The Crown v Gerard Baden-Clay, 25th June - Trial Day 10, Week 3

[Karo]

With the utmost respect !
You have got to be kidding!!!

no, not kidding, neither one has been arrested or named as suspects. In Australia we have that thing about accessory before and after the fact.

 

[Champagne4lulu]

So is this change a move to change the charge to lesser charge or is it to have the charge thrown out?

Is it the usual progression or is this major?

 

[DrWatson]

Defence in my opinion doesn't sound very confident in what they are putting forward, very nervous and unsure. Im finding this pivotal this whole legal discussion taking place. I feel unexpectedly sick and nervous.

I know you can't say much, Vibey, but could this be something involving somebody having been caught out in a lie, and now admitting it on the grounds that it was told to avoid self-incrimination? I think it's called an Edwards redirection or something like that, isn't it? But I'm not a lawyer...

Where is Ali when we need her? She could even be in court, of course, with no means of communicating....

 

[Amee]

marly are you saying maybe no defence witnesses ??????????????

Katrina Blowers ‏@katrinablowers 47m

The crown has now wrapped its case against Gerard #badenclay Waiting to hear if/how many defence witnesses. @7NewsBrisbane

 

[Trooper]

Defence in my opinion doesn't sound very confident in what they are putting forward, very nervous and unsure. Im finding this pivotal this whole legal discussion taking place. I feel unexpectedly sick and nervous.

deep breaths, vibe.. breathe in.. breathe out..

 

[marlywings]

Thanks again to everyone who helped with the reports. Thanks to everyone for being here for Allison.

A special thankyou also to Kate@CourierMail.

 

[JAM13]

it is not unusual for the Defence to bring this matter to the courts attention at this point in a trial. This is not an exception. it is a tactic..

it is a matter to be decided if .. IF the trial for murder should progress.. the defence will say. well. there isn't enough to claim its murder.. the prosecution will say, there is..

Keep commenting with your thoughts Trooper. I love your writing and how you think .

 

[Total]

I am now starting to understand the look on OBCs face and NGB too in the photos today. I could not work out those looks (and stared at the photo for a long time) but I now believe it is a look of relief. They will be off the hook, Gerred will go down, no more public outings, they can get on with their lives.

 

[Tishy]

God. How must the Dickies be feeling.

 

[kiwi50]

Don't sweat, this may be a matter of course at this stage and might come from either or both sides, to determine what the defence must prove. There are different defences that can be made for murder and manslaughter. Sentence for manslaughter (an unlawful killing) can still be up to life.

The police must prove the accused committed each offence in an unlawful killing to my understanding. Has that been adduced beyond a reasonable doubt?

Yes no need to panic yet, the legal argument could be anything, one thing I don't see is GBC admitting to unlawful killing at this stage, when he stands a good chance of getting off.
I feel cheated, there were so many questions we've waited so long for answers to. I think the prosecutions case was pretty weak, but they can't invent evidence. Juries do strange things so we can cross our fingers and hope their threshold for reasonable doubt is high.

 

[PrimeSuspect]

Thanks PrimeSuspect!

So it's possible that evidence that was already in the public domain (affidavits and other documents at bail hearings) and those to do with financials etc could have been disclosed in those sessions?

When a verdict is reached and after a sentence is handed down (if defendant guilty) are the transcripts or logs of those sessions published too?

Just curious.

All that the jury has heard/seen should be available on record.

Here is the link for the legislation relating to the Recording of Evidence (Qld)

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RecordEvidA62.pdf

 

[Daisyinthedesert]

desperate to know what is happening over in Brissie at the moment, but like you all, waiting with baited breath.

If he is copping a plea, then I hope to goodness he serves some decent time.

Thinking of those little girls today and sending them love x

 

[DrWatson]

All members of Roundabouts Anonymous gather round, and repeat after me:

Breathe in... Breathe out.... Relax...

And have another virtual Valium transmitted via WiFi again....

 

[FigTree]

Thank-you Tweeters, once again, a fine job of keeping us up to date.

Im processing the days unfolding - Im not sure what to think is going to be the outcome after today's witnesses and the ending of this phase in the case.
I hope the jurers are in a better head space.

 

[Thinking]

The leaves and the blood are the two key pieces of evidence IMO that point directly at GBC's guilt. All the defence team need to do is to present an explanation for each, to raise enough doubt in the jurors mind, to water down their significance.

Not feeling as confident about this as I was earlier.

And the scratches.?

 

[Liadan]

YES! A huge thanks tweeters and court goers for keeping us up to date. It has been absolutely great. Much appreciated!

 

[Amee]

2:56pm: The defence team has raised a legal matter with Justice John Byrne.

The jury has been dismissed for the day and asked to return at 10am tomorrow.

Legal argument will continue this afternoon

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35cvPSRIL

 

[Total]

Itsthevibe
Are you able to tell us how GBC and the NBCs are dealing with all this please? Only if you can. Were they in court as this unfolded?

 

[BJsleuth]

BJ, where you come from, how do the courts determine manslaughter?

Manslaughter is non malicious, not premeditated, didn't mean to kill.

 

[JAM13]

Currently Active Users Viewing This Thread: 202 lease: