sue Heath to return Gerard’s call.  Sue Heath advised me that Gerard had asked again to borrow money, I called him back on 11th March, 2012.  It was a short call in response to the loan request.  I saw Gerard socially on occasion, although I don’t believe that I met Allison, nor Toni McHugh.  I have visited the real estate office once or twice”.

Defence asked about the scream.

Dr Flegg, “The scream was quite a disturbing event”.

Defence asks why Dr Flegg checked the front yard if he thought it came from far away.

Dr Flegg, “I thought it was a couple of house blocks”.  (Editor note:  Some house blocks in the early Brookfield area’s older estates are two and a half acres).

Dr Flegg, “My house would be at least a kilometer from the Baden-Clay home.  I would be extremely surprised if the screams had come from so far away.”  (Editor:  Acoustics in the Brookfield area are surprisingly clear and far reaching due to the area being hilly, in my view, this gives perfect acoustics).

Dr Flegg, “Gerard’s loan request was probably out of the ordinary but not dramatically left field.  I was surprised, but not a lot.  At the time, I was attempting to fund a purchase of a property in New York.”

Defence:  “Gerard didn’t seek to pursue the loan request when you called him back, he’d moved on”.

Dr Flegg, “Yes”.

 

Robert Cheesman has taken the stand, he owns a consulting business and is friends with GBC.

Mr Cheesman, “I met Gerard in 1983 in high school, we’ve been close friends ever since.  Gerard was my best man at my wedding.  Gerard told me in February, 2011, that he had suffered some setbacks after the floods and his partners left.” (Editor’s note, hmmmmm we recall the partner’s testimony, which is not as per this statement).

“I lent Gerard $90,000 in March, April and May, 2011, two of our friends also lent Gerard money.  The business was clearly in trouble but I saw a way out.

The expenses were too high, they were paying too much rent and also had staffing issues.   There wasn’t a written agreement, it was agreed that Gerard would pay 10% interest.  I received three or four months on interest payments from Gerard, although I didn’t receive any of the $90,000.00 back.  I was fairly heavily involved in the business, reviewing all the payments in and out until September/October, 2011.   Gerard and I would talk several times a week.  In October, 2011, I advised Gerard to buy out the rent roll.  Gerard received his finance from his former partners who had sold him the rent roll.”

“I have met Toni McHugh but I didn’t know her, nor did I know of the affair.  I have an accounting background and was rigorously going through Gerard’s business records.”

Defence asked about expenses.

Mr Cheeseman, “For the first six months I approved every expense, Gerard was definitely optimistic about the business.  We wouldn’t have lent Gerard the money if we didn’t think he would pay it back.  I didn’t make a demand for the money.  I do believe that Gerard’s credit card debt was his only personal debt.

In June, after Gerard’s arrest, the rent roll reverted back to the former partners.  I believe that Gerard was always optimistic and I also believe that Allison had admiral ambitions, I would describe her as optimistic.”

Defence:  “Were you aware that Allison wanted a son?”.

Cheesman, “I was aware of that.  I knew Allison was suffering from depression and that Gerard found it hard.  My company and Gerard’s company were both once listed in BRW’s fastest growing companies”.  (Editor’s note:  There seems to be a trend that Gerard’s friends run down Allison and support this suicide theory with their comments.  Why are Allison’s friends, bar one, not on the stand?)

Cheesman, “I remember Nigel asking if I could find Gerard a lawyer after Allison disappeared.  I blew Nigel off and told him it wasn’t necessary and that they should focus on finding Allison”.

 

Stuart Christ has been called to the stand, Stuart and Gerard attended school and university together.  Their children attended school together.

Mr Christ said that in recent years they probably weren’t as close, before that, they were close.

Mr Christ, “My wife and I gave Gerard and Allison a loan for their business.  In February, 2012, I received a call from Gerard saying that the business wasn’t doing well.  It was a fairly vague call.”

“I then saw Gerard with Cheesman and another friend, we were told that the business’ cash flow was in trouble following the floods.  Gerard told us that he had hired a lot of new staff, that they were in a much larger office and were paying more rent.  The business would have been in severe trouble in 2011 if not for a cash injection.  The three of  us loaned Gerard money and pushed the business to reduce expenditure.  I gave Gerard $90,000.00 over three payments in March and April, 2011.  The idea was that we would be paid 10% interest each month until we received the $90,000.00 back plus a cap of $90,000.o0 in interest.  I received three interest payments from Gerard.  I have not received an interest payment since around July, 2011 and I did not receive the $90,000.00 back.  The sales arm of the business had a negative cash flow when Gerard asked for a loan.  It wasn’t worth anything.  Gerard took over the rent roll in 2011, after receiving finance from his former partners.  I did not speak to Allison about the loans although the cash was paid into Gerard and Allison’s joint business account.”

“I may have met Toni McHugh, although I don’t recall her.  I wasn’t aware of the affair”.

Allison became more involved in the business in late 2011 which actually gave us a lot of comfort.  My impression was that Allison was involved in the management of the rental business and the business in general.  During one discussion we asked Gerard to confirm something with Allison, we actually pushed the point that Allison was to be involved.  I did not speak directly to Allison at the time of the loan.  After the loan, we required very regular updates on the business, the sales and expenditures.   In late 2011, we became more comfortable that the business would survive, although at various times Gerard would ask for more money, which we didn’t give him”.

(Editor’s note:  NBC’s phone and internet bills were paid out of the business they were quite hefty).

“I would have had to borrow more money to invest more money in Gerard’s business and I did not want to do that”.

Mr Christ, “Our families would occasionally go camping together. Allison would be removed, or quiet and reclusive at times.  If I dropped the children off, Allison would be at the door smiling and happy, other times she would not come out.  It wasn’t a big deal, that was Allison.”

“I didn’t make a demand for repayment on the $90,000.00 loan I gave Gerard, we weren’t terribly worried, as we were getting interest”.

“The business had significant fixed costs that would take time to reduce.  Gerard needed to downsize vehicles from a Lexus to a Captiva, cut staff and sublet part of the office space.  By the end of 2011, I was not as worried and more comfortable, as we would see that the money came back at some stage.  It gave me great comfort to see Allison and Gerard working together in the business.

I received a phone call on 20th April, 2012, and was quite distraught and concerned about the line of questioning from the police.  Nigel said that they were going after Gerard.  I told Nigel that they should focus on finding Allison.  I gave Nigel the number of a lawyer who I went to school with.

Allison was fine before Easter 2012.

.
Peter Cranna, an accountant and friend of GBC’s has taken the stand

Cranna, “Gerard and I have been friends for more than 20 years, we met while working together in an accounting firm. We attended each other’s weddings, we went camping each year, we had dinners and coffee.

I had lent money to Gerard in 2006, 2008, 2009, 2010 and 2011 of which he paid back.  The amounts included $50,000, $24,000, and $19,000.  Gerard paid back $6000 in February, 2011.  We have a friendship and he talked to me about his business.  I was willing to lend him some money for his business to succeed.  Gerard supplied the reports when I asked for them.  Two of Gerard’s friends, Mr Christ and Mr Cheesman and myself formed an advisory group for the business in 2011.  We thought that we could assist by looking at the cost structures of the business.  The general conditions of the real estate business at that time were difficult, as the floods had had a negative effect.

We drafted an agreement before lending Gerard money, although it wasn’t ever signed.  It was a loan, there wasn’t a term on the loan, and I don’t remember the interest rate.  Of the $50,000, $24,000 and $19,000 loans, as of April, 2012, Gerard owed approximately $96,000.00.

I did not know Toni McHugh and I was not aware of the affair until after Allison went missing.  I was aware that Allison was involved in the business from time to time and that she became more involved in the business in 2011.”

Defence:  “You have been a chartered accountant since 1991 and you have many qualifications.  Two loans, before 2008, were repaid with interest?”

Mr Cranna, “I did not make demands for the remainder.  The business was involved in reducing the business costs and increasing sales, the business was going through a growth phase.  In the market conditions of that time, there were too many staff.  After the three of us came on board in 2011, sales picked up to a better level and I was happy with the direction and the trend that the business was travelling.”

Defence:  “Have you known Gerard to grow a beard in the past?”

Mr Cranna:  “He had more impressive facial hair that I did.”

(Editor – this was a pertinent question, no cross examination?).

 

Professor James Wallman, a forensic entomologist since 1990, is giving evidence by phone. 

Professor Wallman was given samples of insects, by the police, on the afternoon of 30th April, 2012, they asked him to identify and provide a minimum time since Allison’s death.  Professor Wallman was also asked whether he could tell if Allison’s body was submerged in the creek where she was found.

