Gerard Baden Clay's murder appeal

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Kate Kyriacou ‏@KateKyriacou 2m2 minutes ago

Court is now in session. The three justices have taken their seats. #badenclay

Copley is discussing the scratches on Gerard's face. #badenclay

Copley says the evidence did not prove that the marks on Gerard's face were made at different times by different means. #badenclay

There was evidence given at the trial that the large scratch marks were likely made at a different time to smaller marks. #badenclay
Kate Kyriacou ‏@KateKyriacou 50s51 seconds ago

Copley says one doc said there seemed to be two types of injuries on Gerard's face, suggesting, made at different times. #badenclay

Copley says one doctor testified he was unable to say "one way or another" if it was two injuries made at different times. #badenclay

Copley says a doctor said "I couldn't separate those features" when asked if injuries made at different times. #badenclay

Copley says if this is the case, how could the smaller marks be an attempt to disguise the larger ones. #badenclay

Copley asks how could the jury have drawn that conclusion if the experts couldn't be sure. #badenclay
Kate Kyriacou ‏@KateKyriacou 34s34 seconds ago

Justice Catherine Holmes asks about the doctor that said "maybe" caused at different times. #badenclay

Holmes: The case from the defence and prosecution was that the smaller marks were razor marks. #badenclay

Holmes says couldn't the jury very reasonably say the smaller marks were from a razor? #badenclay

The argument at trial was that Gerard #badenclay shaved over fingernail scratches to back up his version that he had cut himself shaving.

Copley says one expert said smaller marks were "more consistent" with being caused by a razor blade. #badenclay

Copley says expert said "not 100 per cent certain, no". #badenclay

Copley says expert also said possibly caused by fingernails. #badenclay

Copley's argument is that the jury should not have come to the conclusion that marks made at different times if experts couldn't. #badenclay

Copley says one expert said "possibly the same implement" could have caused both injuries. #badenclay
Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Copley: If experts could not conclude ... that the marks were made by different objects ... how could the jury make a conclusion? #badenclay

Copley is now discussing whether putting Allison's body at the creek means he was responsible for her death. #badenclay

Justice Holmes says why wouldn't you come to that conclusion? They were at home together. The scratches on his face. #badenclay

Copley says if the jury weren't satisfied that Gerard put the body under the bridge, they couldn't say he was the killer. #badenclay
Kate Kyriacou ‏@KateKyriacou 38s38 seconds ago

Copley is now talking about the blood stain in the car. #badenclay

Copley says the jury assumed the blood in the Captiva meant the car was used to move her body to the creek. #badenclay

Justice Holmes is asking many questions of the defence. #badenclay

Justice Homes says the jury could have thought, not convinced it was this car, but he got her there somehow. #badenclay

Copley says it's a link in the chain of establishing he conveyed her body from the house to the creek. #badenclay

Justice Hugh Fraser asks why the jury can't accept it or not accept it within the body of evidence? #badenclay
Kate Kyriacou ‏@KateKyriacou now

Copley discussing the last point of appeal: conviction of murder was unreasonable under the circumstances. #badenclay

Copley: What evidence was there that elevated the case from an unlawful killing to an intentional killing? #badenclay

Copley says there was no evidence of premeditation. #badenclay

Copley says court was told there was uncharacteristic conduct engaged in by my client. #badenclay

Copley says no evidence that there had ever been violence between the parties. #badenclay

Copley says there was nothing to suggest either party in marriage was an abuser of illicit substances or alcohol. #badenclay

Copley says court told there were pressures coming together. One was pressure from Toni McHugh, his mistress. #badenclay
Kate Kyriacou ‏@KateKyriacou 52s53 seconds ago

Copley says there was evidence in the emails to McHugh that he was going to leave his wife. #badenclay

However, Copley says evidence closer to her death, talking to counsellor, that he wanted to build a future with Allison. #badenclay

However, Copley says evidence closer to her death, talking to counsellor, that he wanted to build a future with Allison. #badenclay

Copley says the affair was discovered earlier. He didn't move away. He stayed in the marriage with his wife. #badenclay

