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  1. alioop

    Australia Australia - Sharon Edwards, 55, Grafton NSW, 14 March 2015 *Arrest*

    Why would he take police to her remains at this point?
  2. alioop

    Australia Australia - Sharon Edwards, 55, Grafton NSW, 14 March 2015 *Arrest*

    Great news. Wonder why it took so long? New information from someone perhaps?
  3. alioop

    Gerard Baden Clay's murder appeal #2

    I am not suspicious of why the Court of Appeal downgraded the verdict. I think they just stuffed it up big time.
  4. alioop

    Gerard Baden Clay's murder appeal #2

    I have just read the whole Judgement and reasons. Superb reasons.
  5. alioop

    Gerard Baden Clay's murder appeal #2

    I went to the Court of Appeal hearing and the decision downgrading it to murder just left me legally gobsmacked. The rules of circumstantial evidence are clear and many convictions happen on a lot less evidence than was presented against GBC. The decision was a precedent that could have been a...
  6. alioop

    Gerard Baden Clay's murder appeal #2

    It is a unanimous decision. From the summary -'The High Court held that the hypothesis on which the Court of Appeal acted was not available on the evidence. At the trial, the respondent denied that he had fought with his wife, killed her and disposed of her body. His evidence, being the...
  7. alioop

    Gerard Baden Clay's murder appeal #2

    Legal commentator Channel 7- He didn't get lucky that his wife died so that he could be with his mistress.
  8. alioop

    Gerard Baden Clay's murder appeal #2

    Allison's friend Kerry-Ann making statement in front of High Court- She is very emotional. Relief and elation at decision. Knew from beginning that he had killed Allison.
  9. alioop

    Gerard Baden Clay's murder appeal #2

    Reasons- via legal commentator on channel 7 Court of Appeal speculated as to other hypothesis and as it not part of appeal, it was prohibited. Jury was entitled on the evidence to conclude intent to murder. He must serve minimum of 15 year before consideration for parole.
  10. alioop

    Gerard Baden Clay's murder appeal #2

    Good morning everyone. This seems a quick decision by the High Court. Perhaps it means the decision was clear cut to them and they didn't have to ponder too long about it. I think they will reinstate the murder verdict on the basis there was sufficient evidence for the jury to find he...
  11. alioop

    Gerard Baden Clay's murder appeal

    It sounds like it went well for the prosecution today. I am hopeful that the High Court will overturn the Court of Appeal manslaughter downgrade and reinstate murder. I think it was open to the jury on all the evidence to find him guilty and I was shocked by the downgrade.There was a lot of...
  12. alioop

    GUILTY Australia - Stephanie Scott, 26, Leeton, NSW, 5 April 2015 - #3

    Hi everyone. Thanks for the call out. I think the guilty plea by Marcus could mean he will testify against his brother. As to VS mental state, I have a feeling that he is simply not cooperating with anyone, including his lawyer but still wants his lawyer to represent him. I do think his lawyer...
  13. alioop

    Gerard Baden Clay's murder appeal

    I think the use of the word "accidental" killing is a bit confusing. Unlawful killing is either murder( with intent to kill or cause grevious harm) or manslaughter (no intent). Under either murder or manslaughter convictions, the convicted person cannot benefit financially from their crime. So...
  14. alioop

    Gerard Baden Clay's murder appeal

    This speech by Retired High Court Judge Michael Kirby explains how the court deals with special leave applications and the types of issues they will allow to be appealed. As Australia's highest court, it has limited resources so must be very careful in what appeals it will allow. It's long but...
  15. alioop

    Gerard Baden Clay's murder appeal

    Our very own Liadan worked this out as soon as we saw photocopies of the diary in the committal docs.
  16. alioop

    Gerard Baden Clay's murder appeal

    Technically it's not an appeal that is to be apparantly filed by the DPP on Jan 4, it is a request to the High Court for leave (approval) to appeal. Very few such requests are granted. I think I read today, it's about 13%. But of course there is a public outcry in this case so that may help. I...
  17. alioop

    Gerard Baden Clay's murder appeal

    Hi BN. I don't see this being overturned but then I was wrong about the appeal succeeding as I thought there was enough incriminating post conduct evidence to support murder. So who knows what the outcome will be. At least appealing to the High Court, first involves an application for leave to...
  18. alioop

    Gerard Baden Clay's murder appeal

    What I am struggling with is if the most senior trial judge on the Supreme Court, Judge Byrne, is essentially ( though surprisingly not directly) told by the court of appeal that he was wrong in dismissing a motion by the defence seeking to take murder off the table for lack of evidence to...
  19. alioop

    Gerard Baden Clay's murder appeal

    Excellent post Couldbe and I like the description of the shaky scenario hypothesis verses a valid hypothesis. That's what the appeal courts decision boils down to. A difference in legal finding to the trial judge of the hypothesis, one shaky and one valid.

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