Professor Wallman, “I initially had to identify the type of insects and use temperature information.  I then had to determine how long it would have taken the insects to develop to that extent.  I can then estimate the person has been dead for at least that amount of time.  Allison could have been dead for at least three to four days in good temperatures, more time in a cooler temperature.  It is possible for the flies to have gone through a full cycle and left the body which would be consistent with Allison being dead for 11 days.  I couldn’t reach a conclusion on whether her body had been submerged.

I didn’t receive additional weather data to analyse.

It would be normal for flies to lay eggs at intervals.

 

Dr Jacob John from Perth.  Dr John is a retired professor, his expertise is diatoms (algae), a microscopic organism found in water.  Dr John will now give evidence via phone.

Dr John, “Diatoms do not decompose if they enter the human body, they stay there.  I was provided with water samples from Kholo Creek, and a piece of Allison’s liver tissue as well as some bone, marrow intact.

There is a population explosion of diatoms in Kholo Creek.  In the typical drowning scenario, diatoms will enter the human body.  Diatoms in a body is evidence of drowning.  I didn’t find any diatoms in Allison’s liver or bone marrow.  If Allison had drowned, I would have expected to find diatoms in her body.

My conclusion is that Allison did  not drown in Kholo Creek or anywhere.  There isn’t any evidence of drowning at all.”

DEFENCE:  “You do not have any experience in pathology.”

DR JOHN:  “No, I have studied human biology”.

DEFENCE:  “Tissues from the lungs and stomach are best for diatom testing.”

 

Professor Olaf drummer, a toxicologist with more than 25 years experience has been called to the stand.

Professor Drummer was given a toxicology report on Allison.

“Allison had sertraline and alcohol in her blood.  The sertraline is an anti-depressant, more commonly known as Zoloft.  The usual starting dose is 50mg but can range up to 200mg.   A tolerance to the side effects of sertraline can be developed.  Patients can start with a low dose and doctors might increase the dose to achieve more of an effect.  Sertraline is relatively non-toxic.  .1mg up to .3mg per litre of blood would be  normal in someone taking sertraline.  The concentrations will change throughout the course of the day, with the levels of sertraline in the blood increasing after death as it will move from tissues to blood.  Allison had a blood alcohol level of .095, this could have been from post mortem changes in the body.  It is quite common to find alcohol concentrations in a body that has been exposed to the elements.  The concentration of sertraline in Allison’s blood was on the higher side, clinically.  The levels could have been affected by the decomposition of the body.  The sample that I had was from the liver.  Liver readings would have been higher.  I would not ever rule out death from sertraline alone but I say it would be very unusual.  I would expect much higher levels of sertraline in Allison’s blood if she had overdosed.”

Defence:  “If on 100mg per day, the average person would have .03mg and highest .05mg in their blood.  Professor Drummer says .1.  Will the side effects of Sertraline be agitation, anxiety, paranoia, abnormal thinking?”

Professor Drummer, “Sometimes”.

Defence:  “Can Sertraline cause serotonin syndrome?”

Professor Drummer, “Yes it can”.

Defence:  “.59mg sertraline was in Allison’s blood.  It is substantially higher than would be expected?”.

Professor Drummer, “No.  The blood was collected next to the liver from a decomposing body, the levels would have been elevated”.

Defence, “The level was still higher than expected.”

Professor Drummer, “Not in my view, no.  You cannot be too precise about what the concentrations represent.  In my view the Sertraline is unlikely to be the cause of Allison’s death.  I cannot exclude it though.  Side effects of Sertraline would have been present early on and then would have dissipated.

 

Martin Giles, a hydraulic engineer has been called to the stand.

Mr Giles assessed the flood levels at Kholo Creek for the police.

Mr Giles, “I obtained rain data for the area.  On 22nd May, 2012, I visited Kholo Creek where Allison’s body was found.  There was a depression on the ground where her body had been.  When I returned on 21st August, 2012, the depression was still there.  There wasn’t much difference in size.  The mouth of the creek is 120m from the bridge.  Kholo Creek is tidal.  There was a 2m difference in tides.  There was rain in the creek catchment on 27th and 28th April, 2012 between 80mm and 100mm. Allison’s body was 1.4m and 1.5m above mean sea level.  I do not believe that the tide levels would have been enough to move a body.  Allison’s body was at 1.4m – 1.5m above mean sea level, highest tide would have reached 1.5m above mean sea level.”

Defence:  “Your opinion is based on the charts, not the observations of the tide actually moving.  There isn’t a rain gauge available at Kholo Creek.  The information had to be taken from nearby.”

The defence points to a photo, pointing out the discolouration in the bank above Allison’s body.

Defence, “Is this the high tide line?”

Mr Giles, “It could be, but it could be other things.”

 

Dr Gordon Guymer, director and botanist of the Queensland Herbarium has taken the stand.

Dr Guymer, “I received specimens of plants taken from Allison’s body on 28th June. I looked at them under a microscope before comparing them to the known specimens.  I identified seven leaves of crepe myrtle entwined in Allison’s hair.  Three leaflets of Cat’s Claw Creeper were identified.  Chinese Elm was also found with the body.  I found four of those species entwined in Allison’s hair.  The crepe myrtle leaves were fallen leaves.   The Cat’s Claw creeper leaf was pulled from a plant, it was attached at the time.  The Cat’s Claw creeper grows up in trees along the ground.  The seven fishbone fern leaves seemed to be fresh and fallen.  The parts of eucalypt leaves and bark were no doubt fallen.  The Chinese Elm leaf looks to be a fallen leaf.

I also looked at the grass and leaf fragments from the Baden-Clay car, including the footwells.”

Dr Guymer attended Kholo Creek on 13th July to conduct a botanical survey of the area.

Dr Guymer, “I found Chinese Elm and Eucalypts in the distance.  Those were only two of the six species of plant found at Kholo Creek.”

Dr Guymer, “There is a crepe myrtle at the house, visible from the street, I took some samples of the crepe myrtle.  I also found a fallen branch of lillypilly at the house.”

Photographs:  Different plant species growing around the Baden-Clay house.

Photograph:  Photo of the garden, Dr Guymer points out crepe myrtles and cat’s claw creeper.

Dr Guymer, “There are crepe myrtles and cat’s claw creeper growing alongside the carport area.

Photograph:  Another view of the carport area showing cat’s claw creeper growing along the ground, as well as the crepe myrtle.

Photograph:  Carport area shows fishbone fern and crepe myrtle close by.

Photograph:  Fishbone fern and crepe myrtle leaf litter along the rear patio area.

Dr Guymer also found fishbone fern on the ground on the back patio.

Four of the plants found on Allison were growing at the rear patio area.  Others along the carport and towards the front of the house.

Dr Guymer,  “I returned to Kholo Creek bridge on 19th July to complete another survey.  Chinese Elm and Eucalypt only found.  I went to the nearby scout camp and travelled along the area and I did not find other plants.”

 

Dr Guymer, “I returned to Kholo Creek on later occasions to confirm those species were not there.  They definitely were not there.”

Dr Guymer will continue tomorrow.

 

ADJOURNED UNTIL 10:00AM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

===================================================================-

Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

==============================================================================================

 

Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 7 – 19TH JUNE, 2014 (New Posters Welcome)

Day 7

 UPDATED, AS SOON AS  TO HAND, FROM OTHER DIRECT SOURCES

THURSDAY, 19TH JUNE, 2014.

Dr George, ” I did not have any concerns whatsoever that Allison was suicidal”.

 

Dr Rene Kumar, GP from Taringa is called to the stand.

Dr Renu Kumar

Taringa Medical Centre

GBC visited Dr Kumar for a consultation with regard to his scratches on his face on 21st April, 2012 at 4.00pm.  One scratch was 4cm long x .5cm wide, the other was 2cm long x .5 cm wide.  Dr Kumar also observed scratches on GBC’s neck, which he advised was from a caterpillar.  A third injury was on GBC’s chest, which GBC said was from being itchy, that he scratched himself due to the caterpillar.  GBC said that the facial scratches were from shaving with a blunt razor.  Dr Kumar observed that GBC “looked a bit sad” as his wife had been missing since Friday morning.  However, he wasn’t crying, he wasn’t smiling, he looked sad.