Copley says the idea he was about to leave is not sustainable. He'd already told her in the past he didn't love her. #badenclay
Kate Kyriacou ‏@KateKyriacou 3m3 minutes ago

Copley: The marriage goes on. And he's going to counselling. #badenclay

Copley says the counsellor ordered discussions were not necessarily putting more pressure on him. #badenclay

Copley is talking about the money Gerard owed to three mates. Says they weren't fussed about being paid back. #badenclay

Copley says nothing had changed with finances. He was under pressure but had been for a while. Nothing new. #badenclay

Copley says the couple's daughters were at home and did not hear any violence, fighting or screaming that night.
Kate Kyriacou ‏@KateKyriacou 2m2 minutes ago

Copley says no blood in the house, no evidence of cleanup. No evidence of serious violence. #badenclay

Copley says the scratches on Gerard's face "don't reveal anything at all" about the intention he had if there was confrontation. #badenclay

Copley: They don't reveal why she scratched his face. #badenclay

Copley says Crown said they were caused from Allison fighting for her life. Copley says hypothesis only. #badenclay

Copley says possibly inflicted in anger. Possibly inflicted during a struggle. #badenclay

Copley says the doctor could not come up with a cause of death. Suggests unintentional death. #badenclay

Justice Holmes asks about signs of trauma to the body. Possible damage to chest wall. #badenclay

Copley says putting an arm over her face to get her away could have stopped the breath. Justice Holmes: Not very compelling. #badenclay

Justice Holmes points out that Crown says marks on face could have pointed to murder or manslaughter. #badenclay

Copley says the jury could not have found that marks on face pointed to intent. Everything attributable to panic. #badenclay

Copley says the evidence about screams in the night was neutralised when neighbour appeared. #badenclay

*Neighbour testified her daughter screamed after walking through a spider's web. #badenclay

Copley says Crown case is a theory that pressures were increasing. #badenclay

Copley says Crown case was there was a "chance" Allison and Gerard's mistress could cross paths. #badenclay
Kate Kyriacou ‏@KateKyriacou 45s46 seconds ago

Justice Holmes says Gerard having to warn Allison could explain a confrontation. #badenclay

Copley says there was no evidence that the deceased had sustained any injuries to her face or neck explaining how she died. #badenclay

Copley says jury was told they could make inference in Gerard leaving Allison's body at the creek. #badenclay

Copley says there was no evidence to suggest that if Allison's body had been examined right away, there would have been injuries. #badenclay
Kate Kyriacou ‏@KateKyriacou 21s21 seconds ago

Copley just made point, added that it was the "defence submission". Holmes: You'd be pretty thick if you couldn't pick that up." #badenclay

Copley laughs, says he wasn't suggesting that she is. #badenclay

Copley says he acknowledges that there was a lot of facial decomposition. #badenclay

Copley says to suggest there were any facial injuries is mere speculation. #badenclay

Copley says marks on Gerard's chest and shoulder were not referred to in the summing up, for good reason. #badenclay

Copley is referring to arguments made in their "no case submission" which was made during trial, with jury out of room. #badenclay

Copley says case was Allison was unable to cause any injury to him, other than the face. #badenclay

Copley says they cannot rely on injuries to Gerard's body because they all had reasonable explanations. #badenclay
Kate Kyriacou ‏@KateKyriacou 43s44 seconds ago

Justice Holmes asks whether anything was said in summing up about injuries to body indicating consciousness of guilt. #badenclay

Copley says Gerard explained a caterpillar got into his shirt at children's cross country. Seen scratching at his chest. #badenclay
Kate Kyriacou ‏@KateKyriacou 23s23 seconds ago

Defence is done. Michael Byrne is now addressing the bench. #badenclay
Thanks Amee - appreciate your relaying tweets. IMO there is a possibility of GBC offering to accept manslaughter as a trade-off to reduce his sentence. Anyone else reading this between the lines?
Kate Kyriacou ‏@KateKyriacou 4m4 minutes ago

