The Crown v Gerard Baden-Clay, 8th July - Trial Day 16

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Mr Byrne said the jury had to decide the verdict on the evidence.

“It is my submission to you in closing that once you have dispassionately, objectively assessed the whole of the evidence you could not and would not find Gerard Baden-Clay guilty of the murder of his wife,” he said.

He said there was no cause of death, no motive able to withstand scrutiny and no realistic means by which it was done.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956
 
Hard to keep up with note taking today in court as Todd Fuller speaks so much faster than Byrne. No chance I'll fall asleep this morning.
 
In the Oscar Pistorius trial, he puts his hands over his head and rocks in his seat when he doesn't want to hear. Then where there is a break, one of his family soothes him by stroking his head and whispers calming words!
He also vomits in a court provided bucket.
 
0.26am: Mr Byrne said the accused was presumed to be innocent and could only be convicted if the prosecution established that he was guilty of the offence charged.

He said the standard of proof was beyond reasonable doubt.

He told the jury if they were left with a reasonable doubt about guilt, it was the jury’s duty to acquit: that is find Baden-Clay not guilty.

Mr Byrne said the accused did not have to give evidence but elected to do so, reliving various matters and exposing himself to cross-examination by experienced Crown prosecutor Todd Fuller QC.

“He attacked Gerard Baden-Clay and you have seen that attack and the responses given,” he said.

Mr Byrne said Baden-Clay told the jury he would never leave his children home alone, let alone in the middle of the night for up to 40 minutes.

“You might think the lapses that Gerard Baden-Clay admitted were in respect to women and keeping quiet about such liaisons. You might think as a member of the community and using common-sense is that the very nature of a secret liaison is not something shared with others,” he said.

He said Baden-Clay’s only deception was not broadcasting his straying from his wife and conducting a lengthy affair.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226980999956

In perspective of what GBC had done (murdered Allison) that's a risk he would have to take, and we who believe he is guilty, he did take. jmo
 
I am pretty sure they have to wait until they officially deliberate but they will talk about general processes of the court. They are able to give notes to the judge about concerns like they can't hear properly, being approached by media so they can chat to each other. Happy for anyone who has been on a jury to comment. Breaking News are you here?




Evidence is presented from both sides and one bit of evidence may seem to us to be very compelling. For eg the expert that said Allison did not drown as she had no diatoms in her bone marrow and I think liver. However that is still just evidence and it is up to the jury to decide if they accept that evidence. We think it sounds cut and dried but it still has to be decided on by the jury. So when the defence says Allison may have drowned, the jury is yet to deliberate to determine this fact. So in that sense the defence are not misleading the jury, they are just continuing with their arguments but that's all they are arguments. The jury makes the conclusions about the evidence presented. On some evidence, conclusions will be easier to reach than others because the evidence is overwhelming in respect of one side of the argument. The best example is the face marks. I think the jury will accept the overwhelming evidence that they are fingernail scratches and not razor injuries.
Same with suicide and seratonin syndrome. Both sides have presented evidence, and the jury is yet to deliberate it. We make assumptions based on the evidence we hear but we are not the jury.

As to victim negativity or bashing, it gets a lot worse than how the defence have painted Allison. That has been mild in my opinion but still upsetting to those who love and cares for her. We just need to accept that will happen when someone is desperately fighting a murder conviction.

Today will paint a very different picture and Allison will be heard today, loud and clear. And that will be the last words about her that the jury will hear before they start their deliberations. The judge will do his directions but it will be just about law stuff.

My opinion has not been swayed by yesterday's defence closing statement. The prosecution has a strong circumstantial case. It will sound even stronger at the end of today when the prosecution pulls all those pieces of twine together to a sturdy rope so to speak.

Thanks Alioop and others for your responses to my questions. Your knowledge and insights are very helpful in understanding things.
 
