alioop
Verified Attorney (AU)
- Joined
- Jul 19, 2012
- Messages
- 2,132
- Reaction score
- 4
I have gone through my notes from yesterday's court hearing and thought I would post the interesting bits even though most have been mentioned now either by myself or MSM. I haven't seen any court documents, I have only heard the judge and the lawyers discuss those documents.
Most of the affidavits filed by the defence were by supporters of GBC to say they would provide surety, $800,000 in total, for his bail if it were to be granted. Some names were mentioned but they weren't names I had heard of and see no need to post.
The defence's argument for a change in circumstances which they had to show to get bail, was that on examination of the prosecutions brief of evidence , it showed evidence that Allison committed suicide. Peter Davis submitted that there was a solid hypothesis consistent with suicide. The judge asked him if he advanced the theory of suicide before Judge Boddice ( the judge that heard the first bail application) . Peter Davis said no, it has only come about because of the evidence given to them by the prosecution. The judge asked him to walk him through the evidence that supports the suicide theory. The judge also said that whether this evidence is a material change of evidence needs to be looked at.
Peter Davis then discussed the autopsy report by the coroners office. The judge said that he understood that that Judge Boddice was told the cause of death was undetermined through autopsy. Allison's body was found in a purple singlet incorporating a bra, dark 3/4 length pants and a light coloured jumper which one arm was slightly out of the sleeve. She was wearing sneakers.
A Mr Cowley made a statement to police that at 5.30 am he was driving with his headlights on to his neighbour in Boscombe Rd. He saw a lone woman walking and thought something was unusual and that she wasn't ok. He described her as wearing bike pants. The judge said he didn't mention a light coloured jumper. Peter Davis said well she may have had it tied around her waist and he didn't see it. Peter Davis said this woman has never come forward and that there is no other statement where this woman was seen.
The judge then asked what is the defences theory where the suicide took place. Peter Davis then made submissions about toxicity pointing to the likely cause of death. The judge read out the wording in the autopsy report and said that it says toxicity can't be excluded as a cause of death. Peter Davis said that no other cause of death was identified and that the levels of metabolites in her body have found to be fatal in other cases. I think he was referring to the zoloft as i am not sure of the connection between that and the metabolites (DOC CAN YOU HELP EXPLAIN PLEASE). There was mention of .2mg of metabolite.
The judge said the pathologist can't tell much due to the state of decomposition of the body. Peter Davis said they did a full body, head to toes cat scan of the body and only found a chipped tooth. The judge said we have a wide range of possible causes of death. Peter Davis said the onus is on the prosecution to exclude all reasonable hypotheses and in the pathology report there are levels of zoloft which are capable of killing Allison. He said his submission is that there certainly a possibility that she died of an overdose.
The judge said on the suicide theory coupled with what you make of Mr Cowley's repot, Mrs Baden- Clay possibly walked from where Mr Cowley says he saw her to where she was found. Peter Davis said she may have walked or got a lift with someone who hasn't come forward. He said there is no suggestion his client forced those drugs on her. The judge replied "Well not yet"
Peter Davis submitted the prosecution case is that force applied to her caused her to bleed and GBC took her in the captiva. The judge said the scratches on your client's face doesn't suggest suicide. Peter Davis replied maybe not but its just one piece of evidence.
Peter Davis submitted that the next thing re the suicide theory is seen in the notes Allison left in her diary. He referred to them( though no dates were mentioned but i presume they were recent notes) and mentioned she says she was scared he was going to leave her and she didn't want to be alone. He said that part of the prosecutions case is that it is alleged that his clients affair with Toni McHugh is motive for murder. If one looks at Allison's remarks in diary, the affair with Toni McHugh looks consistent with the suicide theory.
The Judge said that Mrs Baden- Clay knew of the affair for a long time and hadn't suicided and the things you have taken me to doesn't indicate she wanted to end her life, just someone who is upset. Your client and his wife had difficulties for years.
Peter Davis said yes and there was some catalyst that caused her death inferring by suicide. Judge said, "or your client killing her".
Peter Davis submitted that there were empty packets of zoloft found in her car and in the carport and someone else that I didn't catch. The judge said if i was on blood pressure medication I might have packets in my car.Peter Davis said her doctors notes record her as having severe mood swings and increased her zoloft from 50 mg to 100mg. ( it wasn't said when this increase occurred)
The judge said he doesn't accept diary notes indicate suicide. Peter Davis said " Well she is dead and with a high level of zoloft in her"
The judge asked when your client spoke to the police did he say at any times that she threatened to commit suicide. Peter Davis replied No and that there was no suicide note. Peter Davis repeated there are fatal levels of her own prescription drugs in her body and she is an a creek deceased. The judge said so she either walked or hitched a ride for the 14 kms to get to the creek. He said on the murder theory she died at home and on the suicide theory she walked 14 kms
Part 2 to come . Stay tuned.
Most of the affidavits filed by the defence were by supporters of GBC to say they would provide surety, $800,000 in total, for his bail if it were to be granted. Some names were mentioned but they weren't names I had heard of and see no need to post.
The defence's argument for a change in circumstances which they had to show to get bail, was that on examination of the prosecutions brief of evidence , it showed evidence that Allison committed suicide. Peter Davis submitted that there was a solid hypothesis consistent with suicide. The judge asked him if he advanced the theory of suicide before Judge Boddice ( the judge that heard the first bail application) . Peter Davis said no, it has only come about because of the evidence given to them by the prosecution. The judge asked him to walk him through the evidence that supports the suicide theory. The judge also said that whether this evidence is a material change of evidence needs to be looked at.
Peter Davis then discussed the autopsy report by the coroners office. The judge said that he understood that that Judge Boddice was told the cause of death was undetermined through autopsy. Allison's body was found in a purple singlet incorporating a bra, dark 3/4 length pants and a light coloured jumper which one arm was slightly out of the sleeve. She was wearing sneakers.
A Mr Cowley made a statement to police that at 5.30 am he was driving with his headlights on to his neighbour in Boscombe Rd. He saw a lone woman walking and thought something was unusual and that she wasn't ok. He described her as wearing bike pants. The judge said he didn't mention a light coloured jumper. Peter Davis said well she may have had it tied around her waist and he didn't see it. Peter Davis said this woman has never come forward and that there is no other statement where this woman was seen.
The judge then asked what is the defences theory where the suicide took place. Peter Davis then made submissions about toxicity pointing to the likely cause of death. The judge read out the wording in the autopsy report and said that it says toxicity can't be excluded as a cause of death. Peter Davis said that no other cause of death was identified and that the levels of metabolites in her body have found to be fatal in other cases. I think he was referring to the zoloft as i am not sure of the connection between that and the metabolites (DOC CAN YOU HELP EXPLAIN PLEASE). There was mention of .2mg of metabolite.
The judge said the pathologist can't tell much due to the state of decomposition of the body. Peter Davis said they did a full body, head to toes cat scan of the body and only found a chipped tooth. The judge said we have a wide range of possible causes of death. Peter Davis said the onus is on the prosecution to exclude all reasonable hypotheses and in the pathology report there are levels of zoloft which are capable of killing Allison. He said his submission is that there certainly a possibility that she died of an overdose.
The judge said on the suicide theory coupled with what you make of Mr Cowley's repot, Mrs Baden- Clay possibly walked from where Mr Cowley says he saw her to where she was found. Peter Davis said she may have walked or got a lift with someone who hasn't come forward. He said there is no suggestion his client forced those drugs on her. The judge replied "Well not yet"
Peter Davis submitted the prosecution case is that force applied to her caused her to bleed and GBC took her in the captiva. The judge said the scratches on your client's face doesn't suggest suicide. Peter Davis replied maybe not but its just one piece of evidence.
Peter Davis submitted that the next thing re the suicide theory is seen in the notes Allison left in her diary. He referred to them( though no dates were mentioned but i presume they were recent notes) and mentioned she says she was scared he was going to leave her and she didn't want to be alone. He said that part of the prosecutions case is that it is alleged that his clients affair with Toni McHugh is motive for murder. If one looks at Allison's remarks in diary, the affair with Toni McHugh looks consistent with the suicide theory.
The Judge said that Mrs Baden- Clay knew of the affair for a long time and hadn't suicided and the things you have taken me to doesn't indicate she wanted to end her life, just someone who is upset. Your client and his wife had difficulties for years.
Peter Davis said yes and there was some catalyst that caused her death inferring by suicide. Judge said, "or your client killing her".
Peter Davis submitted that there were empty packets of zoloft found in her car and in the carport and someone else that I didn't catch. The judge said if i was on blood pressure medication I might have packets in my car.Peter Davis said her doctors notes record her as having severe mood swings and increased her zoloft from 50 mg to 100mg. ( it wasn't said when this increase occurred)
The judge said he doesn't accept diary notes indicate suicide. Peter Davis said " Well she is dead and with a high level of zoloft in her"
The judge asked when your client spoke to the police did he say at any times that she threatened to commit suicide. Peter Davis replied No and that there was no suicide note. Peter Davis repeated there are fatal levels of her own prescription drugs in her body and she is an a creek deceased. The judge said so she either walked or hitched a ride for the 14 kms to get to the creek. He said on the murder theory she died at home and on the suicide theory she walked 14 kms
Part 2 to come . Stay tuned.