Byrne says Dr Hoskins testified larger marks 6 - 24 hours old, smaller ones less than 6 hours. #badenclay

Byrne says it's an imprecise science but possible time frames say finer marks about 7am. Larger injuries older. #badenclay

Byrne says there was recognition larger abrasions had the appearance of being older than the finer marks. #badenclay

Byrne says it was open to the jury to accept that they had occurred at different times. #badenclay

Byrne says it was open to the jury to consider the larger marks were caused by fingernails. #badenclay

Byrne says Gerard's claim was that all of the injuries were caused by shaving. That's what he told the doctors. #badenclay

Byrne says it was up to the jury to consider the finer marks were from a razor blade. Nothing else was put to them. #badenclay

Byrne says the jurors were entitled to look at exhibits showing scratches and decide whether they accepted evidence from experts. #badenclay

Byrne says there was sufficient evidence for the jury to convict and lack of firm opinion from experts was inconsequential. #badenclay
MO there is a possibility of GBC offering to accept manslaughter as a trade-off to reduce his sentence. Anyone else reading this between the lines?

I think he's the type of person where his ego' will stand in his way and he will forever say "I'm innocent, the Caterpillar did it" ....sorry for the double post.
Kate Kyriacou ‏@KateKyriacou 46s46 seconds ago

Byrne says if the jury decided Gerard had killed Allison, they were able to accept he took her body to creek. #badenclay

Byrne says there was no suggestion anyone else took her body there. #badenclay

Byrne says the inference then was that he used to Captiva because the blood was in it. #badenclay

Byrne says "we will never know truly when and where that occured" regarding Allison's death. #badenclay

Byrne says it was a meeting of many circumstances at the one time. #badenclay

Byrne says there was the evidence of motive, including the increasing pressures. #badenclay

Byrne says pressures around possible meeting of wife and mistress, financial pressures. #badenclay

Byrne says there is the leaf debris, which was significant. #badenclay

Byrne says six kinds of leaves entwined in Allison's hair all found by carport important evidence. #badenclay
Kate Kyriacou ‏@KateKyriacou 44s44 seconds ago

Byrne says significantly cat's claw creeper, growing by carport, were live leaves. Pulled from plant and not on ground. #badenclay

Byrne says the use of the Captiva itself is unremarkable. #badenclay

Byrne says it was open to jury to find that Gerard was criminally liable for the death of Allison, even without blood in Captiva. #badenclay

Byrne says death occurred at the house. She could not have gotten 13km from the house without Gerard. #badenclay

Byrne says it had to be by car. Distance too great for pedestrian journey and to get back in time. #badenclay

Byrne says whether it was by Captiva or another car, doesn't matter. #badenclay

Byrne says it was a new car and nobody was aware of Allison getting blood in car for any other reason. #badenclay

Byrne says children had never seen parents in back of car. Third row of seats rarely used. #badenclay
Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Captiva usually driven by Allison. Byrne says jury was entitled to consider Allison would not have gotten in third row of seats. #badenclay

Byrne says blood was in rivulets, running down side trim. #badenclay

Byrne says jury could assume Gerard drove her body to creek but didn't need to prove it beyond reasonable doubt. #badenclay

Byrne says if the jury agreed Allison had bled in the car after her death, they were entitled to assume there was some injury. #badenclay

Byrne says the Crown case at trial was that she was killed at the house. #badenclay

Byrne says the accumulation of circumstances pointed strongly to her being killed at the house. #badenclay

Byrne says the scratches are evidence of conflict. Leaves, blood in car, attempts to conceal stratches. #badenclay

Byrne says all indications point to death at house. Gerard was at the house. #badenclay

Byrne says financial pressure, relationship pressure had not remained the same. All building up. #badenclay

Byrne says very real risk Allison and "volatile" mistress would meet at conference next day. #badenclay

Byrne says there was continual juggling of two women in his life. #badenclay
Kate Kyriacou ‏@KateKyriacou 33s33 seconds ago

Byrne says all features that impacted on his daily existence. Coalesced on that night in April 2012. #badenclay
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