The defence questioned Dr Kumar.  GBC visited Dr Kumar who said that GBC visited her for a consulation as advised by his lawyer, to have the injuries documented.   Dr Kumar said, “I asked him what it was from, that scratched him, and he said that a caterpillar had landed on it and he had scratched it.  The marks on Gerard’s neck and chest were from scratch marks”.  Dr Kumar asked GBC how there could be scratches on his chest like that, she said that he demonstrated for her.  Dr Kumar’s opinion is that the scratches on GBC’ neck and chest were self inflicted; however, the marks on GBC’s face seemed too wide to be caused by a razor, although possible.  She clarified that her opinion is that the cuts on GBC’s face could be caused by an old fashioned razor blade.

 

Dr Robert Hoskins, GP and former forensic medicine associate professor has been called to the stand.

Dr Hoskins specializes in interpretating injuries and their possible causes.

Photograph – scratches on GBC’s right cheek.

Dr Hoskins points out that there are three abrasions and some small scratches on GBC’s face and there are possibly four small scratches below the broader abrasions.   An abrasion is a “fancy name for a graze.  You can see very clearly that the edges are very raggedy in appearance and that they are not linear, there are notches and a skin tag, with a raggedy edge on the largest abrasion.  The smallest abrasion has a curved appearance, it isn’t linear.  The abrasions have the characteristics of fingernail scratches, they are ragged, the right size and approximately parallel.  I am unable to exclude other possibilities”.

Photo of GBC’s razor.

Dr Hoskins said, “I find it extremely implausible that the scratches were caused by a razor.  We are looking at a device that is designed to prevent such injuries”.

“I have performed shave biopsies, you would use a scalpel or an unexposed linear blade, a local anaesthetic and adrenaline to stop bleeding, then bunch the skin a certain way to biopsy.  You would not use a razor to perform a shave biopsy.  I have assessed dozens and dozens of scratch injuries and the large abrasions on Gerard’s face would have bled at the time”.

“The smaller scratches underneath the large abrasions could have been caused by the razor as they appear to have been caused after the large abrasions.  The larger injuries would more than likely have happened between six and 24 hours before the photograph was taken.  The smaller scratches more than likely happened less than six hour before the photograph was taken.”

Photo of the GBC’s chest with chest marks.

Dr Hoskins said, “There are two, possibly three marks at the base of Gerard’s neck.  The marks are parallel, top to bottom, or bottom to top.  The marks on the neck could be explained as scratches through clothing, other causes cannot be ruled out and they do not seem to be from repeated scratching.  The injury on Gerard’ left hand side of his chest have two features.  Some bruising and superficial scratching and red marks.  There isn’t anything that immediately leaps to mind to say what caused it.  The marks appear to be in different directions, I emphasise appear to be. Possible causes include repeated scratching, it is possible Gerard could have done it to himself”.

Prosecution:  “How could repeated scratching cause bruising as well?”.

Dr Hoskings said, “The bruising could be caused by falling against an object or striking an object”.

“The bruising and red marks to Gerard’s armpit has three possible causes.  Clothing being pulled backwards, a backpack strap being pulled, or fingernails through clothing”.

Photo GBC’s face.

Photo of Allison’s hands.

“Allison’s nails have characteristics likely to give rise to injuries such as this”.

Defence:  “The possible causes of Gerard’s injuries are complete speculation.  You cannot rule out other causes”.

Dr Hoskins, “I can rule out some”.

Defence: “Police initially asked Dr Hoskins for photographs of the fingernail scratches, they say he offered his opinion.

Dr Hoskins, “I was asked to provide a report”.

Defence:  “It’s impossible to be 100% sure on the cause”.

Dr Hoskins, “That is true”.

Defence:  “One of he causes that cannot be ruled out is a razor blade”.

Dr Hoskins:  “I am confident that they weren’t caused by a razor.”

Defence:  “But you cannot rule it out”.

Dr Hoskins: “Yes I can.  It is implausible that the scratches on Gerard’s face were caused by a razor.  I am unable to say whether one of the smaller scratches is joined to one of the larger abrasions.  The aging of injuries is not a precise science.  I formed my opinion from looking at the photographs.  If it is a skin flap at the top of the abrasions, it would indicate a bottom to top motion.   The injuries to Gerard’s chest area are essentially bruising with two or three abrasions, although I cannot say conclusively that they are abrasions”.

Defence:  “Another expert gave an opinion that he could not confidently identify the abrasions referred to”.

Dr Hoskins:  “I spent a lot of time examining the images, enhancing them and I feel I identified some skin breaks.”

Prosecution queries again with regard to the abrasions on GBC’s face.  Dr Hoskins said, “Whether the blade is old or new does not change my opinion on the cause of the abrasions.  In my own experience, I find it more likely that you would cut yourself with a new blade.”

 

Dr Leslie Griffiths, Queensland Health forensic medical Officer takes the stand.

“Part of what I do is interpret injuries.  I examined GBC at 7.15pm on 22nd April, 2012,which was later than when the photos were taken.   There were broad abrasions on GBC’s face with signs of advanced healing.  There were irregularity in the marks on the face.  The edges were irregular, not as distinct as you would see a cut.  I believe whatever caused the abrasions was in a down direction.  I cannot be sure if the injuries would have bled.  The first abrasion is 2.5mm wide, the second is 4mm wide and the lower one is 2mm wide.  A cut to the skin from a knife or blade has a defined edge.  It’s just a split in the skin.  The scratches could be caused by fingernail scratching, particularly due to the face that the direction is down.  There may be other explanations, but the impression I formed is that they could be caused by fingernails.  I have not ever seen an injury like that caused by a razor, it is highly improbable.  They were abrasions, not cuts, a razor would not cause an abrasion; however, you might look at it.  The smaller marks on Gerard’s face were not present when I saw him on the 22nd”.

Police photograph of Gerard Baden-Clay's face.

Police photograph of Gerard Baden-Clay’s face. Photo: Court Exhibit

 

“There are two definite abrasions that are tapering on Gerard’s back.  The marks are from top to bottom, tapering at the bottom.  My impression is that they were caused by fingernails.  There is an area of redness above the two abrasions, the abrasions are linear.  A fingernail could have lifted off the skin half way down, applying less pressure.  There could be other explanations, I cannot think of any, but there may be.  I cannot be certain about the injuries above Gerard’s armpit.  It could be caused by a strap from a bag.  I would classify it as a bruise with a patterned abrasion.  The chest injury is a patterened abrasion.  It could be caused by fabric being forced against the skin; however, I cannot form a conclusion.  Whenever there is a bruise, the injury is generally at least 18 hours old.

 

Police photograph of injuries on Gerard Baden-Clay's chest.

Police photograph of injuries on Gerard Baden-Clay’s chest. Photo: Court Exhibit

Marks on Gerard Baden-Clay's neck.

Marks on Gerard Baden-Clay’s neck. Photo: Court Exhibit

 

I shaved part of Gerard’s beard to examine the injuries.  There was full healing for two months; however, there were still markings of healed abrasions.   The healed marks confirm my opinion that the injuries were abrasions, not cuts.”

Defence:  Dr Griffiths advised that there could still be signs of other injuries, injuries that were more superficial than the facial injuries.  Dr Griffiths stated that he cannot imagine any razor available on the market today that could cause those kind of abrasions.  He did not notice any skin tags during his examination on 22nd April.  He didn’t come to the conclusion that the abrasions were from bottom to top.  He agreed that the interpretation of the injuries can be imprecise.  Dr Griffiths said that the marks on GBC’s neck are much more superficial and that the abrasions seem to be caused from top to bottom, with less pressure at the bottom.  Dr Griffiths is asked about a report written by Dr Wells who said that he cannot indicate direction.  Dr Griffiths said,”Well, that is his opinion.”  Dr Griffiths said that he believes from seeing the abrasions in person, the marks were patterned abrasions.  He repeated that they were patterned abrasions with some suggestion of directionality.

The Defence said that Dr Wells’ report stated that it is a chest bruise.  Dr Griffiths said that that would involve a blunt force, “I think it is an abrasion.”

Photograph from the police examination of Gerard Baden-Clay.

Photograph from the police examination of Gerard Baden-Clay. Photo: Court Exhibit

Cameron Early has now been called to the stand.

Cameron met GBC through the school and local show society.  Mr Early said that he saw Gerard at 9:15am on 19th April, at the school cross country.  Mr Early said that Gerard pulled towards the left side of his neck and said, “Oh sh*t what was that”.  Mr Early said that he presumed GBC has been bitten, he also saw a welt about an inch long and red on the top of his neck.  Mr Early also recalled that GBC had a red eye, he said that he can’t say for sure, but he thinks GBC spent a “good few minutes” scratching his neck and later continued to be irritated.

