Gerard Baden Clay's murder appeal #2

Qld Law Society ‏@qldlawsociety 52m52 minutes ago

QLS calls for respect of High Court decision in case of Gerard Baden-Clay http://ow.ly/wGmr303JYLY

Oh, we respect the High Court decision alright!

More like rejoice in it!
(But for being sorry that GBC put Allison's family & friends through yet more anguish).

A great decision with strongest precedent & will probably help future Domestic Violence cases.
 
Olivia wrapped her self up in something she called 'authentic' truth.. only god knows what that means, but Olivia's acquaintance with truth was feeble, mostly. However, she managed to extract quite a bit of money for Gerard's legal costs out of the ragtag and bobtail component of the family's life, and that is no small talent. Whether she collected enough, I don't know. I imagine not, the bill for Gerard's tilt at actually attempting to change the law, and to put aside a jury's conclusions wouldn't have come cheap.

What a crashing blow to all their hopes and certainties. They can untie that yellow ribbon for Gerard, and put it away for decades. And this also releases the insurance money that has been kept in trust, except for the house Gerard managed to thieve even while in prison. Gerard's sticky fingers have, by the High Courts decision today been removed from all rights in regard to that and the good Dickies don't even have to discuss or consult him about any of it. It is no longer his business. I like it. That, of course, was Gerard's motivation. . he has to say byebye to that today, also.

RBBM

Trooper, Mr Dickie was able to stop Gerard from benefiting from the sale of the home. MOO


http://www.sunshinecoastdaily.com.au/news/baden-clay-dad-owns-daughters-estate/1532723/
 
Qld Law Society ‏@qldlawsociety 52m52 minutes ago

QLS calls for respect of High Court decision in case of Gerard Baden-Clay http://ow.ly/wGmr303JYLY
Maybe the message in Potts' statement really goes without saying, but JMO .... it would also be useful for him to say something along the lines of "the legal process has been successful in delivering to a Murderer a punishment that he deserves".
 
It was a unanimous decision as well. Restores faith in court system because when QLD judges wanted downgrade it was dispairing news. I feel relief but what a waste of tax payers money has crossed my mind. I never could understand the reasons given for downgrade.

Sent from my SM-G900I using Tapatalk
 
It was a unanimous decision as well. Restores faith in court system because when QLD judges wanted downgrade it was dispairing news. I feel relief but what a waste of tax payers money has crossed my mind. I never could understand the reasons given for downgrade.

Sent from my SM-G900I using Tapatalk

Me neither Hooly. I have a suspicious mind IYKWIM.
 
I am not suspicious of why the Court of Appeal downgraded the verdict. I think they just stuffed it up big time.
 
Gerry Nicholls ‏@Gerry_Rocks 42s43 seconds ago Brisbane, Queensland

Finally updated my #badenclay gallery! http://bit.ly/2bzGlH9
@TheMurrayD @KateKyriacou @liztilley84 @ebonycavallaro @MaxFutcher

:tyou:
 
deeply satisfying verdict... it has so many satisfying elements I can barely type them out...... That he condemned himself out of his own big blabbing mouth is just perfect... he didn't have to go on the stand, we all know that, but he couldn't resist, the great salesman, selling himself on the big stage, letting his repulsive personality expand and project, keeping an eye still on the insurance money.

And there is something awfully correct in his own solicitors, which his family is paying for, at the top dollar, giving him huge false hope that went on for months, just like the big huge fat hopes he issued to Alison, and poor silly old Toni. Not to mention all of his creditors, who , like Gerard , swallowed the hope and lived on it. I bet 100 dollars, Gerard has been prancing around the prison cells yapping about his imminent release.. Bad luck, Ger!!.. back to cell 95 and devon sandwiches for dinner for 20 years, pal !!..

How he faces this reality is the icing on the cake, and its nice to think that Olivia has the embarrassment of it all, into the bargain.. what a vile woman she is.

nice job... yes.. all up, all things considered, nice. .

Ahhhh Tooper! You have a way with words.... Satisfying, yes....
That he condemned himself with words from his own mouth .... Appropriate indeed!
I wonder if he ever woke up on that score?
It is a good day. It is good that Allison's friends can speak up now and tell the truth about Allison.
The Baden Clay family worked a deliberate and calculated smear campaign against Allison from day one.
First, was their suggestions of suicide, depression and Zoloft.
This was then exploded into a full blown Litany of Lies, Deceit and Innuendos; in Court, and in public.
That they were willing and able to do this was reprehensible in the extreme.
Arrogant beyond belief. No shame, no honour, no integrity, no nothing except the ability to think only of themselves.
Not enough that Allison was deceased, but a character assassination was included, for whatever purpose, God Only Knows.
The truth has finally come out. Would Olivia like to elaborate further?
Accessories to this crime? Well at least one very slippery character has been nailed.
Not an easy task due to complete disregard by the Baden Clay family for honesty and also Australian law.
May Allison June Dickie Baden Clay, rest in peace.
 
FYI
http://www.brisbanetimes.com.au/que...t-decision-live-coverage-20160830-gr545u.html

11:50am; Nathanael Cooper

Mr Potts said the High Court's decision, in a rare allowance of an appeal only granted to roughly five per cent of cases, set an "important precedent".

