ARREST!!! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 - #22

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June 14, 2012 8:12AM

GERARD Baden-Clay will appear in Brisbane Magistrates Court sometime this morning after spending a night at the Brisbane watchhouse.
Charged on Wednesday with the murder of his wife Allison Baden-Clay and also with unlawfully interfering with a corpse, it is expected he will make a brief appearance in court on Thursday before being taken to the Arthur Gorrie Correctional Centre.

Because this will be Baden-Clay's first appearance in relation to these charges he will not have to enter a plea and it is expected he will only appear in court for three to four minutes.

It would have been a long night for Baden-Clay in the watchhouse, with the 41-year-old not allowed to make any phone calls except to his legal team

This morning he will be moved by two prison guards from the cells of his watchhouse into the courts, most likely dressed in the standard issue brown tracksuit.



http://www.couriermail.com.au/news/...lison-baden-clay/story-e6freon6-1226394951146
 
BreakingNews said:
Wouldn't simply disposing of the body mean 'interfering with a corpse'?
Click to expand...

FirstTimer said:
I believe it means that she was NOT murdered at the place she was found but rather murdered elsewhere and dumped (for want of a better term). Hence "interfering with a corpse".
Click to expand...

I don't think so.

According to QLD Law:
Any person who improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not; is guilty of a misdemeanour.

http://www.australiancriminallawyers..._With_A_Corpse


To me this insinuates it was worse than just plain moving/dumping/disposing of the body.
 
marlywings said:
June 14, 2012 8:12AM

GERARD Baden-Clay will appear in Brisbane Magistrates Court sometime this morning after spending a night at the Brisbane watchhouse.
Charged on Wednesday with the murder of his wife Allison Baden-Clay and also with unlawfully interfering with a corpse, it is expected he will make a brief appearance in court on Thursday before being taken to the Arthur Gorrie Correctional Centre.

Because this will be Baden-Clay's first appearance in relation to these charges he will not have to enter a plea and it is expected he will only appear in court for three to four minutes.

It would have been a long night for Baden-Clay in the watchhouse, with the 41-year-old not allowed to make any phone calls except to his legal team

This morning he will be moved by two prison guards from the cells of his watchhouse into the courts, most likely dressed in the standard issue brown tracksuit.



http://www.couriermail.com.au/news/...lison-baden-clay/story-e6freon6-1226394951146
Click to expand...

Kimster might just get her perp walk...in brown trakkies!
 
Channel 9 just advising that they would be reporting live from the court house this morning.
 
Channel 9 just said although he will be appearing in Brisbane's Magistrate Court this morning, the application for bail cannot happen until a later date in the Supreme Court.
 
CIB said:
I don't think so.

According to QLD Law:
Any person who improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not; is guilty of a misdemeanour.

http://www.australiancriminallawyers..._With_A_Corpse


To me this insinuates it was worse than just plain moving/dumping/disposing of the body.
Click to expand...

I agree. Is there a charge of disposal of a body (not in this case, just mean generally?). There seems to be something about 'interfering with a corpse' that suggests more than just disposal. But I'm no legal expert.
 
Detect said:
Channel 9 just advising that they would be reporting live from the court house this morning.
Click to expand...

Wish it was like the states...where they are allowed to have camera's IN THE COURT HOUSE SO WE CAN WATCH THEIR EVERYMOVE...

I gotta say, I dont think them hot shot lawyers will be standing by him....cos their language of Mr Baden Clay has indicated he will be vigourously denying the allegations, seems to say that his client hasnt actually said he would be at all...that his client only indicated that to him....


anyone else thinking that way...


I think the lawyers are waiting for their next installment of cash...now its in court....that requires a bit more cash...hmmm wonder if he is able to get a little upfront cash from the insurance payout?
 
Hi Peeps, I'm back, miss me? Lol

Firstly I've read back a fair few threads, but I can't find a link to where it states it was a shooting? I find this very unlikely.
Also, he was charged with interfering with a corpse. IMO I think this just means that she was already deceased when he took her from the house and IMO threw her over the bridge.

Someone also said he didn't want the body found as insurance wouldn't be paid up? Hmm no, insurance would be quicker with a body. Without a body it's harder to prove someone is actually dead. The forensics and court proceedings may string it out a little bit, but if you are not the Perp, and have been cleared, insurance IMO would be paid out quite quickly. If you thought you were going to get away with it, (which I believe he did) he would have been thinking insurance.
 
CaseClosed said:
I really hope that he DOESN'T get bail! I wonder if the COD will now be revealed (after his Court appearance.)

