Allison Baden-Clay - GENERAL DISCUSSION THREAD #41

Discussion in 'Allison Baden-Clay General Discussion Threads' started by SoSueMe, May 18, 2012.

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  1. alioop

    alioop Verified Attorney (AU)

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    Thanks Red. So it may likely be that the money from each of the suncorp and TAL insurance policies will be treated differently by the federal court if there is a not guilty verdict. One may be paid to the estate and one may be paid to GBC directly. So my previous comments now cover both scenarios.
     


  2. Zim

    Zim Active Member

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    Can't say I really understand....not really au fait with 'legalese' but WOW I did not see that coming !
     
  3. AAAA

    AAAA New Member

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    Yes, and it was a friend of mine in the Brisbane media that told me " it was just another murder and to get over it". I don't think they ever expected it to have such a huge impact. This person has reaped the rewards of big ratings by such a tragedy. IMO.
     
  4. redlightthroughpaper

    redlightthroughpaper Verified Insider - Allison Baden-Clay case

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    A question alioop, if GBC is committed for trial and there is information on records that can't be shown to a jury, will the entire record be kept from them or would the 'offending' bit be crossed out or something? As an example totally unrelated of course; say perhaps on a forensic report of a telephone there was a number of contact types including phone calls, emails, text messages, facetime calls etc - and only one of those calls was unable to be shown to the jury - would the details of just that call be somehow blacked out - or would the entire report be unable to be used? Just curious...?
     
  5. AAAA

    AAAA New Member

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    Goodnight all, glad to be back in Oz. just wish that Hawkins and a few others were still giving us their insight. Everyone else on here has been great in keeping me up to date! Only a few weeks to go before we hear more! Xxx
     
  6. GEANIE

    GEANIE New Member

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    I do not think for one minute that any one on this websleuth site is looking for ratings..I just hope we can help each other to come to terms with the tragic outcome of Allisons demise......I am 800 miles away...but am so connected and challenged to find out the truth and give her some justice....
    I hold your hands.....I believe....justice will be done......not a day goes by that I dont think of Allison.....or my friend does .....searching for some clue, and answers...Life goes on as they say....but Allison will go on as long as we strive to get justice.
     
  7. Fuskier

    Fuskier Well-Known Member

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    IMO It's just rumour circulated by locals at this stage. No msm or court document to state this fact.
     
  8. Fuskier

    Fuskier Well-Known Member

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    Some MSM details to support discussion on this Thread:
    http://www.theaustralian.com.au
    SARAH ELKS From: The Australian February 07, 2013 12:00AM
    Stewart Webster, for TAL Life, told the court the Baden-Clays held the policy jointly and it was for Mrs Baden-Clay's life. No beneficiary was named in the policy.
    There were three possible claimants for the money: GBC, Mr. Dickie and the couple's three daughters, who have a litigation guardian who had applied for "family maintenance" on their behalf in the District Court. Justice Dowsett agreed for the court to hold the money for six months and then for the matter to be reviewed. So the money matter will be reviewed in July 2013 when the stage of criminal proceedings would be clearer.
     
  9. redlightthroughpaper

    redlightthroughpaper Verified Insider - Allison Baden-Clay case

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    I think Indemnity and Immunity might mean almost the same thing in this sense. Perhaps alioop can confirm?
    Way back before the arrest of GBC there was MSM gossip regarding Indemnity/Immunity. There is a report about it here; http://www.couriermail.com.au/news/...cessory-rejected/story-e6freon6-1226391562829
    One thing I would like to point out is that the reporter speaking in the video infers that Brookfield is in Paul Tullys area, which is incorrect. Paul Tully is an Ipswich City Councillor. Brookfield is in Brisbane City Council and our councillor is Margaret de Wit.

    http://www.brisbane.qld.gov.au/abou...y/councillors-wards/pullenvale-ward/index.htm

    http://www.ipswich.qld.gov.au/about_council/mayor_and_councillors/division_2/
     
  10. they'll get you

    they'll get you CHRIS. P. BACON

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    Do the Police have enough hard core evidence?
    Could the evidence be coincidence?
    Affairs? Lack of searching? Phone calls to insurances? The BC's lack of involvement?
    Allison's blood in the back of the car? Business as usual?
    They had a fight & she scratched his face, that doesn't mean he murdered her?

    Don't get me wrong but I'm sincerely hoping the Police have that 'hard core' evidence because I think he could still possibly walk.

    In essence.......PROVE IT BEYOND ALL REASONABLE DOUBT
     
  11. Couldbe

    Couldbe Well-Known Member

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    As we know them, ..... there are his story inconsistencies and lies. These should be very telling of his avoidance of the truth.
    e.g. Allison went for a walk at 10pm when he went to bed/supposedly walked before 6.15am.; slept soundly all night/his phone off the charger and back on charger.
    The Police also seem to have collected computer 'evidence'.
     
  12. they'll get you

    they'll get you CHRIS. P. BACON

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    The phone charger must be nothing compared to the other evidence because there could be any number of reasons the phone was recharged. Um well maybe he had the phone next to his bed and um er he bumped it and 'in his sleep' reconnected it? I don't think my IPhone warns me when the battery is dying. Phone on and off the charger is no grounds for a murder conviction. (IMO)

    Also to have him in gaol because he's a flight risk, HE DIDN'T ESCAPE BEFORE BEING CHARGED, he stayed, business as usual and looked after the children.

