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  1. #1
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    Gerard Baden Clay's murder appeal

    Gerard Baden-Clay murder appeal: DPP Tony Moynihan for prosecution

    February 28, 2015

    QUEENSLAND’S top prosecutor will take charge of Gerard Baden-Clay’s appeal, as the former Brisbane real estate agent serves his time without contact with his daughters.

    Director of Public Prosecutions Tony Moynihan will replace senior Crown prosecutor Todd Fuller for the appeal, expected within the next two months

    Baden-Clay, a former western suburbs real estate agent, has not seen his three daughters since being convicted in July last year of the murder of his wife Allison. He was sentenced to life in prison.

    He has also been barred from contacting the girls as he spends his days at Wolston Correctional Centre.

    Baden-Clay, 44, will also change his legal representation for the appeal against his conviction. Barrister Michael Copley QC will take over from his trial barrister Michael Byrne QC.

    http://www.couriermail.com.au/news/q...-1227242096162

  2. #2
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    Gerard and Allison Baden-Clay's daughters unable to access life insurance

    The three young daughters of slain Brookfield woman Allison Baden-Clay remain unable to access their mother's two life insurance policies while their father exhausts his legal avenues to attempt to overturn his murder conviction.

    Federal Court Justice Andrew Greenwood ordered the release of the second of Mrs Baden-Clay's life insurance policies on Thursday, which the court had held in trust since early 2013.

    The dual policies have a combined total value of nearly $800,000.


    http://www.brisbanetimes.com.au/quee...27-13qsiw.html
    JMHOO

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  3. #3
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    Baden-Clay's life insurance claim denied

    Slain Queensland mother Allison Baden-Clay's life insurance payout will go to her family, not the husband who murdered her, a court has confirmed.

    On Thursday, the Federal Court ordered the sum of Allison's TAL Life Limited policy - worth more than $412,000 in 2013 - be paid to the trust of solicitors representing her father, the estate's executor.

    The policy was jointly held by Allison, 43, and her husband, Gerard Baden-Clay.

    Baden-Clay, 44, tried to claim the insurance shortly after his wife's body was found on a creek bank at Anstead in Brisbane's west in April 2012.

    After he was charged, the Federal Court became involved and froze the funds pending the outcome of criminal proceedings.



    http://www.skynews.com.au/news/natio...im-denied.html
    JMHOO

    Chemo a day keeps the funeral away
    ET go home

  4. #4
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    Appeal to be heard within the next 2 months. So is the insurance payouts irrespective of the appeal outcome???

    Wonder why all the change of legal eagles. Maybe Allioops could advise us as to why and +'s and -'s of this from both sides.

    http://www.couriermail.com.au/news/q...-1227242096162
    It is not wisdom but Authority that makes a law.
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  5. #5
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    Quote Originally Posted by marlywings View Post
    Gerard Baden-Clay murder appeal: DPP Tony Moynihan for prosecution

    February 28, 2015

    QUEENSLAND’S top prosecutor will take charge of Gerard Baden-Clay’s appeal, as the former Brisbane real estate agent serves his time without contact with his daughters.

    Director of Public Prosecutions Tony Moynihan will replace senior Crown prosecutor Todd Fuller for the appeal, expected within the next two months

    Baden-Clay, a former western suburbs real estate agent, has not seen his three daughters since being convicted in July last year of the murder of his wife Allison. He was sentenced to life in prison.

    He has also been barred from contacting the girls as he spends his days at Wolston Correctional Centre.

    Baden-Clay, 44, will also change his legal representation for the appeal against his conviction. Barrister Michael Copley QC will take over from his trial barrister Michael Byrne QC.

    http://www.couriermail.com.au/news/q...-1227242096162
    I was surprised to hear that he had no contact with the girls as I thought that we'd discussed something about access in other threads? Don't get me wrong though, I'm thrilled he's barred from making contact!!
    L K out L K out, there are catterpillars about!

  6. #6
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    The insurance payouts to the estate are still in effect frozen pending the outcome of the appeal. They have just gone from the court to the estate's lawyers trust account. If unsuccessful then the wills nomination of GBC as first named beneficiary is invalid and the girls as substitute beneficiaries under the will, are entitled to the estate. Also Mr Dickie would need to go back to the supreme court to request for his interim appointment as administrator to be changed to a full administrator. The estate inc the insurance monies would be held in trust until each girl turns 18 and can take their share.

    If the appeal is successful, then depending on the outcome likely to be a retrial, it all starts over again. If he was ultimately acquitted then subject to appeals by the prosecution, under the terms of the will he would be entitled to be sole beneficiary. However the Dickies have already got this possibility covered with the girls being separately represented by a litigation guardian ( a lawyer who is excellent by the way) for a claim they have not been adequately provided for in the will, as they would receive nothing directly from the will. Given their fathers financial state and the money he owes, its an excellent claim for an order they receive a big chunk of the estate for their proper maintenance and support.

    As to Todd Fuller not doing the appeal, that's fine and common practice to have fresh lawyers, just like GBC is changing barristers. I am not concerned about the appeal. It's standard practice for murderers to appeal their convictions and they are rarely successful. I think the prosecution and judge handled the trial very carefully knowing they will be subject to appeal on a conviction.


    All in my opinion only

  7. #7
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    Thanks for this Alioop.
    It is not wisdom but Authority that makes a law.
    Thomas Hobbes

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  8. #8
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    Thanks alioop! What are the chances of the appeal being successful? How long does it go for and how long does the verdict take?? God I'm nervous all over again! Sounds like it will be soon but I don't think I've seen a date mentioned yet? Anyone?

  9. #9
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    Chances are very slim would be my guess. It won't take long as it's pure legal argument. A day or two at the most. The decision could take a while, even a few months.


    All in my opinion only

  10. #10
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    That's good to know. Any particular reason? Or are you just confident the judge did everything right and they are hoping for a miracle? Hard to know from my limited legal experience �� if their appeal holds much credence?!


  11. #11
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    An article from last year about the appeal.

    http://www.sunshinecoastdaily.com.au...ction/2321472/


    All in my opinion only

  12. #12
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    Quote Originally Posted by Humdinger View Post
    I was surprised to hear that he had no contact with the girls as I thought that we'd discussed something about access in other threads? Don't get me wrong though, I'm thrilled he's barred from making contact!!
    Yes, I was surprised too, given they'd been visiting him while he was in prison awaiting trial. I guess once they knew they truth of what he'd done, they wouldn't have wanted to know him any more.

    Poor little girls - first they lost their mother, then their father. To think there was a time they would have all adored him. And he threw all that away.

  13. #13
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    http://www.brisbanetimes.com.au/quee...19-gh520v.html

    "The Queensland Court of Appeal has confirmed the year's most hotly anticipated hearing will take place on August 7"

  14. #14
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    Appeal date set for Baden-Clay

    Adam Davies (19th May 2015 3:28 PM)

    http://m.cqnews.com.au/news/appeal-d...-clay/2643647/

    According to documents filed last year the grounds of the appeal include;

    • The verdict of murder was unreasonable and a miscarriage of justice had occurred.

    • The defence claimed the jury should have been, but was not, directed that the presence of the deceased's blood (Allison Baden-Clay) in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributable to an injury sustained to the deceased's body on the evening of April 19, 2012 or the morning of April 20, 2012.

    • Furthermore, the trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant (Gerard Baden-Clay) placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

    • Lastly, the trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.



  15. #15
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