The Crown v Gerard Baden-Clay, 10th July - Trial Day 18

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Maybe, GBC had to stay home in case the girls woke, so that means someone drove the car and disposed of the body? :waitasec:

I've always thought that.

Kids can wake randomly and if one of them woke (upset from bad dream, needing comfort?) and saw that someone other than GBC was looking after them, the girls would have possibly/most likely mentioned it to police.

The only thing that I can't get to work with that theory is how that second person knew to come round. But maybe police are still investigating this and still collecting/holding onto evidence regarding the second person (including, perhaps the second person's phone records?) until the murder trial is over?
 
Why couldn't they dismiss this juror and put one of the reserve jurors on instead? Wouldn't this mean no risk then for retrial? (mind you I have no idea how the court system works!).

I'm afraid I can't answer that one, other than to say perhaps because the judge has already dismissed the reserve jurors? But also, maybe this time they are just getting a warning?
 
BBM...

I thought that, but hers connects before he sends the text....and I don't think SMS uses any data, so not sure that it would trigger it to connect to the tower. I know I can send and receive SMS with my data completely turned off. Would be interesting to know exactly what makes a phone start a data session and stop the data session. I've seen this on my bills where it stays connected for 20 something hours then disconnects and reconnects soon after. Who knows...it's all very confusing!

It uses data when it is an iMessage.


Sent from my iPhone using Tapatalk
 
Not when it hit the internet that she was missing......while kids at school? It is not good for them to find out via internet or teacher expressing concern.....and this would happen given the amount of use of technology in classrooms nowadays. All they would need it to look at news websites.....minute it is reported and kids at school all hell would break loose and would fall to the poor teachers.

The girls attended a state primary school. I can assure you that children that age aren't just idly browsing on the internet at local state schools - and even if they were (something I don't believe for a minute, from experience) I don't think searching news sites would be a high priority. Confidentiality is taken very seriously in schools too - if there was even a whiff of news no teacher would be mentioning it in front of children. I'd be pretty sure that given GBC's conversation with the school principal that morning, the principal would have acted on that information and given appropriate instructions straight away.

I've had first hand experience with this sort of situation in a primary school - and our instructions were very clear about what we could and couldn't say or do, especially before there was any direct confirmation from police. It didn't stop parents gossiping and sending very premature messages of condolences on facebook etc., but all the students, and the children involved were oblivious/shielded on that first day at least.
 
Yeah, I think the general feeling in Brisbane is that most of the jurors must think he's guilty (if not all) but a few are worried about the term "reasonable doubt". Anticipating a hung jury, I think the Judge (and prosecution probably at this point) are happy enough to have him charged for manslaughter because of the public outrage if he walks free. (Same thing happened in the death of Tina Watson, tried here in QLD). I think everyone's feeling pretty solid about a manslaughter charge, because those who feel iffy about a guilty verdict will fall easily into the lesser manslaughter category. I don't think anyone seriously expects any juror to believe GBC is completely innocent.

I think they're anticipating a manslaughter charge and some public uproar about it needing to be a guilty verdict afterwards. I believe he's guilty and if I was on the jury would have voted that way over manslaughter, but I think a lot of people feel (understandably) uncomfortable about the term "reasonable" when assessing the case. It's such a subjective, tricky word. I also think our government and police realize some stranger will probably attempt to kill him if he's set free. So they're offering a "lock him up for a while?" verdict rather than "lock him up for 20 years or whatever" option.

In my opinion only, all of this, including the next bit: Yes, I believe everyone in that courtroom knows GBC lied in his testimony and that he probably wasn't the one who moved the body that night. A heat-of-the-moment murder followed by a cover-up with a second person (GBC's father) seems to be most of the public's opinion here, with the added idea that GBC probably had the idea in his head for a while and on that night it erupted. (For all the reasons everyone knows so well. Wouldn't surprise me if Allison found out about everything and told him she was leaving him, taking the kids, etc.)

Hi Bek,

Respectfully, when you speak on behalf of how things are feeling in Brisbane, who are you referring to exactly? I'm just curious how you've come to these conclusions about people's thoughts on manslaughter etc. and if you've actually been polling people, or if this is just your personal family/friends?

Nobody I know in Brisbane is "happy" for him to get manslaughter. I certainly don't think the prosecution would be happy to settle for that either. When I was in court yesterday the judge actually told the jury that the only reason he is offering them the option is because he is legally obliged to, and he reminded them that there has been no evidence presented to support a verdict of manslaughter.

I think some of the evidence speaks AGAINST manslaughter myself. We must remember that he is guilty of murder even if he only intended to cause her GBH, he didn't even have to intend to KILL her to be guilty of murder, and the jury were also instructed of this. So, in theory, if he punched her and she fell and died, he's guilty of murder because he clearly intended to cause her GBH, even if he didn't mean to kill her.

