Gerard Baden Clay's murder appeal

[Trooper]

Its so long ago now... and I don't even know if QLD allows a defendant, in a murder trial to choose whether he/she wants a Judge only trial or a Jury trial. Seems to me that if you get a jury trial its what verdict the jury comes down with is what it is. . Otherwise why bother with juries in any trial? What a monumental , colossal waste of money.

Why bother having all the paraphernalia of juries, the ballots, the security, all the stuff of juries if their verdicts are useless and dispensable. .. Why drag 12 people from their comfortable routines, to do one of the worst jobs of one's life , for very little compensation, for nothing? if all this can be done by 3 mysterious judges, who didn't even attend the trial.. . didn't see or hear any witnesses, didn't see or hear the defendant, didn't go into the jury room with the jurors..

what is the point?

 

[they'll get you]

I'm seeing a march against this rot happening.


A thousand people walked only a week ago at Castle Hill, NSW on behalf of the Lisa Harnum Foundation against domestic violence. Lisa's mother Joan came from England to attend so her daughter's murder wouldn't be forgotten.

What's the use of fighting for justice?

I'm grabbing a goon and camping under a bridge.

http://www.dailytelegraph.com.au/ne...omestic-violence/story-fngr8i1f-1227625440388

 

[possumheart]

I have had to tune out since this morning. Having heard the outcome I was paralysed mentally by 'what is the point'. Burned my hand on the kettle in shock. Had a gin and tonic and a good cry on my verandah at sundown and came inside to find an ant infestation the likes of which I haven't seen since before the floods.
There is some bad energy at work here.

 

[possumheart]

Hi kiwijane!

 

[possumheart]

Michael Copley QC told his appeal hearing in August that at best the evidence showed Ms Baden-Clay died during a confrontation with her husband and his actions thereafter were the result of a panic.

http://www.heraldsun.com.au/news/na...d/news-story/9a354a4f86db4e18930ad696ae5cb25d

I have been been head to head with this guy in court. Sheesh. Any more I say will be <modsnipped>

 

[McCoy]

http://www.heraldsun.com.au/news/na...d/news-story/9a354a4f86db4e18930ad696ae5cb25d

I have been been head to head with this guy in court. Sheesh. Any more I say will be <modsnipped>

It's a horrible thought that Allison may have been alive when she was taken to the creek. Surely taking someone critically injured and dumping them is intent. As we have said Gerard is not qualified to pronounce death. However if this action is excused on the grounds of "panic" what sort of society are we becoming? I'm in favour of a march too.

 

[Couldbe]

http://www.heraldsun.com.au/news/na...d/news-story/9a354a4f86db4e18930ad696ae5cb25d

I have been been head to head with this guy in court. Sheesh. Any more I say will be <modsnipped>

I can remember discussion taking place (when the Jury or Baden Clay were not present) between Justice Byrne and Baden Clay&#8217;s Defence team to clarify aspects of the charge/case. It covered clarification of premeditation and unlawful killing relating to the case. Trial recordings would be available to clarify what was actually discussed &#8230;.. if the 3 Appeal Judges wished to make use of them.

Really can&#8217;t imagine the Appeal Judges sitting through the recordings of the Trial, but it would be a thorough method &#8230;.. rather than &#8216;cherry picking&#8217; in support of an hypothesis that Gerard wasn't given the opportunity of disputing Manslaughter ....... the charge of Murder having been sorted out between the Prosecution and the Defence. JMO

 

[Freya1977]

Oh my god. I have no words. I have been hectic these days and had not been following the appeal and I really just figured it was just formality.

I've just now seen the news and had to come in and vent. I'm just sickened. I can't believe this *beeeep $#@& beeping beep&:"$& beep* Argh! Why even bother with a trial!?

 

[Oz Jen]

Oh my god. I have no words. I have been hectic these days and had not been following the appeal and I really just figured it was just formality.

I've just now seen the news and had to come in and vent. I'm just sickened. I can't believe this *beeeep $#@& beeping beep&:"$& beep* Argh! Why even bother with a trial!?

I also thought it would be a mere formality.