One of those cups for our man too...:)

618290-338cf5f6-f069-11e3-8da8-726202433ee0.jpg


http://www.couriermail.com.au/news/...his-wife-allison/story-fnihsrf2-1226948779375
 
I'm in and out of meetings today so the Brisbane Times updates may be a bit delayed unless someone else wanted to take over?

10:15am: Mr Byrne said Mr Baden-Clay was not the sort of man to kill his wife and mother of his children in "cold blood" and was not the type to "explode in anger".

He said his client was of good character despite his previous infidelity.

10:19am: Mr Baden-Clay is seated in the dock wearing a dark suit and tie and glasses.

His sister Olivia Walton and brother Adam Baden-Clay are seated in the front row of the public gallery directly behind the dock.

Allison Baden-Clay's family and friends are seated on the opposite side of the public gallery with homicide detectives involved in the case

10:24am: Mr Byrne has reminded the jury, again, to ignore what he has described as "sensationalist media coverage" of the trial.

"Your task and indeed your duty, your sworn duty, is to ignore all that," he said.

"You're not here to deliver a verdict based on what the media would like you to do ...

"Your duty is to return a true verdict according to the evidence and that is a simple proposition."

10:27am: "Once you have dispassionately, objectively assessed the evidence - the whole of the evidence - you would not and you could not find Gerard Baden-Clay guilty of the murder of his wife," Mr Byrne said.

"There is no cause of death, there's no motive that stands to scrutiny, there's no realistic means of him doing the things the prosecution says were done by him as part of a scenario."

Mr Byrne said the Crown could not establish how Mr Baden-Clay violently killed his wife in a house with three young children, or how he transported the body to Kholo Creek without leaving a trial.

"The verdict on that evidence should be one of not guilty," he said.

"Thank you for your attention."

10:28am: Prosecutor Todd Fuller QC has begun his closing address to the jury.

The prosecution was effectively afforded the final say in the trial because Mr Baden-Clay decided to step into the witness box to adduce evidence.

10:31am: "Human behaviour is sometimes inexplicable," Mr Fuller said.

He said the Baden-Clays lived a facade.

To the outside world, they were a happily married couple.

In reality, both Mr and Mrs Baden-Clay were desperately unhappy.

Mr Baden-Clay was embroiled in multiple affairs with different women throughout his marriage.

"He had an affair with a women in the office where his father worked," Mr Fuller said.

"That shows you the level of deception. That shows you the level of bravado.

"He presented a number of faces to a number of different people, right up until his evidence in this trial."

10:34am: Mr Fuller said Mr Baden-Clay reacted to the pressures in his life on the night of April 19, 2012.

"What's building on this man here? What's changing in his life in the period we're talking about here?" he asked.

Mr Fuller said Mr Baden-Clay's actions were a "reaction to a particular set of circumstances that accumulated over time, a set of circumstances that were in fact his own making".


10:35am: Mr Fuller is standing away from the bar table and is pacing back and forth as he directly addresses the jury.


10:37am: Mr Fuller has turned his attention to the nature of the circumstantial case against Mr Baden-Clay.

"It's like a television picture," he said.

If you stand close to a television screen, you see a series of small dots, Mr Fuller said.

"Step back and you see the full picture," he said.

10:43am: Mr Fuller said the defence theory, once placed in context, could not be substantiated.

"You'be been led astray," he said.

10:45am: The jury has taken its first 10 minute break for the morning.


Read more: http://www.brisbanetimes.com.au/que...y-16-week-5-20140708-3bjkw.html#ixzz36pl3jPCO
 
You are doing a great job. Im happy doing the CM updates.
Its all good. Awesome jobs tweeters :takeabow:

OK, I'll do up till the next break, than if you can take over for awhile that would be awesome :)
 
Katrina Blowers ‏@katrinablowers 1m
Gerard #badenclay is taking notes in the dock as the prosecution delivers closing argument. @7NewsBrisbane

David Murray ‏@TheMurrayD 1m
They seemed like the perfect couple. It was a facade - Fuller #badenclay
Why is he taking notes?? For his appeal?
 
