Gerard Baden Clay's murder appeal

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Trooper

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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?

I don't think Gerard is in a position to be offering anything except his close attemtion.. he has been tried for murder, found guilty by a jury, convicted and sentenced... this is his appeal, a process of the court procedure, which is mandatory for anyone convicted of murder, Gerard actually doesn't have a choice as to if he will appeal or not..it is part of the process... .....

He would have to be found not guilty of murder to be in anyway offering to cop a lesser charge ( with the consequent lesser sentence).... as far as I know, this appeal isn't set up to find an alternative charge... or an alternative conviction..

Back in the day, the DPP at no stage offered Gerard anything other than a trial by jury for murder.. if Gerards barristers asked for the change of accidental death to be considered, it wasn't made public.. .. seems to me the DPP of QLD scuppered that idea from the start.. to the Police it was always a murder ....

After the Prosecutors evidence was given, as usual, and quite lawfully so, the Defence asked for the trial to be dismissed on the basis of the evidence being flimsy, but the Judge ruled the evidence made a strong case for Gerard to answer to and for and the trial continued its progress until the final outcome.. if there was ever a time for an alternative charge it was then, after the Prosecution made it's case.
 

Amee

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Kate Kyriacou ‏@KateKyriacou 33s33 seconds ago

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

Byrne says we urge upon the court to recognise the jury did have one advantage: Gerard's testimony. #badenclay



Byrne says the jury got to see Gerard deny murdering his wife and were entitled to make up their own minds. #badenclay

Byrne is discussing the scratches on Gerard's body. Crown submitted they could have been caused by strap rubbing. #badenclay

Byrne says that evidence was not relied upon. #badenclay

This article explains the four points of appeal if anyone is interested: http://www.couriermail.com.au/news/...-of-wife-allison/story-fnihsrf2-1226992075173 … #badenclay
 

Trooper

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Ha...Gerard's testimony.... ..... hard to forget it.. it was the utter essence of the man and his world..... his profound belief in his capacity to sell himself was his undoing . He actually forgot who his audience was, and thought he was attending a real estate conference... .
 

Amee

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Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Holmes puts hypothesis: What if argument, Allison scratches, he strikes her, panics and hides the body? #badenclay

Byrne says that hypothesis does not go with Gerard's constant lies about scratches on his face. #badenclay
 

Amee

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Kate Kyriacou ‏@KateKyriacou 39s39 seconds ago

The discussion at the moment between Justice Holmes and Byrne is about murder v manslaughter. #badenclay

Byrne says Gerard in his evidence did not speak of any conflict between him and Allison on the night. #badenclay
 

Amee

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Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Byrne is done. Copley is on his feet again. #badenclay

Copley says jury clearly did not believe Gerard's evidence. If they had, they would have acquited. #badenclay
 

Trooper

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So the only argument is to go for a mistrial, Trooper? From what I've seen in the tweets today, that 'aint gunna happen.

the Judge could be found to be in error.. or.. there could have been new evidence.. ( like a bushy haired stranger who was seen who left a trail of murders of women at the Kholo Bridge) .. ... what wouldn't happen is the charge being lowered to accidental death, to manslaughter.... that isn't what the appeal is about and/or isn't what its finding would refer to. .. the matter of Alisons death is forever written as a murder, unless new evidence to the contrary is shown.. what his defence is trying to do, is allude to the evidence being able to be read in different ways... nothing new about the evidence in itself...
 

Amee

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Kate Kyriacou ‏@KateKyriacou 44s44 seconds ago

Copley says it's the Crown's evidence needs to be looked at as to whether it should have resulted in conviction, not Gerard's. #badenclay

Copley says no evidence McHugh threatened or tried to blackmail Gerard. #badenclay

Copley says should it be expected every injury a wife sustains would be communicated to husband? (Talking about blood in car.) #badenclay


Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Copley says particularly this marriage, where the communication was not good. #badenclay

Copley says blood could have gotten in car some other way. #badenclay
 

Amee

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Kate Kyriacou ‏@KateKyriacou 4s4 seconds ago

Copley is done. We are done. #badenclay
 

Amee

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Kate Kyriacou ‏@KateKyriacou 56s56 seconds ago

Justice Holmes says the court will reserve its decision. #badenclay
 

Trooper

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Kate Kyriacou ‏@KateKyriacou 44s44 seconds ago

Copley says it's the Crown's evidence needs to be looked at as to whether it should have resulted in conviction, not Gerard's. #badenclay

Copley says no evidence McHugh threatened or tried to blackmail Gerard. #badenclay

Copley says should it be expected every injury a wife sustains would be communicated to husband? (Talking about blood in car.) #badenclay


Kate Kyriacou ‏@KateKyriacou 1m1 minute ago

Copley says particularly this marriage, where the communication was not good. #badenclay

Copley says blood could have gotten in car some other way. #badenclay

ooooo the interesting part of the appeal!!... this is where the rubber hits the road...
 

Amee

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had trouble posting there for a while so some of the tweets are a mess. sorry :blush:
 

alioop

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It's done. I will write up my take on it all but I feel there are serious flaws in the appeal and it won't be successful.
 

Trooper

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What I learned today... no new evidence...no violent stranger, no accomplice out of control, no third party involvement, no more crazed hints of Alison's suicidal tendencies, no miracle windfall of money that invalidated the motive, no helpful friends.....

This was a very private murder....the only one who knew it was inevitable was the murderer... Gerard had murder on his mind for so long he could no longer differentiate between reality and fantasy. Even the mistress didn't share in the actual event, but my money says she knew what was on his mind and the two of them fantasised about it to enhance their sexual encounters... no one can persuade me otherwise on that one.

And he did leave his 3 daughters alone, asleep in the dark, while he transported Alison's body to the Kholo Bridge , unloaded it, and hurled it over.. He was very offended about that suggestion during the court case, and went off on an inappropriately discombobulated manner when that was suggested to him , he turned himself inside out trying to eradicate that concept.. but he did do exactly that..
 
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