    I feel/pray the Police have a GOLD piece of evidence to commit the ****** like a birds eye view of the vehicles at the round-a-bout at a certain time and zoom in on GBC with something in the back or Apple's records of his phone travelling around at the same time as Allison's :please:

    We are all collectively holding hands on this and waiting for March :rocker:
     
  13. Thinking

    Thinking New Member

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    I see that Cowan has been committed for trial in the Morcombe case. I'm sure that will happen in this case too, in March.
     
  14. they'll get you

    they'll get you CHRIS. P. BACON

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    According to MSM

    'During a conversation with the officer on August 9, 2011, Cowan allegedly said he abducted Daniel and then tried to molest him before killing him and dumping his body in bushland'.

    Was the conversation was recorded? Now that's a great start to a conviction....:rocker:
    I wonder if GBC stumbled and admitted something when he was at his most volnerable 'off the record'?
    Good cop, bad cop, trust aquired between the time Allison went missing to the time of arrest.
     
  15. Thinking

    Thinking New Member

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    Thanks oz Jen - I guess my point is the call must have shown up on SOMEthing for it to have been tendered as evidence at the first bail hearing. I just can't see how it can now be disproven when no one has given a statement or been cross examined etc - I agree that it is likely msm have made a reporting error.
     
  16. Makara

    Makara Former Member

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    It's interesting to note that according to the second bail application GBC does not refute the Face Time call. He does explain away his search of "taking the fifth" by stating that he searched the term when one of his parents asked what it meant when it was mentioned on the TV show they were watching at his home on Wednesday 18 April 2012. GBC states that he did not search for that same term again on Friday 20 April 2012 at 7:09am, but that the record was an automatic re-load of his previous search on 18 April.

    This may in fact have been the case but as I said, there is absolutely no mention, let lone denial of the Face Time call in the bail application. Why? I would think that GBC would be trying his hardest to try to refute it by any means possible.

    MOO.
     
  17. Makara

    Makara Former Member

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    Thanks for the CM link Red. It's interesting to watch it again in hindsight. Note the date the article was published. 12 June 2012. GBC was arrested the very next day, 13 June 2012.

    Quoted from the same link.

    BBM.

    IMO Mr Bleijie covered all bases here without really saying anything. And of course he's not going to tell the media that someone involved in the case has been offered immunity now is he?

    IMO Paul Tully knew exactly what was going on when he made that statement. So the question remains, who was offered immunity or indemnity? Was it TM or one of the clan?


     
  18. Makara

    Makara Former Member

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    Also wanted to note the I take the word endemnity to mean that someone has taken on the responsibility or obligation to protect or hold harmless another person from legal harm. Whereas immunity would translate as an exemption from a legal duty, penalty or prosecution. Although, in the CM article of 12 June 2012, the words endemnity and immunity are both used to describe the same thing. They do not have the same meaning.

    MOO.
     
  19. alioop

    alioop Verified Attorney (AU)

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    As a general rule the prosecution decides what evidence it presents to a jury and in what form, so if they chose to present a document with items blacked out for example then I don't see that would be a problem unless the defence had a problem with it. If it was info that supported innocence for eg then the defence would justifiably object to the blacked out bits.

    <modsnip>
    At the bail hearing, I heard the discussion between Judge Applegarth and the defence barrister Peter Davis about GBC's explanation of the googling "the fifth" in some detail. GBC filed an affidavit explaining it. Just because he has explained it doesn't mean the prosecution accepts his explanation. I don't think Danny Boyle was too worried about this "explanation" . Just after that, I did hear the words 'Facetime call mentioned by the judge" but that was it. There was no discussion as such. So I have no idea what is going on with that facetime call.

    An indemnity arises when one individual takes on the obligation to pay for any loss or damage that has been or might be incurred by another individual. The right to indemnity and the duty to indemnify ordinarily stem from a contractual agreement, which generally protects against liability, loss, or damage.

    It would make perfect sense to me if GBC's lawyers required his parents to provide an indemnity to them for their costs as a condition of representing him. Which means they have to pay if he can't. So if there is any local gossip about an indemnity then that is likely what it is about.

    Immunity from prosecution occurs when a prosecutor grants immunity, usually to a witness in exchange for testimony or production of other evidence. It is immunity because the prosecutor essentially agrees to never prosecute the crime that the witness might have committed in exchange for said evidence.

    We will have to wait and see if anyone has been granted immunity in this case. Hopefully it will be apparent at the committal.

    The face time call is not on GBC's telstra phone records, it was extracted from his actual phone just prior the first bail hearing. This is because it uses internet, and is not a normal call. The texts he sent to Allison that morning were similarly sent as imessages not SMS as they both had iphones so they didn't show up in his SMS telstra records either. The face time and those imessages clearly show on the phone extraction record as I have seen them. They were exhibited to an affidavit filed by the police in that bail application.
     
  20. Mountain Misst

    Mountain Misst FA in Aus.

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    Yes OJ...You need the actual phone in order to extract the information with special software/spyware. DPP did exactly that with GBC's phone. The evidence was included with the first bail application material, which is where msm got their info.

    The call exists as msm states, however the information may be suppressed for some reason.

    Hence the need to find Allison's phone if possible - there will be information stored in it, which is not on her phone bill. That information would be GOLD...
     
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