This is beyond words. My heart goes out to the Dickies and those beautiful girls. Allison deserves better than this.

 

[Flinders]

Front page of the Courier Mail today

Sent from my iPhone using Tapatalk

 

[Flinders]

A better picture

Sent from my iPhone using Tapatalk

 

[Ochre Blue]

Heard on ABC radio news this morning that Acting Attorney-General Cameron Dick is considering a counter-appeal. Considering the travesty of justice that unfolded yesterday at GBH appeal and the howl of community outrage that followed, this seems wise. Crossing fingers!

 

[Ochre Blue]

A better picture

Sent from my iPhone using Tapatalk

Ain't it though!
A picture tells a thousand words! Thank you!

 

[JCB]

Heard on ABC radio news this morning that Acting Attorney-General Cameron Dick is considering a counter-appeal. Considering the travesty of justice that unfolded yesterday at GBH appeal and the howl of community outrage that followed, this seems wise. Crossing fingers!

Unfortunately it won't happen, in fact it really can't happen. I understand the need for the A-G to be thorough but statements like this are just giving false hope. In theory applying for leave to the HCA is possible but in practice it NEVER happens, and this is a case where the decision of the QCA was widely expected amongst legal practitioners. There was no appealable error. It brings me no pleasure in saying this but it's just false hope being peddled by the press.

 

[Venus13]

What a load of C%#p excuse my French if it is manslaughter it was a accident that he killed her? He chose to cover it up & lie that he did it?
He knew where he had dumped her so for Allison to lay out in the open to all the elements & still lie why should he be let off with a lighter sentence?
Plus not only lying on Oath he has not named who helped him?
Thanks to Alioop for all the legal jargon meanings? :tears:

 

[Couldbe]

Unfortunately it won't happen, in fact it really can't happen. I understand the need for the A-G to be thorough but statements like this are just giving false hope. In theory applying for leave to the HCA is possible but in practice it NEVER happens, and this is a case where the decision of the QCA was widely expected amongst legal practitioners. There was no appealable error. It brings me no pleasure in saying this but it's just false hope being peddled by the press.

Although such an extremely bitter pill to swallow, I accept what you are saying; do you consider that any further charges could follow once this result becomes 'set in stone'?
..... such as Perjury by anyone who's evidence was quite to the contrary / any further charges by the Police?

 

[JCB]

What a load of C%#p excuse my French if it is manslaughter it was a accident that he killed her? He chose to cover it up & lie that he did it?

Emotional time for all no doubt but it's important to remember that the court is not saying that it was in fact accidental, only that the Crown could not prove intent. The fact that he disposed of Allison in such an undignified way and chose to play the part of the grieving husband will weigh heavily against him during sentencing.

 

[JCB]

I accept what you are saying; do you consider that any further charges could follow once this result becomes 'set in stone'

Just my opinion but no, I don't expect further charges to be laid. However I've been wrong before! I'll put it in this context though, the possibility of more charges is far greater than the possibility of an A-G appeal to the High Court.

 

[JLZ]

Unfortunately it won't happen, in fact it really can't happen. I understand the need for the A-G to be thorough but statements like this are just giving false hope. In theory applying for leave to the HCA is possible but in practice it NEVER happens, and this is a case where the decision of the QCA was widely expected amongst legal practitioners. There was no appealable error. It brings me no pleasure in saying this but it's just false hope being peddled by the press.

You were broadcasting your view that the decision is unappealable a short time after the judgement was released*. Looking over the list of High Court decisions this year, it has reviewed a criminal case every couple of months. In some cases the accused person appealed, in others the Crown. You are wrong to say it NEVER happens. The Court of Appeal took over three months to produce their Baden-Clay decision. You spent how many minutes or hours to ascertain the perfection of their work? If you have all the issues at your fingertips, pray share them. Why is the decision unappealable?

*Post #332, 17 hours ago

 

[Couldbe]

Although not 'premeditated' (although to so quickly have in his mind where he would take her body, he most likely had the idea run through his head ...... although his statements about being 'free' were there for all to see), I wonder about what 'unlawful killing' is when it is compared to Manslaughter or Murder?