"This is a decision not just for Queensland or for the Baden-Clay family, it is a decision for all Australians," he said.

"The way in which circumstantial evidence may be used and post-offence behaviour may be used has now been clarified by the High Court.

"That in turn can be utilised across a range of cases that are waiting in the wings."
 
FYI
http://www.brisbanetimes.com.au/quee...30-gr545u.html

12:01pm
In summary

The High Court has reinstated Gerard Baden-Clay's murder conviction
His sentence of life in prison for wife Allison's murder is also restored
Friends say: Justice has prevailed
Lawyers say: Precedent-setting decision is proof the justice system works
 
FYI
http://www.brisbanetimes.com.au/que...t-decision-live-coverage-20160830-gr545u.html

12:07pm; Nathanael Cooper

Queensland Law Society president Bill Potts has explained, in layman's terms, the outcome of today's High Court judgement.
He explained the court had examined the case carefully and found that when Gerard Baden-Clay gave evidence, both to the police and on oath before the jury, he "plainly lied".
"The evidence consisted of the way in which he lied about scratches on his face and the disposal of Alison's body in the Kholo Creek and the way in which he sought to hide and dissemble with respect what would be seen to motivations of murder."
Mr Potts said despite Baden-Clay's defence arguing there was a reasonable hypothesis of manslaughter the fact he denied any involvement in or any knowledge of her death removed that option.
"The High Court has said that ... the court of appeal was effectively impermissibly speculating that Mr Baden-Clay, by saying he had no involvement in his wife's murder and knew nothing of the circumstances of her death, was simply cutting off any hypothesis that was consistent manslaughter," he said.
"He denied any involvement, so to come back in the court of appeal to put a hypothesis that was never put to the jury led the court of appeal into error."
 
http://www.abc.net.au/news/2016-08-...murder-conviction-to-stand-high-court/7800556

Queensland Law Society president Bill Potts said Gerard Baden-Clay had no further grounds for appeal and would serve a minimum of 15 years in prison.

Mr Potts said the ruling had set an important precedent.

"The way in which circumstantial evidence may be used and post-offence behaviour may be used has now been clarified by the High Court and that in turn can be utilised across a range of cases that are waiting in the wings," he said...
 
The appeal downgrade was farcical, those judges should be disbarred. Thank god justice and common sense has prevailed. Its a pity he could be out on parole in only 11 years.
 
It's been a long journey, but a worthwhile one.
Thank you for fellow WS who have shared this journey seeking justice for Allison Baden Clay.
It has been a wonderful online community to be part of.
Bye for now.
Strong message for the legal community and the general community.
Deeply satisfied with High Court Decision today.
My sense of justice has been restored.

Need time away to digest all of this.
Will be back later.

:seeya:
 
The following extract from the Order handed down by the High Court today: http://eresources.hcourt.gov.au/browse

….. I think the following discussion occurred without the Jury being present:
“There was some discussion at trial as to the basis on which
a verdict of manslaughter should be left to the jury as an alternative to murder.

In answer to the trial judge's question: "What is the reasonable hypothesis consistent with an absence of an intention to kill?", counsel for the respondent replied: "That, on the prosecution case, death was occasioned unintentionally." His Honour responded: "But there are no fractures of the head."

Counsel agreed with that observation, and in response to the trial judge's further remark: "So there's no suggestion that
she's fallen and hit her head on bricks or cement", counsel
answered: "No."


………Then:
“ Later, prior to the trial judge's summing up, his Honour canvassed with counsel for the respondent the possibility of a direction that the defence contended in the alternative that the conduct in question did not tend to prove an intentional killing.
Counsel for the respondent said the problem with that was "it's not our contention".

On this footing and without objection from the respondent, the hypothesis which the Court of Appeal held to be available to the respondent was not put before the jury. The alternative verdict of manslaughter was left to the jury because the Crown bore the onus of proving that the respondent acted with intent to kill or to cause grievous bodily harm.
.
………This shows where the Defence Barrister tripped up!
Thereby invalidating their later appeal to the Qld Appeal Court and those Judges’ subsequent hypothesis which was merely speculation.
 
For me, justice is finally sweet and more in part because it was served because of him. Had he not attempted to grandstand at the original trial - not only might we not have got the original verdict, but the reinstatement was also directly from his spoken evidence and for me I imagine he thinks of that often as he sits where he should for many years to come. May Allison's children and family walk in the light knowing she loved them 💕

Gerard is that arrogant, I can see him scrambling over legal tomes right now.

There is nowhere to go. It's over.
 
It's been a long journey, but a worthwhile one.
Thank you for fellow WS who have shared this journey seeking justice for Allison Baden Clay.
It has been a wonderful online community to be part of.
Bye for now.
Strong message for the legal community and the general community.
Deeply satisfied with High Court Decision today.
My sense of justice has been restored.

Need time away to digest all of this.
Will be back later.

:seeya:

A huge thank you to you Fuskier for looking after Allison's threads so diligently over the last four years. You've been here through it all, quickly posting the links to MSM articles, tweets and everything in between so that we could read any updates as they were happening.

I'm sure I speak for everyone here in saying that we appreciate everything you've done. You can rest now, it's over. :hug:
 

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