 

Ms Susanne Heath has now been called to the stand, a close friend of Dr Bruce Flegg’s.

Ms Heath has known GBC since 2009, as she sold a property through GBC’s company.  Ms Heath has not met GBC’s family or wife.  Ms Heath said that in March 2012, during the election period, she phoned Gerard.  Ms Heath said that Bruce Flegg asked her to call Gerard as he was having financial problems and wanted to know if Bruce could lend him money.  She said that she felt quite sad for him and that she thought he’d been quite successful in business; however, she didn’t think they would have “that kind of money”.  Gerard told her he would go broke if he didn’t get some money, and that he needed $300,000.00, she thought that he was under a lot of stress.

The defence suggested that Ms Heath was not told by Gerard that he could go bankrupt, she agreed.

Ms Heath said that she was on the phone to Bruce Flegg on 19th April and that he asked her to turn her TV down because he heard a scream.   Ms Heath said that she didn’t have the TV on.

 

Professor David Wells, from Perth, is on the stand via video link,  Professor Wells is a forensic physician.

Professsor wells specializes in injuries relating to allegations of interpersonal violence.

Professor wells was sent photographs and reports from doctors on GBC’s injuries.

Photo of GBC’s facial injuries

Professor Wells, “The abrasions are linear abrasions, the injuries are due to a form of blunt trauma where an object has come into forceful contact with skin and lifted a layer.  The object would not have been smooth, it would have had some irregularity, implements such as fingernails, or a claw from a domestic animal would fulfill the  type and arrangement of the injury”.

Photo of disposable razor

Professor Wells, “I cannot reconcile that type of razor producing such an injury.  I cannot see a mechanism whereby the blade could cause those sorts of  injuries in normal use.  Below the abrasions there seems to be some fine linear marks.  Conceivably those could have been caused by a razor.  Injuries from shaving are more likely to occur at skin protuberances, pimples or moles.”  There is a difference between straight cuts and raggedy abrasions.  Furthermore is is an “unusual site” for a shaving injury.  Professor Wells said, “There are wide areas of abrasion, a razor will produce fine marks.  It would have taken more than one motion to cause those abrasions, if caused by a razor.  The abrasions were  not caused by a sharp object they were caused by something with an uneven edge.  Fingernail scratches are rarely exactly parallel or involve all four fingers marking the skin”.

Photos of GBC’s neck and upper torso.

Professor Wells, “I believe the injuries on Gerard’s neck are bruises, at least two broadly parallel bruises.  The marks could have been caused by objects moving across the skin, for instance two fingernails dragged across the skin could have caused the marks.  The injury could have been caused by fingernails over the top of clothing, more likely to get a bruise than abrasion.  The injury on Gerard’s chest has an area of bruising, that appears to have a patterned feature.  Fingernails applied through fabric could have produced such an injury, but so could an impact, like a fist.  The injury above Gerard’s right armpit is an area of bruising due to blunt trauma.  There isn’t any way to comment on the timing of the different injuries.  It is quite likely that there would have been bleeding associated with the facial injuries.  It is difficult to tell how old the facial injuries are, some hours, a day, the surface of the injury is dry”.

Defence, asked if examining the photos is the same as examining in person.  Professor Wells agreed that fingernails over the top of a shirt are more likely to cause a bruise rather than an abrasion.

Professor Wells has repeated that there isn’t any correlation between the razor blade and facial injuries, that the razor blade will not produce that pattern of injury.

Professor Wells, “If a razor was damaged in some way, it increases the likelihood of it causing a skin injury”.

Photo of the palms of  GBC’s hands.

Defence:  “are the marks on the hands consistent with being caused by a screwdriver?”

Professor Wells, “I’d be very surprised if I used those words”.

The defence read from his notes, “I could have misquoted you”.  Professor Wells, “You did, but I won’t hold that against you”.

Defence, “Were the injuries from a damaged razor?”

Professor Wells, “The pictured razor did not seem to be damaged”.

 

Sergeant Kathryn Denny from police photographic has been called to the stand.

Sergeant Denny photographed the bank at the Kholo Creek bridge.

Mrs Baden-Clay’s body was left of one of the bridge pillars, below the bridge and not to the side of the bridge.  This was found through a process of overlaying a number of images.

 

Police examine Allison Baden-Clay's car.

Police examine Allison Baden-Clay’s car. Photo: Court Exhibit

 

Dr Tom George, psychiatrist has been called to the stand.

Dr George, “I first saw Allison in September, 2003 and then periodically until July, 2009.

Dr George has 36 years experience.  He said that Allison was 26 weeks pregnant with her second child.  Allison described having a panic attack in the car and had avoided for fear of another panic attack.  Allison’s confidence levels had dropped, she wasn’t sleeping well and was less energetic.  Dr George had a lengthy consultation with Allison with regard to treatment options during pregnancy and prescribed Zoloft.    Dr George said by the time Allison delivered, she was virtually symptom free by the time she delivered, in fact, within a few weeks, there was a vast improvement, a significant improvement.  The situation was resolved.

Allison contacted him again in 2006 when she fell pregnant with her third child.  Allison very quickly responded to the Zoloft, the dose had been increased at 28 weeks of pregnancy, which is normal for the increase in blood volume.

After the birth of Allison’s third child, Dr George said that he reduced Allison’s Zoloft back down to 50mg.  “She was doing extremely well, without any problems whatsoever in 2007 and 2008”.

Dr Geroge said, “Allison and her husband came to see me in 2009 about difficulties in the marriage.  They were both together throughout the consultation.  They both spoke of difficulties from their own perspectives.  Gerard was frustrated that Allison left the decision making to him.  Gerard said that Allison was capable and made decisions while he was away but was so dependent on him when he was home.  Gerard also complained that the business was under financial pressure and Allison had spent money on an expensive treadmill.  Gerard was contemplating ending the marriage but was concerned about the impact on Allison and the children.  Allison did not want the marriage to end.  I told them to see a marriage counsellor”.

“When I saw Allison on 26th June, 2009, she didn’t have any depressive symptoms.  When I saw her again on the 29th June, Allison said that she and Gerard were living separate lives under the one roof.  When Allison arranged a weekend away for their wedding anniversary, Gerard could be involved in the plan if he chooses.  Allison was depression free at this consultation.  Allison was extremely fond of her children and very proactive with helping them.  I did not have any concerns whatsoever that Allison was suicidal.  Beyond the first one or two consultations, Allison was fine.

Defence:  The defence is going through Allison’s symptoms.  Defence said that Allison had her first panic attack while she was driving.

Dr George, “Allison was more suffering from depression that anxiety at that time.  The anxiety was secondary.  She was an anxious sort of person at the best of times, it affected her depression.  Allison had experienced anxiety as a child.  Allison had a bad reaction to an antimalarial medication and hallucinations and now that drug is discredited.

Defence:  “In February, 2006 Allison told  the doctor that her symptoms were returning and that she wanted to return to the Zoloft.  Anxiety seemed to occur during each of Allison’s pregnancies.”

Dr George, “It is not unusual for any medical condition to return as a pregnancy advances.  Gerard called me when Allison was pregnant for the third time concerned that she would be disappointed that she was having a girl.  Gerard told me that they both wanted a boy.  Allison was disappointed initially but recovered very quickly.

The Defence has raised the subject of an email in 2005, which was at the beginning of Dr George’s treatment of Allison, that  Allison sent Dr George, asking him to write a letter explaining her history with regard to  not returning to work.    The Defence said that it is not at all uncommon for someone to commit suicide without professionals being aware it was a risk.  Dr George agreed.  The Defence said that a doctor, no matter how conscientious, cannot guarantee that a patient is free from the risk of suicide.  Dr George agreed on principal; however, he insisted that after six years in his care, Allison had not ever self harmed.

Prosecutor:  With regard to t he email that Allison sent, she had worded it that she had been unwell in the past and that the letter related to capital gains tax.

 

Stephanie Apps, a resident of Brookfield, has now been called to the stand – a surprise witness

Ms Apps said that on 19th April, 2012, she arrived home around 9:40pm with her teenagers bickering in the car, and by the time they arrived home, the bickering was explosive.  Ms Apps shouted at them to get inside the house.  Ms Apps’ daughter knocked over a pot, she then ran to the top of the driveway and shouted loudly at them.  Mrs App’s daughter  then ran into a spider’s web and screamed very loudly, so loudly, that she was worried that the neighbours might hear it.  Later, when she went to see the police, she told them about her daughter screaming.  They took down her details but did not make a statement.  Ms Apps was then approached by a private detective, acting for GBC’s defence team last Sunday, she was asked to provide a statement.