Kate Kyriacou @KateKyriacou · 28s

Fuller says Allison was a woman who battled for years to keep her marriage on track. #badenclay

Fuller says Allison was told the cruelest thing a woman can be told by her husband: I don't love you. #badenclay

Fuller says Gerard would go home to his family, then slink back to his mistress. #badenclay

Fuller says Gerard conducted an affair with a woman from the office, where his father worked. #badenclay

Fuller says it shows the level of bravado and confidence Gerard can use to carry off deception. #badenclay

Fuller says Gerard cried when he spoke of falling in love with Allison. #badenclay

Fuller says what about his reaction when asked about the first time he told her he no longer loved her. #badenclay
Bam! Dad knew
 
You are doing a great job. Im happy doing the CM updates.
Its all good. Awesome jobs tweeters :takeabow:

We're on the home stretch now. :tyou: Amee you've been our main stayer through all the trial. Hats off to you. :)
 
10:56am Recap: Here is an excerpt Mr Fuller's closing address to the jury:

"Human behaviour ... is sometimes inexplicable against the background of the rest of [a person's] life, because of the pressures or circumstances that people find themselves in.

"It’s not unknown for a person of previous apparent good character to step outside that character and do something that perhaps they never contemplated doing before.

"My friend has spoken about possibilities, opportunities, they happen everyday in our lives.

"We’re programed from the way that we view the world to have expectations about how somebody should behave.

"But that’s one of the reasons why you’re here. Through your experience of people, of relationships, of behaviours, you see people step outside their characters.

"You have appreciation of how people under pressures sometimes react, because a criminal trial is not a computer program ladies and gentlemen. It’s not about us putting all of the data in, putting it through some algorithm and checking out the result at the end. And the simple reason for that - because it involves people.

"You’re participating in a process to determine if this man here has killed his wife.

"That is, that he unlawfully killed her without a justification, excuse … or authorisation ... and that he did it with an intention."


Read more: http://www.brisbanetimes.com.au/que...y-16-week-5-20140708-3bjkw.html#ixzz36pmO8zuy
 
Hard to keep up with note taking today in court as Todd Fuller speaks so much faster than Byrne. No chance I'll fall asleep this morning.

He seems to have covered so much in such a short time too! Without leaving out any detail. What a jet! Sharp, to the point and swift. No messing around with this bloke! Surely the jury will appreciate that too after yesterdays blah blah blah blah blah zzzzzzzzzzzzz
 
Good morning/evening everybody!

(I'm scooting in late as usual!)
 
Kate Kyriacou @KateKyriacou · 37s

Fuller says the pressures on Allison hadn't changed for years. The pressures on Gerard had. #badenclay

Good point to put before the jury IMO.

Yes, excellent point!
 
David Murray ‏@TheMurrayD 52s
Justice John Byrne asks the jury to consider sitting 9am to 4.30pm excluding weekends during verdict deliberations #badenclay
 
Quote Originally Posted by Freya1977 View Post
Ali have the jury been allowed to discuss the case together up to this point, or is that only allowed during deliberations?


I am pretty sure they have to wait until they officially deliberate but they will talk about general processes of the court. They are able to give notes to the judge about concerns like they can't hear properly, being approached by media so they can chat to each other. Happy for anyone who has been on a jury to comment.......

I was part of a jury earlier this year and you can be absolutley sure the 12 men and women are discussing the trial as it unfolds.
Every time they are asked to leave the courtroom for legal discussion, etc, they are ushered to their jury room and the moment that door shuts (often before the door shuts!) the room erupts with points of view and conversation about what they have just heard.
And when someone on the stand or at the bar is stretching truth, manipulating the info or clearly talking ****, the members of the jury do not hold back with their opinions. Of course, it is a mixed bag of personalities but I witnessed a lot of cynicism and scoffing. And I would definitely bet that that is what is occurring behind those closed doors in this trial. Many minds would be pretty much already made up, and they are listening for something to change their mind, rather than make it up.
 
I do hope he addresses this violent murder they kept claiming.
 
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