Just curious - it's a broad generalisation to say how an entire city feels about the trial :)

Cheers
 
Alioop, may I please pick your wise brain? Just thinking about the minimum term without parole, eg 15 years. Am I right in thinking that a prisoner doesn't get parole for something like murder unless they express remorse (among other factors)?

One of the main things they have to address when applying for parole is that they won't re offend and explain what they have done whilst in jail to ensure they don't. So it does imply that the person acknowledges their offences as a starting point. However I don't think admitting to the crime is a strict requirement as such. It is all discretionary in the hands of the parole board. I have never had anything to do with parole boards so I don't have much practical knowledge on this subject.
 
I'm still 5 pages behind but WOW I find it very frustrating that a juror d/load a document (and one that was totally useless anyway!)

When on a jury, once we were sent away for delibaration all our phones and devices were confiscated.
We did not see them again until a verdict had been read out.

Why do they even have access to the net in there?!~?
 
I wonder how much of a coincidence it is that the first activity on both ABC and GBC's phones was within 1 minute of each other on that Friday 20th.

- 6:31am: ABC's phone connects to FTP tower
- 6:32am: GBC texts Allison for the first time

I personally think he remembered the phone that morning. He wouldn't have thought of it with all the activity the night before. Maybe he's gone out "driving the streets" and taken her phone with him. Switched it on, it's connected to FTP tower and then he's sent a text to it. Then the phone gets dumped. I don't know - just thinking.

telstra towers.jpg
 
Prime, I don't think anyone will achieve it because there will be a police presence around GBC. However, the police may not be so eager to "protect" GBC. With Ferguson, they have to do it, and the way cops think is they distance themselves from the act of the person unless they are not directly involved. One cop said to me "As awful as it is, pedophiles are easier to handle because they've been in and out of the system, will put their hands behind their backs when you want them to for cuffing, etc. You can't see them as people or let them in". And I'm assuming with Ferguson moving about etc, a lot of the cops he came into contact with over the course of it all were different ones? However I'm wondering if the QLD police force (Brisbane cops in particular) are quite angry with GBC; several of them had conversations with him and want his blood. From my experience, cops in QLD who are directly involved in a case are actually pretty passionate about it.

So, hmmm, yeah, I don't think anyone will kill him on the street - but I think the fear of that is enough to get a few people worried.

Gerry made a point of letting us all know he had a very good friend in the Police Service, if I recall the Officer also gave a statement claiming along the lines that Gerry was one of the nicest people he had met. Obviously that Officer hasn't met many people.:gaah:
 
Surely if HER phone was already destroyed at that point HIS messages would have been "unable to deliver"
Seems he knew about that. HER phone was turned on just long enough to receive texts then 'got rid of'
He knew exactly what he was doing at that time. It all fell apart following this ! IMOO

Well this is the interesting thing - even though her phone remained connected to the FTP tower for 13 hours, her calls were going to voicemail. Her phone must have been ON to connect to the tower for the internet. Yet her calls were going to message bank.

Very easy on iPhone to simply turn on message bank and send all calls to voicemail, and I think that may have happened when it was switched on that morning and connected to the tower. Otherwise, it would have been ringing out instead of going to voicemail.

Even if a phone is physically destroyed the service remains active (I know from experience!). It won't reject texts, it will save them on the server. If and when the SIM is put into a new phone, they will then download :)
 
The last few days, I have thinking about his going ahead with Business as Usual.

Just that alone is one great big red flag. Going about "Business as usual", including being adorned with cufflinks.

BBM: Yep, Gerard and his cufflinks!

Cuff-Links_zps47f47737.jpg
 
Sorry, but I don't think some vigilante is going to knock him off if he gets out. We are talking about normal people here, not gangsters and bikies. That would only make some random citizen as bad as he is. If he got off I imagine the only retribution from the public would be stares, comments, verbal abuse, maybe a couple of eggings... For the rest off his time in Brisbane. I imagine he'd move away quick smart, hopefully taking the whole lot of them with him. Rant over, not meaning to offend.

Unfortunately if he is acquitted he stands to regain custody of his children...
 
Short of wearing a bag on his head. Or a mask.

I can just picture it - police arrive at the house to find GBC with a "Phantom of the Opera" style mask concealing one half of his face.

"Oh, this?...I'm just about to head off to rehearsals with the local amateur theatre company. Yes, we rehearse early every Friday morning. I've got a part in the upcoming musical. I'm tired because I've been up all night rehearsing my lines."

Just about as believable as some of the other "explanations" he has come up with.

:floorlaugh: :floorlaugh:
 
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