The Crown v Gerard Baden-Clay, 7th July - Trial Day 15

Status
Not open for further replies.
He said she sat up with her husband until he went to bed as she watched The Footy Show.

“Is it possible that Allison stayed up watching television… thinking about what had gone on between her and Gerard, what had been revealed, what you will see in the slide in front of you was the rawness could be opened up by that session,” he said.

Mr Byrne said Ms Baden-Clay wrote in a journal that she did not want to be alone and she was afraid of being alone and lonely, and was afraid of failing, “failing in my marriage and what people will think”.

“She can’t sleep. She’s up alone. She’s supposed to be going to the conference the next day… she avoids confrontation,” Mr Byrne said.

“What if she decides to go for a walk at that time to clear her head? What if, because of her depression she takes her Zoloft tablet around 10 or 11pm? That would explain, you might think, her changing into the walking clothes which she is found in.

“She leaves the house, having first placed Gerard’s phone, which she had possession of, on the charger at about 1.48am.”

Mr Byrne continued, adding that Ms Baden-Clay may have continued along her usual route and then decided to walk further, perhaps disorientated or perhaps not.

“About 4am, on the figures Dr Schramm gave you, the drugs would peak in her blood stream, the medication would be absorbed in her system, and was no longer present in her stomach, but we know the levels are in the blood. Maybe with that increase in dosage, we had serotonin syndrome or just the effects of sertraline,” he said.

“Consider that as a scenario. Is it something which is excluded on the evidence? And some time, for some reason, she ends up in the river.

“The autopsy report can’t rule out drowning, it can’t rule out a possible fall or jump from the bridge could have rendered her unconscious and that she either drowned or died in the river.”

He told the jury it was a scenario they might reject, but it was one which they might think was open on the evidence.

Mr Byrne said the jury had to be satisfied beyond reasonable doubt that Baden-Clay managed to violently kill his wife and dispose her body.

“That is something I would submit you would reject out of hand,” he said.

He will continue his closing address tomorrow from 10am.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226979525605
 
Source: Courier Mail
Mr Byrne said the prosecution case was that he somehow violently ended her life in the very home that they shared with their three, young daughters.
“This man, Gerard Baden-Clay, who on the evidence that you have heard has never displayed violence, whose acquaintances, friends, family and children have never seen to have been violent or indeed argue with his wife, the Crown say on that night in April 2012, he violently murdered her,” he said.
My Bolds.

I was not under the impression that Allison's murder was violent - from the beginning.
In contrary, the Autopsy cannot determine her cause of death - but they didn't rule out murder - but violence wasn't mentioned.
They tended to actually use the word 'Moderate' to describe the force of the injuries found on her body in the Autopsy Report.
I questioned the use of the word Moderate in a post: Moderate Force - Autopsy Report

But it was not violence that ended ABC's life.
The Defence reiterated though that GBC was not violent.
No, he was what I would call Timid to Moderate, evasive and tended to placate.
And to me, that sits with the type of injuries inflicted on Allison.

JMO - GBC did not murder in anger - I think he murdered with calculated intention and purpose - which would need some 'Moderate' amount of strength (but not violence) to do.
It was also his wife he was (accused) murdering - and that association must have some bearing.
A wife who was not a violent person at all!
He did not know what force to use - but enough moderate force to bring Allison down by which to murder her.

I noticed they threw Toni's name into the 'Violent/ce' mix -
Another Defence speed bump for the 'doubt' bus to consider running over.

.
 
I have been eagerly awaiting enough proof for my personal interpretation of "beyond a reasonable doubt".
Mrs. Dickie's testimony of how she found the house that morning clinches it for me.
Hoping the jury takes into account this important information from whom I think speaks for Allison more than anyone could, her mother.
Listen to what she is saying! There had been a big cleanup the night before.
Today I am feeling so much more confident, The defense presented so may holes, you could actually fall down one! moo

FULLER! FULLER! FULLER! my hero already:the wave:

GBC :behindbar:back:
 
I know the hairdressers was a freebie, but just had a thought. Did she pay for something extra to be done to her hair that wasn't included ?
Also I thought she was supposed to only have $20 in her account and didn't GBC say they were "on the bones of their arse?

Yes, GBC said they were on the bones of their arse, but then we heard him deny that they had financial issues. Business was doing OK. ??? Another contradiction to add to the rest.
 
I can understand how some view the legal profession, I really can.

However, it's just offensive to state that Byrne QC does it for the money and equate him with an alleged murderer. I can assure you, he could have been making a HECK of a lot more money being engaged in a matter other than this.

Also, the vast majority of lawyers at this level see it as a true vocation. As the saying goes, somebody's gotta do it. Otherwise, we'd be reading about GBC's Inquisition.

One question Her Honour. Are Byrne QC's legal fees paid for by us i.e. Legal aid?
 
Personally I take mine at around 11pm. It doesn't have the stimulant effect on me so I just take it before bed. It just depends on the person.

And how do feel overnight? Do you wake up early morning feeling the need to walk 14kms and throw yourself of a bridge?

I also take an antidepressant at night before bed as I find that works best for me.

The defence are clutching at straws (or Crepe Myrtles)!!
 
I can understand how some view the legal profession, I really can.

However, it's just offensive to state that Byrne QC does it for the money and equate him with an alleged murderer. I can assure you, he could have been making a HECK of a lot more money being engaged in a matter other than this.

Also, the vast majority of lawyers at this level see it as a true vocation. As the saying goes, somebody's gotta do it. Otherwise, we'd be reading about GBC's Inquisition.

Personally I find it hard to process how anyone could support and believe this lying cheating excuse for a human being.
 
I have been eagerly awaiting enough proof for my personal interpretation of "beyond a reasonable doubt".
Mrs. Dickie's testimony of how she found the house that morning clinches it for me.
Hoping the jury takes into account this important information from whom I think speaks for Allison more than anyone could, her mother.
Listen to what she is saying! There had been a big cleanup the night before.
Today I am feeling so much more confident, The defense presented so may holes, you could actually fall down one! moo

FULLER! FULLER! FULLER! my hero already:the wave:

GBC :behindbar:back:

Is anyone able to tell me which day of the trial Mrs Dickie gave evidence? I'm interested in going back and re-reading.
 
Adding in the following for anyone who may not have read it...

Verification Process for Professional or Insider Posters

If you do not wish to be identified as an expert in a certain area, we ask that you refrain from answering questions that are specifically directed to those that have been verified as specialist in their area and that you do not claim to be a professional in any area.

http://www.websleuths.com/forums/sh...n-Process-for-Professional-or-Insider-Posters
 
To all the Tweeters and Court goers - thanks so much for your dedication to Allison and helping us see justice in action! I so really appreciate the huge commitment. Its a huge amount of time out of a day! And you guys give it your all every time. Thank you all so very much
 
Same here when I used to be on it years ago, the lowest dose.
I took it at night before bed too because it made me feel nauseous and drowsy. It didn't have a stimulant effect on me either.
I guess we're all different.

Personally I take mine at around 11pm. It doesn't have the stimulant effect on me so I just take it before bed. It just depends on the person.
 
When I was depressed I felt more depressed at night and less depressed in the morning.
Another way we're all different.


Why on earth would Allison take her Zoloft/Sertraline at 10 or 11 pm?? It's recommended to be taken in the morning because it can have a slightly stimulating effect, which could interfere with the person's ability to get to sleep. However, in the morning, this property can help the person get going. Also, more importantly, a usual symptom of depression is diurnal variation of mood which means that the person feels most depressed in the morning and least depressed in the evening.
 