Defence:  Mrs Apps agreed that her neighbours who are across the road, back onto the BC residence.  “I was telling my children to be quiet and to get inside.  She was a mother having an hysterical fit at her children.  Her daughter gave a shrill, startled scream, when she ran into the spider’s web, as her daughter is terrified of spiders.

Court is adjourned until Tuesday at 10.00am.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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===================================================================-

Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

==============================================================================================

 

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Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 6 – 18TH JUNE, 2014 (New Posters Welcome)

Day 6

 UPDATED, AS SOON AS  TO HAND, FROM OTHER DIRECT SOURCES

WEDNESDAY, 18TH JUNE, 2014.

 

Daily Mail UK

 

 

Dr Stark said that the “abrasions ARE NOT within the last couple of hours.”

GBC’s injuries are “not typical” of razor blades.

The smaller injuries, Dr Stark believes, are consistent with a razor cut.   Dr Stark agrees that the science is not exact.

 

Jury is hearing recorded interview, as per GerRED’s statement:

 

https://supportaustralia.files.wordpress.com/2014/02/gbc-1st-interview.pdf

 

Photos of police attending the case:

http://multimedia.aapnewswire.com.au/Search.aspx?search=Baden-Clay

 

Dr Margaret Stark, forensic physician from NSW takes the stand via video link.

Dr Stark assessed the injuries, from photos supplied, the injuries are scratches on GBC’s face.  The court is being shown photos ‘f the “Abrasion Injuries” resulting from contact with a rough surface.  Some of the three “abrasion inuries” are redder than others, suggesting two sets of injuries caused at different times.

The prosecutor is pointing to small “dots of red” under the big scratch marks.  Dr Stark suggested that the yellowing on the big marks suggests healing, the red marks suggest more recent injuries.   The “yellowy ones” maybe within a day or so, unfortunately it is an imprecise science, she said that the abrasions ARE NOT within the last couple of hours.  Referring to the wide, large abrasions, they are “typical of fingernail scratches”.  Dr Stark said that the scratches are very typical of fingernail scratches as people will pull away, as it hurts.  There may have been some bleeding, it wouldn’t be as much as a wound laceration.  Someone with nails would have to make the scratches, furthermore, Allisons’ nails would have been long enough to make the scratches, as I’ve inspected photos of them.

GBC’s injuries are “not typical” of razor blades; however, she can only say what is likely, as it isn’t an exact science and that using her experience examining thousands of victims of assault and suspects who have been injured gives her the ability of giving an opinion.  Furthermore, GBC’s razor blade is the incorrect width, and one wouldn’t keep going after the initial cut.  The smaller injuries, Dr Stark believes, are consistent with a razor cut.

Dr Stark is now being cross examined by the defence.

The defence is suggesting that the photos can be not clear due to the skill of the photographer, the ambient lighting, film exposure.  and that Dr Stark did not see the scratches in person, that she only inspected the photographs.  Dr Stark agreed that that could all be relevant.  Defence continues to say that there is nothing specifically, that says the scratches were caused by fingernails, Dr Stark agrees that the science is not exact.

Dr Stark said, “With injuries, the only people who know how they were caused a lot of the time are the people present and that a razor blade is less likely; however, she cannot rule it out 100%”.

Dr Stark has been excused.

 

Dr Candice Beaven, GP, from Kenmore Clinics now takes the stand.

Dr Beaven’s testimony is that, during the consultation with GBC, he advised that he cut himself at least three times with a blunt razor.  Dr Beaven said that there were three separate marks on GBC’s cheek and that she asked him whether he had noticed cutting himself the first time he shaved and why he kept shaving.  GBC said that he’d done them in one motion, Dr Beaven questioned him again, and he said, “maybe more than one motion and that he was in a rush and might not have noticed that he was cutting himself.”  GBC said that he’d been asked by the police to see a doctor to have his injuries documented.  Dr Beavean said she felt Gerard was in a rush and anxious, he wanted to get on with the consultation.

However, GBC was very friendly at the end, he handed her a business card and offered to  help her find a house.

The defence suggested that GBC’s lawyers, not the police instructed GBC to attend the doctor. “That is not what I recall” said Dr Beaven.  Dr Beaven said that the marks on GBC’s face could be similar to marks caused by a “shave biopsy”.

 

Senior Constable Cameron Simmons, a plainsclothes officer has been recalled to the stand.

Senior Constable Simmons said that Allison’s mobile phone triangulation was a 4 km radius directly behind the Baden-Clay house; however, they were unable to find the phone.  Senior Constable Simmons said that he located Allison’s journal when he returned to the house after it was made a crime scene and that he conducted a search of the house and didn’t find any medication.

Simmons stated that GBC did not become emotional during the recorded interview.  “He didn’t shed a tear”.  Simmons was back at the house 0n 21st April, while the SES was conducting search.  “There was nothing of interest located in the front or backyard”.  Allison’s journal was on the opposite side of the bed to where the covers had been pulled back.  Simmons took possession of fingernail scrapings from GBC.  Simmons searched the cars. On 25th April, the computers and washing baskets were seized from the house.  There was nothing of interest in the computers or found on the clothing or anything else of interest that was seized.

On 13th May, Simmons returned to the family home of the GBC’s to issue a warrant, the house was no longer a crime scene.

 

Sergeant Julian Dash, a scenes of crime officer has taken the stand.

Dash stated that he took photographs of GBC’s injuries at 12:45pm in the interview room set up for photography on 20th April, 2012, GBC smiled slightly in the  photographs.  Photos taken of hands without visible injuries, photo of GBC’s palms of his hands, with a cut on the right of the palm.

 

Senior Sergeant Ewen Taylor has been recalled to the stand (Taylor appeared last week).

Photos of the inside of the Captiva, taken at Taylor’s direction, are being shown.

Photos of the main bathroom are being show.

Photos of the rear patio area of the house, the windows, and door frames are covered in fingerprint dust.

Taylor, on a professional basis has interacted with Dr Gordon Guymer who examined the plant species at the GBC Brookfield Road house and at Kholo Creek.

Photos of the rear garden area of the house.

Taylor stated that the family cars were both towed on 21st April, 2012 to be forensically examined.  Taylor attended Kholo Creek with a hydrologist to be shown where Allison’s body was found.

Inside the house was examine for blood and other  physical evidence, without success.  There weren’t any “obvious” signs of cleanup inside the house or signs of cleanup inside the car.

Defence asked Taylor if there was any botanical evidence taken from the car.

A photo is being shown of the back of the Captiva, in the boot area where the third row of seats of fold down.  There are baskets of toys sitting in the back.  A vacuum was used to collect any evidence from the car.

A photo of t he Captiva without the baskets of toys is being shown.

A photo is being shown of the rear driver’s side seat with the seat upright, the rest are folded down.

Senior Sergeant Taylor has been excused.

 

Senior Constable Carl Streeting, a scientific officer, has taken the stand.

Streeting tested the sinks, taps and vacuum cleaner for blood.  There wasn’t any blood on the vacuum brush.

The carpets were dirty with numerous stains but without blood.

There was  stain on a towel hanging over the shower that was positive for blood, it was sent to be tested further.

Kitchen taps gave a positive reading, most kitchen taps would show positive readings as the chemical reacts to bleach and rust.

Positive reading means that they will swab for blood

The bathrooms showed positive readings as did the sinks, all were swabbed for blood.

GBC’s razor did NOT give a positive reading for the presence of blood.

The Captiva was examined for blood, where the third row of the seats fold down, blood can be seen running down the side.

This is “transfer blood stain” from an object or a person who has come in contact with the surface and transferred the blood

There is a second “flow rivulet” of blood in the same area.

The defence will now cross examine Streeting.

The defence asks if it is possible to date how long the blood has been there.

The prosecution asked Streeting  if blood will degrade over time., Streeting responded, “yes”.

 

Sergeant Anthony Venardos, a scenes of crime officer takes the stand.

Sergeant Venardos took photos of GBC’s scratches and injuries on 21st April, 2012.

Photos of scratches on GBC’s face.

Photos of two vertical  scratches on the lower part of GBC’s neck.

Photo of large red graze-like mark on GBC’s chest.

Sergeant Venardos said that he and other detectives wearing coverall outfits, hairnets and boot covers attended Kholo Creek, they found a well used path down to the bridge.  Sergeant Venardos said that they took a path down to the bottom that had not been used much, it was fairly steep, with the embankment being very soft and muddy.  Due to the mud, Sergeant Venardos fell and injured himself, the Water police threw ropes to him and assisted in pulling him out.

The defence is cross examining Sergeant Venardos.

The day had clear weather when Sergeant Venardos walked down the embankment with his camera.

 

Senior Constable Paul Tatters, photographer, has taken the stand.

Tatters photographed GBC on 14th June, 2012.

Photo of GBC with greying hair and beard.  There is a section of beard that has been removed with clippers.  One can still see pink marks where the beard was shaved.

Court adjourned until 10.00am 19th June, 2014

 

 

 

 

 

 

 

 

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Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 

===================================================================-

Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

==============================================================================================

 

.

 

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 5 – 17TH JUNE, 2014 (New Posters Welcome)

Day 5

 UPDATED, AS SOON AS  TO HAND, FROM OTHER DIRECT SOURCES

TUESDAY, 17TH JUNE, 2014.

 

Toni McHugh leaves the Brisbane Supreme Court on Monday night. Picture: Jack Tran

Toni McHugh leaves the Brisbane Supreme Court on Monday night. Picture: Jack Tran

 

Psychologist Dr Lawrence Playfair Lumsden  advised that there was “absolutely zero” chance Allison was a suicide risk.

Ms Nutting said  there wasn’t any suggestion Allison was experiencing suicidal thoughts.

Ms Richie said GBC told her about his achievements, she didn’t recall him mentiioning his children.

 

Toni McHugh has returned to the witness box for cross examination by Michael Byrne QC.

 

She was having an affair with the accused between 2008 and 2012.

“You’d been through a tumultuous period after the break … and after about three months he contacted you and you met. You knew that Allison had almost immediately started working in the business and he told you that he wasn’t going to leave his wife Allison,” Mr Byrne said.

“Not at that time,” Ms McHugh replied.

Mr Byrne: “He told you that.”

Ms McHugh: “He did tell me that.”

Mr Byrne: “But he said words to the effect that ‘one day we will be together’.” in December, 2011, but nothing ever changed to make that happen.

Ms McHugh: “That’s correct.”

Mr Byrne: “That’s not different from what happened from 2008 onwards.”

Ms McHugh: “Correct.”

Mr Byrne: This is the pattern that’s been going on for years?”

Ms McHugh: “It would appear so, yes.”

 

The jury saw a text between TMcH and  Bruce Overland  sent on February 20, 2012, TMcH said that she was sick of “being second best”.

“Why should I believe things are going to be any different than the past?”

It was another example of Baden-Clay “talking the talk”.

“Angry, um, frustrated, yeah… I was getting on with my life and he was getting on with his and that was an agreement with an intention to be together,” she said.

She was frustrated so hung up on him.

 

Mr Byrne has suggested TMcH was delusional about the future of the relationship between herself and GBC

“You remained optimistic about this relationship going further, correct?” Mr Byrne asked.

“Correct,” Ms McHugh replied.

 

GBC sent TMcH an email in early April 2012 promising that he would be separated by July 1

“In retrospect this is him talking the talking with you, but nothing happened,” Mr Byrne said.

TMcH reluctantly agreed.

“You’re nodding your head,” Mr Byrne said.

TMcH sighed loudly and said, “Yes.”

 

“I always left things to Gerard,” TMcH said.

“Of course you did, and nothing ever happened, did it?” Mr Byrne said.

“No,” TMcH replied.

 

Mr Byrne said: “He seemed to be getting on  without you.”

“We had a long relationship that was based on love and respect for each other, it was fraught with some differences, our children were our priority so Gerard was a part of ending that relationship from my point of view, I had very strong feelings of attachment to Gerard and I wasn’t going to remain in that marriage with Rob, I couldn’t,” she said.
10:40am: Mr Byrne turned his questioning to TMcH’s last meeting with Mr Baden-Clay.

At mention of this Ms McHugh broke down in the witness box, putting her head in her hands and crying.

 

10:51am: Before their final meeting at Fortitude Valley TMcH was told by police that GBH had had affairs.

The defence suggested TMcH googled the women to find out about them.

“I knew of these women, I didn’t need to do Google searches,” she said.

“I knew one more than the other.”

 

The 31st witness, Dr Nicholas Burke, is giving his evidence via phone.

He said Allison discussed that she’s been having premenstrual mood swings,” Dr Burke said, reading from medical records.

“And a prescription was written to that effect, that Zoloft be increased from 50mg to 100mg “said Dr Burke

 

Dr Burke said he assessed Mrs Baden-Clay in October 2011 soon after she discovered her husband’s affair.

Dr Burke works at the Kenmore Clinic on Moggill Rd and has done so for over three years.

Allison attended the clinic between 2011 and March, 2012

Allison presented with low mood and anxiety, but she was quite resilient and displayed a high degree of insight into her mental illness and was very organised through their consultations

“My opinion was that she wasn’t at a high risk of suicide,” Dr Burke said.

“As far as I’m reading to the notes it seems to be they we related to her menstrual cycle,” he said..

Dr Bourke  consulted with Allison in May, August, September and October, 2011.

He wanted to restart Allison on Zoloft medication on a dosage of 50mg.

Dr Bourke said he referred Allison to a psychologist  in August 8, 2011.

A mental health plan was completed and Allison scored 18/50 on an indicative test for distress or depression, which indicated “there was not a significant level of distress at that appointment”.

Allison said that GBC was having an affair, that had been ongoing for three  years, and that she was distressed and requested a referral to a relationship counsellor.

Dr Bourke said Allison also requested an STI check.

Dr Bourke said he discussed increasing Ms Baden-Clay’s Zoloft medication from 50 to 100mg each day.

“My impression of her depression was it was a relapsing … course over a number of year and this was, if you like, a routine flare-up when perhaps acute stress came along,” he said.

“My impression was this was a flare-up of her usual depressive illness over a number of years.”

He said his opinion was Ms Baden-Clay was not a high risk of suicide.

“I felt that she showed from that first consultation, even prior to the final consultation discovering her husband’s infidelity, she had a high level of resilience and had good insight,” Dr Bourke said.

Dr Bourke said Zoloft was a common “re-uptake inhibitor” anti-depressant, The anti-depressant  increased the levels of a neuro-transmitter called serotonin in the brain.

He said she had never discussed feeling suicidal.

Dr Bourke agreed people could mask an depression.

“It’s possible,” he said.

Dr Burke has been excused.

 

Psychologist Dr Lawrence Playfair Lumsden from Life Resolutions at Kenmore has been called to the stand.

The 35th witness in the trial is Life Resolutions psychologist Dr Lawrence Playfair Lumsden.

An appointment was made with Allison  to discuss her relationship with her husband on December 9, 2010.

Dr Lumsden said he administered a depression, anxiety and distress scale test if Ms Baden-Clay registered any symptoms of mood adjustment.

“Her test showed that her depression, anxiety and distress levels were absolutely normal,” he said.

Dr Lumsden said there was “absolutely zero” chance she was a suicide risk.

“She spoke about the post-natal depression but also the other issues that she’d had around depression since the time of their marriage,” he said.

“She discussed the depression as being in the past … I was so impressed that I actually hoped to encourage her fourth-year studies and come and work with me.”

Dr Lumsden said Allison told him she was teaching resilience courses at the Brookfield school.

He consulted with  GBC on 14th December 2010, 21st December, 2010 and 18th January, 2011.

Dr Lumsden said the GBC’s test results were normal although his stress levels were slightly elevated.

GBC told him about his relationship with his wife.

“In the statement it says that GBC said he wanted to leave his wife, that’s a simplification,” he said.

“The question of the future of the relationship was very complex and clearly if it had been a simple, straightforward matter of one relevant party saying this isn’t going to work, I want to move on, they would have done it.”

“It wasn’t simple and so we were exploring different options about identifying exactly what needed to be done in terms of the long-term future of the relationship and alternative ways in which disengaging could have taken place.”

GBC did not discuss his affair,  it was not unusual for clients not to tell him about  their affairs.

“He saw me three times. We explored options, clearly there was a lot of work to do,” he said.

“I think people at that stage were stuck between the dichotomy of staying or going and we weren’t making any progress on that so we were looking at other ways of giving each other a bit of space,” he said.

 

Psychologist Elizabeth Nutting is giving evidence by phone.

Allison and Gerard were seen in late 2011 during three counselling sessions.

Ms Nutting took notes  during their first session on 13 October, 2011.

GBC said,  “‘I’m black and white on some things … my actions are not who I am. I don’t believe in depression being an illness. I believe people can snap out of it’,” Mrs Nutting said reading her notes.