A question for any of our legal minds: When he appears in Court, are his lawyers then entitled to read/see all the evidence against him?
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I was asked the same thing about COD and think it will be leaked soon rather than revealed.
 
Lawyers are not in the practice of dumping clients after an arrest is made. Regardless of his guilt or innocence, most defence lawyers are motivated by the notion that everyone deserves representation in a court of law. Or money!
 
ellou said:
That then may mean ,her hand was missing?
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The charge 'interfering with a corpse' would indicate to me that the body has been moved from the location of death to the location in which it was found.
I also noted that it has been stated that the body was in a bad state of decomposition 'making a cause of death difficult'. As also stated, it was an 'accumulation of evidence' which led to the charge against GBC, rather than anything solid at the moment. It appears to me that this case at this stage, is largely circumstantial, particularly given that GBC has still not yet given a formal statement. Most likely gave 'no comment' answers to questions, which is his right under our law. It also appears to me that there is a possibility that there is no definite cause of death at this time. Hence further testing and evidence gathering at GBCs house last night. If there was blood in a vehicle, it had to originate somewhere, and the likely place of death was in that house. JMO.
 
BrizzychickinUSA said:
How long after the arrest of the sing family murder did the accused boyfriends court case commence?
Click to expand...

I think it was around 3 1/2 yrs...he was arrested in 2008...trial started earlier this year. Also, almost time for the jury to go out to consider verdict in this case...maybe tomorrow.
 
I personally think they have an almost air-tight case. I believe they know definitively what COD is, how it happened, and who was involved. I can't imagine them moving forward with the arrest if they were only basing their case on circumstantial evidence. That been said, the defense will try to suggest that the evidence is circumstantial.
 
marlywings said:
June 14, 2012 8:12AM

GERARD Baden-Clay will appear in Brisbane Magistrates Court sometime this morning after spending a night at the Brisbane watchhouse.
Charged on Wednesday with the murder of his wife Allison Baden-Clay and also with unlawfully interfering with a corpse, it is expected he will make a brief appearance in court on Thursday before being taken to the Arthur Gorrie Correctional Centre.

http://www.couriermail.com.au/news/...lison-baden-clay/story-e6freon6-1226394951146
Click to expand...


Look, he's moving in around the corner from me :jail:
 
True said:
Hi Peeps, I'm back, miss me? Lol

Firstly I've read back a fair few threads, but I can't find a link to where it states it was a shooting? I find this very unlikely.
Also, he was charged with interfering with a corpse. IMO I think this just means that she was already deceased when he took her from the house and IMO threw her over the bridge.

Someone also said he didn't want the body found as insurance wouldn't be paid up? Hmm no, insurance would be quicker with a body. Without a body it's harder to prove someone is actually dead. The forensics and court proceedings may string it out a little bit, but if you are not the Perp, and have been cleared, insurance IMO would be paid out quite quickly. If you thought you were going to get away with it, (which I believe he did) he would have been thinking insurance.
Click to expand...

Hey True...glad your back....

re the shooting thing....I dont think anyone saw such a thing being reported, we were just speculating as to why the police knew what she died of the moment they saw her....some say stabbing wound, some say strangulation and I thought, along with a few others, bullet holes may have been present in her body.

no evidence...unless it had been in the many posts in the weeks before that I have not had time to read....

just us trying to have a guess of what it could be....
 
BrizzychickinUSA said:
Wish it was like the states...where they are allowed to have camera's IN THE COURT HOUSE SO WE CAN WATCH THEIR EVERYMOVE...

I gotta say, I dont think them hot shot lawyers will be standing by him....cos their language of Mr Baden Clay has indicated he will be vigourously denying the allegations, seems to say that his client hasnt actually said he would be at all...that his client only indicated that to him....


anyone else thinking that way...


I think the lawyers are waiting for their next installment of cash...now its in court....that requires a bit more cash...hmmm wonder if he is able to get a little upfront cash from the insurance payout?
Click to expand...

Brizzy Chick, what insurance? They don't pay out insurance to the spouse of murder victims when they are the ones who actually committed the murder.
 
"Expert criminal lawyer Cameron Browne, of Potts Lawyers, said accused murderers rarely won bail because the gravity of the alleged offence was a judge's core consideration.

Murder cases also are unique among serious criminal charges in that discounted sentences are not available. Even those who plead guilty receive a life sentence without chance of parole for 15 years."

http://www.couriermail.com.au/news/.../story-e6freon6-1226394951146?from=public_rss

I find this interesting that discounted sentences are not available in murder cases. Didn't know this. I thought I've heard of murder cases where the convicted person was sentenced for less than 15 years, but maybe that was for a lesser charge?
 
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