Just thinking about Allison's parents here - there must have been an awful lot of shocking information that came out about GBC and their daughter's marriage over the course of the last couple of years. Their feelings about this man must be very strong by now (and I don't mean in a good way), after hearing all the details about his dishonesty and infidelities - the droning on about Allison's illness and mental state during the trial must just top it off horribly, and I'm surprised they have been able to contain themselves while listening to it. They seem to have the sort of grace and class that no amount of money or family name can buy.
 
the summing up today by the defence struck a new low .... it was gutless, as well as low.. Gerard's instructions obviously were not to go actually as far as categorically stating that Alison suicided, but he wanted it to be concluded as so..and at the same time to remain detached by claiming he just didn't know..

And , significantly, Gerard didn't want it to be as a result of him mentioning her nonappearance at the conference.. he wanted it to be triggered by the venting conversation of the night before... the one they went out for 'coffee' for... just a little chat .. to tie it neatly into the announcement of the birth of the nephew...

A great deal of work went into the creation of this scenario.... obviously, it has been the 'defence' from the get go , from that first meeting of legal reps on the Saturday morning. No other explanation has been offered at any time..

So it narrows down to this.. Gerard as the murderer or Alison as responsible for , not only her own death, but Gerard's separation from his children, his financial exposure, his sexual incompetency exposure, the exposure of Toni 'Wallpaper' McHugh, Ms Michelle Hammond, Ms Jackie Chrane, his incarceration on remand, and his impending verdict at the trial for murder..

I have a lot of faith in AU juries.. the few times they got it wrong were in the main due to faulty evidence presented , and those few times of failure are minute, not in effect, but in the scale of things in the history of juries here.. I do not think this jury, composed of ordinary Brisbane men and women is going to buy one particle of this defence..
 
Is anyone able to tell me which day of the trial Mrs Dickie gave evidence? I'm interested in going back and re-reading.

DAY 4

Baden-Clay Trial Day 4 - Timeline in Court - Main Stream Media – Courier Times


10.35am: In cross-examination by barrister Michael Byrne QC, for Baden-Clay, Nigel Baden-Clay said on the evening of Wednesday April 18, 2012, when he went to babysit the Baden-Clay children, news came through of the birth of a new grandchild in Canada.
11.05am: Olivia Baden-Walton said she met Allison Baden-Clay in 1996 when her brother first started dating her.
11.40am: Ms Baden-Walton said her sister-in-law often asked her to help her with parenting and cooking.
12.15pm: The jury is continuing to hear the cross-examination of Baden-Clay’s sister, Olivia Baden-Walton, who is the 28th witness in the trial.
12.45pm: The 29th witness in the trial is Allison Baden-Clay’s mother, Priscilla Dickie.
1.05pm: The 30th witness in the trial is Geoffrey Dickie, Allison Baden-Clay’s father.
1.10pm: The 31st witness in the trial is Allison Baden-Clay’s best friend Kerry-Anne Walker.
2.40pm: The jury is continuing to hear evidence from the 31st witness in the trial, Allison Baden-Clay’s best friend, Kerry-Anne Walker.
3pm: The 32nd witness is Daryl Clifford Joyce who was kayaking in the Brisbane River near the area of Kholo Creek on April 30, 2012.
3.10pm: The 33rd witness in the trial is the woman Gerard Baden-Clay was having an affair with, Toni Cheri McHugh.
3.30pm: Toni McHugh told the jury she would contact Gerard Baden-Clay by email, text and phone.
3.50pm: Toni McHugh told the jury she met Gerard Baden-Clay at her unit in St Lucia to discuss his wife finding out about the affair.
4.15pm: Gerard Baden-Clay’s mistress Toni McHugh told the jury she had just started a new job on April 19, 2012
The trial will resume at 10am Tuesday

Mrs Dckies summary in the PDF below:
(ETA: OOps - snap Marly & others - thanks! Im too slow typing :D)
 

Attachments

  • Baden-Clay Trial Day 4 - Timeline in Court - Main Stream Media – Courier Mail.pdf
    355.5 KB · Views: 10
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
197
Guests online
3,405
Total visitors
3,602

Forum statistics

Threads
591,827
Messages
17,959,720
Members
228,621
Latest member
Greer∆
Back
Top