“He said, ‘I’m the problem. We had a plan. I was trapped’. He said he wanted to fix it. He said he felt a failure because he couldn’t fix it.”

“She appeared to me to be a very responsible mother. I’ve got written here that she was very close to her children,” Ms Nutting said.

Ms Nutting said Allison was “quite impacted” by GBC’s affair.

“She was quite impacted by them. She wanted to keep the marriage. She knew that the marriage hadn’t been good, but she wanted to pick up the marriage. She had every hope that that would happen.”

“She said that she’d been lonely for the past four years. She said she needed a hug from someone. She said she thought about the woman that Gerard was having a relationship with, an affair with, and when she thought about that, she took a step back from the relationship and one of the things she wanted to do was to push through, like she had pushed through in her ballet lessons and her ballet performances. She just felt it was all unfair.”

“She was having flashbacks of seeing Gerard’s girlfriend’s car at the gym. I felt that this might have been holding her back from recovering and from the relationship recovering. So I really wanted to do some work with her about the trauma and the flashbacks.”

Ms Nutting said: “GBC said, ‘I don’t want to burden you,’I’ve had three years of emotional stress.'”

Ms Nutting said she saw no signs that Mrs Baden-Clay was suicidal.

“Had I picked up on that I would have contacted her doctor”.

“Allison took on that she wasn’t good enough for Gerard,” Ms Nutting said.

Under questioning from the defence,  Ms Nutting described Mr Baden-Clay as a “caretaker”.

“He certainly wanted her to be fit. He didn’t want her having those flashbacks,” she said.

“I don’t know, maybe he was feeling guilty, I don’t know.”

Ms Nutting has been excused.

 

Counsellor Carmel Ritchie from Relationships Australia has been called to the stand.

Ms Ritchie saw both Allison and GBC on 16th April, 2012, just three days before Allison’s disappearance.

Ms Ritchie first saw Allison for a counselling session on 27th March, 2012.

Reading from her notes, she said Allison said: “I’m feeling inadequate, not good enough, I believe I let it happen. Gerard’s way is the right way. Gerard has had an affair for the last three years. Parenting – Gerard criticises me. I fear one day he will leave.”

“When I asked her what she wanted from counselling, she said, ‘to work on me, to sort lots of issues, especially parenting’.”

Ms Ritchie said she asked Mrs Baden-Clay to describe herself:

“I am a mother of three girls, 10, 8 and 5. I work with my husband in a real estate agency four days a week and at that particular time she said she had worked for the past six days running. She lived in the United Kingdom in ’98 and ’99 and 2000,  she was a ballet dancer and a teacher, a high achiever.  She spoke two languages and had studied psychology at university. When on her honeymoon, she took the drug Valerian as an anti-malarial medication of which she had a very severe reaction, which resulted in depression and psychotic episodes as well as panic attacks in one of her pregnancies.

“She said her husband’s attitude was “get over it”;  however she was in the care of a psychiatrist named Dr Tom George since GBC’s affairs for the last three years.

Allison surprised GBC with the question  on their wedding anniversary, “What’s wrong with us?” Ms Ritchie said.

GBC said, ” I’ve had enough, I want to leave”

GBC has very high expectations of the girls and of Allison, who never felt good enough

 

Ms Ritchie then read her notes from her counselling session with GBC in April, 2012:

“GBC said ‘Allison does not trust me. She questions me. She says yes, when she means no. I used to blame Allison for disappointments in my life,” Ms Ritchie said.

“Then I asked Gerard what he hoped to gain from counselling.

GBC said,”‘I want to build a future together, not regressing, I want to get on with life and wipe it clean”.

Ms Ritchie said tried to convince Gerard  to spend 10 minutes every second night with Allison listening to her speak about her feelings about the affair for most of the session.  GBC was very resistant, claiming this would be “regression”.

“I was trying to convince him of the necessity of what I was suggesting,” Ms Ritchie said.

“Allison was replying to something that Gerard had said and she repeated those words, ‘I am over the moon that you have spent this time’.

Ms Ritchie is now under cross-examination from Mr Baden-Clay’s defence counsel Michael Byrne QC.

GBC told her about his achievements, but could not remember if he spoke about his children.

“I think had Gerard mentioned his children, I would have put that down, because that was important to me. When I ask Gerard about who he is I would hope that we would mention his relationships”.

Mr Byrne asked: “But he said he wanted a future with Allison?”

Ms Ritchie replied: “Yes, he did.

Ms Ritchie has been excused

 

The court is now listening to the triple-0 call Mr Baden-Clay made on the morning he reported his wife missing.

The call was made at 7.15am.

http://www.thechronicle.com.au/news/baden-clays-mistress-delusional-about-relationship/2291652/

 

Constable Kieron Ash has been called to the stand. He was one of two police officers to attend the family home when Allison disappeared.

Constable Ash said he arrived to find GBC wearing a light pink striped shirt, suit pants and cufflinks.

He also noticed GBC’s scratches on the right side of his face.

Crown prosecutor Todd Fuller QC showed Constable Ash a photograph of the scratches on Mr Baden-Clay’s face.

“On the morning, they were redder and the skin was raised,” Constable Ash said.

Constable Ash said he tried to find Allison’s mobile phone.

He searched her handbag and then searched the Baden-Clay’s two vehicles.

He did not find the phone, but did find a small EMPTY box of anti-depressant tablets in the centre console of the their Captiva. The tablets had been prescribed to Alliison.

Defence counsel suggested Constable Ash “believed something untoward had happened” after arriving at the house.

“At that point, being a police officer and a first response police officer, I thought it possible that perhaps domestic violence had taken place,” Constable Ash said.

Mr Byrne asked: “You didn’t see any sign of a struggle?”

Constable Ash replied: “No.”

My Byrne said: “You thought there might be blood and you found none.”

Constable Ash replied: “Yes, I saw no traces of blood.”

Constable Ash has been excused.

 

Constable Liam Braunberger has been called to the stand.

Constable Braunberger said he took details about Allison from GBC after he arrived at Indooroopilly police station on 20th April, 2012, he asked GBC whether his missing wife would have any access to money to which the reply was, “on the bones of their arse”, Constable Braunberger told the court.

Constable Braunberger has been excused.

 

Sergeant Andrew Robert Jackson has been called to the stand.

He said he arrived at the Baden-Clays’ house at 8.34am on 20th April,, 2012.

Sergeant Jackson said he met GBC on the front stairs and immediately noticed lacerations on his face.

“Their appearance to me was that they were slightly jaggered and the wound to me was quite recent in that it was very moist it wasn’t scabbed up at all,” Sergeant Jackson said.

The jury heard a recoding of a conversation between GBC, Sergeant Jackson and Senior Sergeant Narelle Curtis.

“What is her state of mind?” Senior Sergeant Curtis asked.

GBC said: “As I was discussing with the constable before, it’s been pretty good, she does have a history of depression. It has been managed with medication.”

Senior Sergeant Curtis asked whether Allison was taking her medication.

GBC said, “We haven’t really discussed it for a long time.”

Senior Sergeant Curtis: “Basically you and your wife are estranged.”

GBC said, “No.”

Senior Sergeant Curtis: “You’re not estranged.”

GBC said, “No.”

Senior Sergeant Curtis: “There’s no indication that you’re marriage is going to break up?”

GBC said,”I hope not.”

GBC  then advised that he wanted to speak in private. The officers asked Mr Baden-Clay’s sister Olivia Walton to step outside. Mr Baden-Clay then told them about his affair.

“Obviously that has put a strain on the relationship, but we’re working through it and in fact we went and saw a counsellor on Monday,” he said.

The recording was stopped once the officers began to question Mr Baden-Clay about what his wife may have been wearing that morning.

The court has adjourned. It will resume tomorrow at 10am.

 

 

 

 

 

 

 

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Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

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Any possible copyrighted material included is property of their rightful owners, no copyright infringement is intended.

 

 2014 All Rights Reserved

 

 

Gerard Baden-Clay Murder Trial – Day 4 – 16TH JUNE, 2014 (New Posters Welcome)

Day 4

 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.

Gerard Baden Clay.

 

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.”

 

Toni McHugh, Gerard Baden-Clay’s mistress. 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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Allison Baden-Clay disappearance in pictures:

 http://www.heraldsun.com.au/news/photos/photos-e6frf94x-1226340478293?page=26

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Any possible copyrighted material included is property of their rightful owners, no copyright infringement intended.

 2014 All Rights Reserved

 

 

A Nice Chat from 15th March, 2014

A Nice Chat

Gerard Baden-Clay DAY 2 Pre-Trial Hearing 4th February, 2014

Pre-Trial Hearing – Tuesday, 4th February, 2014 at 10:00am

Allison Baden-Clay

A relationship counsellor has given evidence at the second day of the Brisbane pre-trial hearing for accused wife murderer Gerard Baden-Clay.

Baden-Clay has pleaded not guilty to killing his 43-year-old wife Allison in April 2012 and interfering with her corpse.

Her body was found under the Kholo Creek Bridge at Anstead, 10 days after she disappeared from the family home at nearby Brookfield.

Carmel Ritchie from Relationships Australia told today’s hearing that saw Mrs Baden-Clay a month earlier.

Ms Ritchie told the Supreme Court that the mother of three told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

She said Mrs Baden-Clay was “over the moon” that her husband had agreed to come to her second counselling session in April, three days before she disappeared.

Ms Ritchie also said Mrs Baden-Clay spoke of her husband’s affair with an employee, how she had confronted him when she found out, and that he was now honest and taking responsibility.

Ms Ritchie also spoke of a separate counselling session with Gerard Baden-Clay where they discussed his affair with an employee.

He told her Allison did not trust him, she questioned him, she said yes when she meant no.

Baden-Clay, a former real estate agent, is due to face trial in June.

Source:

http://www.abc.net.au/news/2014-02-04/counsellor-testifies-at-baden-clay-pre-trial-hearing/5237536

Gerard Baden-Clay Pre-Trial Hearing 3rd February, 2014

Pre-Trial Hearing – Monday, 3rd February, 2014 at 10:00am

justice-peter-applegarth

Justice Peter Applegarth – Adelaidetimes.com.au

10.00 am Court – 3rd Floor, Court 3, Supreme Court, 415 George Street, Brisbane
GBC looked healthy, sitting in front of the public gallery behind thick glass with the Lawyers, Barristers and Judge in front.  GBC was suntanned with a short haircut, and a good weight.  He was wearing a nicely fitting suit and looked very smart.  At the beginning of the Pre-Trial, he was fiddling just a little, and drinking some water out of a paper cup.
I couldn’t see any family that I know from photos at all, there was a couple with their friend in the gallery with us, whom I thought looked like Allison’s side of the family.  When the evidence was discussed on what was done to poor Allison, the poor lady left, looking very upset, she then returned.  She and her husband held onto each other as they listened.
GBC’s Defense, in a very professional and conversational tone, interacted with the Judge, as if they were long time business partners who respected each other, immensely.
Justice Applegarth was giving GBC’s Defense every opportunity and scope to put forward their case in a fair manner.  First on the Agenda was the possibility of a Non-Publication Order.
GBC’s Defense was of course, adamant, that the media, blogs, and pre-conceptions of the general public, if any of the information from today was made public, will not allow the possibility of GBC having a Fair Trial.
Justice Applegarth was reluctant to give permission of a Non-Publication Order due to favouring Open Justice to allow a Fair Trial.  GBC’s Defense said that the problem is, is that there is repetition in the public domain and that there is already information in the media that should not be available.  The Judge asked if the evidence is self prejudicial and suggested that publicizing GBC’s case, in the proper manner, will then not be speculative to take the public’s attention.
Justice Applegarth also did comment that a lot of time has passed since GBC’s last court appearance, which would lessen the public’s interest with regard to the Jury Pool, as well as contempt, as long as they didn’t expose themselves to the general media, “memories are shorter” he stated.  GBC’s Defense politely disagreed.
10.25 am
GBC is reading his black folder that was on the chair on the other side from where he was sitting, and not watching his Defense interact with the Judge.
The people whom I thought may be Allison’s relatives, to my observation, where placed so that they could watch his every movement, so my supposition is that he was keeping himself busy due to being watched, from his right hand side.
In the end Justice Applegarth wrote an order that does not preclude fair and accurate reporting.
NEXT ON THE AGENDA
Justice Applegarth said that the evidence should be heard in open court.  He then raised the subject of insect bites, scratches, and marks and that Dr Milne will be on the stand shortly.
Mr Boyle for the Crown then stood to address Judge Applegarth.  Mr Boyle stated that the case is mainly circumstantial evidence and that they have to try to assess the probability of fact.
Justice Applegarth said that the Crown is to prove that Allison did not suicide, beyond a reasonable doubt.
GBC did not flinch or move a muscle of emotion.
Mr Boyle said that due to a weakness of evidence, this is not grounds for exclusion.  Evidence may inflame a jury with regard to the context of a circumstantial case.  He then referred to the Sika case.
Dr Milne, Court Approved Forensic Pathologist, called to give evidence.
On 1st May, 2012 there was a Post Morten exam of ABC and an Autopsy Report.
GBC reading his folder.
There are three possible injuries:
Cause of death – Subdural Hemorrhage (bleeding to the brain) as a possible injury.  Post Mortem changes make findings difficult.  When the brain was examined, it was grey on the surface, the nature of the material could not be determined; what is in evidence could be due to Post Mortem changes.  If there was an injury – blunt force trauma – from object or a surface.  This is a probability.
GBC listening and not moving
Subdural hemorrhage is a possibility, which can be most likely cause of death if there was a blunt force injury, one can expect an injury to the scalp and face, or laceration.  Due to Post Mortem changes, Dr Milne couldn’t assess.
There wasn’t a scull fracture from the CT scan; however, you don’t need a fracture for a Subdural Hemorrhage.
Other possible injury – Chest
Looking inside the sternum of the chest wall at the soft tissue and ribs, there wasn’t a rib fracture, there was most likely a hemorrhage from death or after death.
GBC reading his folder the entire time
Other possible causes are:
Smothering
Strangulation
The Defense asked Dr Milne if he would expect other injuries to be associated with the above.  Dr Milne said that if ABC was conscious, scratches and injuries will be seen inside the mouth and internally to the neck and face.  He said that he couldn’t assess the soft tissue at Post Mortem.  The neck wasn’t fractured if strangulation was attempted, although it is possible to be strangled without bone damage.
IN SUMMARY FROM GBC’S DEFENSE:
“The cause of death is unable to be determined?”
Doctor Milne said, “Yes.  There was a CT Scan which is an X-Ray investigation through a small tunnel creating images of the body and bone from different sections to see what is going on visibly.  The CT scan is State of the Art.  Images run through the body at 2mm and through the head and spine at 1mm.”
GBC’s Defense:  “Despite that, no cause of death, no definite injuries identified; however, you said that insect larvae in tissues raises the possibility of pre-injury.  Possible injuries to chest wall and the chipped tooth could be older.  Subdural Hemorrhage, if a true injury, indicates a blow to the head with force”.
Dr Milne said, “I can’t say if true or not”.
GBC’s Defense:  “Decomposition couldn’t confirm the possibility of Subdural Hemorrhage, “Possibility” is as high as it gets.  Chipped tooth and jaws may or may not be recent.  If recent, impact would be to the mouth with a mild force.  No obvious signs of trauma which may or may not be of origin.  Can’t be said recent or not recent.  Bruising inner chest wall if true injury impact, is probability of mild force.
GBC reading his folder
OTHER CAUSES OF DEATH
1.  GBC’s Defense: “Smothering and strangulation are possible with no supporting evidence if there was smothering or strangulation, there would be an injury from the hands, sheet or towel.  There weren’t any fractures?”
(GBC watching Doctor and drinking water)
Dr Milne:  “Depends on nature of strangulation, there wasn’t any physical evidence to support it”.
GBC’s Defense, “Doctor is speculating without evidence”.
“There was a possible injury to the chest wall.  Level of certainty to bruise, more than likely a bruise, rather than after Post Mortem.  This couldn’t be confirmed microscopically.”
GBC a bit flushed
GBC’s Defense then stated to Justice Applegarth after Dr Milne left, that his evidence is inadmissible.  He went on to quote other cases at great length to support his defense, i.e. prejudicial cases heard previously due to possibilities that the evidence will be of intense prejudicial value of speculation of causes from the Jury, so it is inadmissible.
GBC watching and listening, showing more interest, with a slight patina of sweat over his face.
GBC’s Defense stated that the highest of Dr Milne’s opinion for the Jury is a, “Possibility” so the above should be excluded.  Justice Applegarth said that the bruise will undercut the Suicide Theory.
Court adjourned.
Author’s note:  I noted when in Court, that the worms and larvae were not dwelled upon but glossed over. The Crown said very little, only their short statement. 
 2014 All Rights Reserved
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