Gerard Baden Clay's murder appeal

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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.

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

Kate Kyriacou ‏@KateKyriacou 23s23 seconds ago

Defence is done. Michael Byrne is now addressing the bench. #badenclay

 

[Mountain Misst]

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?

 

[Amee]

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

 

[Judicious]

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.

 

[Amee]

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

 

[Amee]

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

 

[Amee]

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

 

[Amee]

Kate Kyriacou ‏@KateKyriacou 33s33 seconds ago

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