NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#28

Discussion in 'Allison Baden-Clay General Discussion Threads' started by SoSueMe, May 18, 2012.

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  1. SoSueMe

    SoSueMe Former Member

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    Thank you for joining Websleuths! :welcome3:​


    Please remember the following when discussing the Allison Baden-Clay case:
    Websleuths is a moderated forum. We strive to discuss cases in a friendly environment.

    Our rules can be reviewed here: The Rules (PLEASE make sure you know the rules!)


    Currently, we are considering Allison's husband to be a suspected person of interest in this case. There is a possible second party involved per MSM and it is okay to discuss that aspect, but please refrain from accusing anyone of murder at this juncture. Speculating is one thing, accusing is another.


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    Thread 27



    REMEMBER: No cutting and pasting of comments from other social or media websites. You may paraphrase and provide a link.

    The only social media sites allowed are those belonging to the victim, Gerard Baden-Clay and any named (by law enforcement) POI or Suspect, or site created and devoted to the murder of Allison.


    Media/Timeline Reference Thread: CLICK HERE



    CHAT ROOM: not for case discussion!




    [​IMG]
    http://www.smartwebby.com/images/tutorials/fireworks/Autoshape/pic_sunflower_bokay.jpg
     


  2. Kimster

    Kimster Former Member

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    [​IMG]

    Have you read the two previous posts? If not, read them now.
    By posting on this thread, you are stating you know the rules!
     
  3. Kimster

    Kimster Former Member

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    ANYONE who posts facts and IS NOT a verified professional MUST POST A LINK TO VERIFY THE INFORMATION!

    Any post without this procedure will result in the post being removed without explanation and repeated violations could result in a loss of posting privileges.
     
  4. imamaze

    imamaze Former Member

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    We have a detailed, formal Terms of Service (TOS) posted separately, and that TOS is what you will be held to as a member here. It's long and detailed because it has to be in the world we live in, and you are expected to read it, understand it and abide by it. However, we can sum it up as follows:

    1) Be a decent human being;
    2) Treat your fellow posters as the decent human beings they are;
    3) Keep in mind that whatever you post will likely live on forever, so think before you press "Submit Reply".
    4) It's a big world. People will disagree with you. You will disagree with them. This can be done with respect, and that's what we expect.
    [​IMG]

    Please continue here...
     
  5. imamaze

    imamaze Former Member

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    Please continue here...
     
  6. Lu-Lu

    Lu-Lu New Member

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    Numero Uno :)
     
  7. willough

    willough New Member

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    Tis like winning BINGO!!!!! giggles
     
  8. bellgirl

    bellgirl New Member

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    ..... ok 5 mins of silence - no one saying anything - we need to get to bed! Goodnight, sleep tight great posters. :eek:fftobed:
     
  9. Nads

    Nads New Member

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  10. Humdinger

    Humdinger Active Member

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    I've been wondering about GBC.... Who is he, what is he like, how does he put himself across to people?
    I know that a lot of us have our opinions - I sure as heck do, but I'm wondering if those that did meet him or know him could give us some insight.

    I guess I'm interested in the basics, is his voice soft like in the interview or is he normally jovial and confident? Does he have a decent handshake? Does he like to plan things or is he a spur of the moment kind of guy?

    If anyone could enlighten me /us I'd sure appreciate it! I guess in my head I have this image, I'm just trying to work out how accurate I am.

    TIA
     
  11. Wonder Woman

    Wonder Woman New Member

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    Kimster, in Australia, IMO, the right against self incrimination is not specified in the Australian Constitution. Australia has a common law (judge made law) right against self incrimination. IMO, this right against self-incrimination provides an immunity from an individual's obligation to provide information that goes to prove their own guilt. Refer to the Australian High Court case of Sorby and Another v The Commonwealth of Australia and Others (1983) 152 CLR 281. As the law currently stands, the right against self incrimination may be overturned by federal, state or territory legislation.

    IMO, the right against self incrimination does not mean that a person has the right to not answer any questions whatsoever. Under the right against self incrimination, a person is not required to provide information that may expose that person to conviction for a crime. A person may still be compelled by legislation to provide information, for example, a person’s full name, address and produce proof of identification eg. Drivers Licence. Also, a law enforcement agency may have the power under legislation to take a person's finger print, blood and hair samples in certain circumstances eg. by either consent or Court Order.

    As CaseClosed said in Post 802 of Thread 27, Australia also has a right to silence. IMO, the right to silence is broader than the right against self incrimination. A person's right to remain silent applies, for instance, when being questioned by the Police in a criminal matter. That is, the Police cannot force a person to speak to them about anything except matters required by legislation to be responded to, such as the person’s name and address.

    IMO, the right to silence also extends to criminal trials in which the defendant does not have to give evidence. If, however, a defendant chooses to give evidence in Court and thereby foregoes their right to silence, the Prosecution may cross examine the defendant. MOO :moo:
     
  12. Mani

    Mani New Member

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    Kimster,

    We don't have a Bill of Rights in our Constitution, so I can't imagine why he was looking up the fifth amendment.

    What it says to me, is that he doesn't have a good grasp of the law and he was naive in thinking he could talk his way out of this mess IMO.
     
  13. KG1

    KG1 Registered user

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    Who won the cricket at Brookfield today, sorry yesterday now? Great effort with the fundraiser in excess of $20,000. Great community, great spirit.
     
  14. Nads

    Nads New Member

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    Don't they still have to say you have the right to remain silent when they are arresting people on Australian police shows? I thought they did, but with slightly different wording from the US.
     
  15. me 2

    me 2 New Member

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    Hello all, I am unsure if this will be of any interest to you, I found it very interesting.

    http://expertrealestate.blogspot.com.au/2008/02/making-history.html
    http://www.didp.com.au/index.cfm?action=home:page.adam-bayden-clay
    http://www.scoutscan.com/issues/2007annualreport.pdf:what::waitasec:
     
  16. Nads

    Nads New Member

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  17. Nads

    Nads New Member

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    You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?

    [ame="http://en.wikipedia.org/wiki/Miranda_warning"]Miranda warning - Wikipedia, the free encyclopedia[/ame]
     
  18. Trooper

    Trooper On Time Out

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    • the police officer states ‘you are under arrest’ (or similar words);
    • the police officer states the reason for the arrest; and
    • you either voluntarily give in to the offi cer’s control, or are
    physically subdued by the police offi cer.
    Sometimes, the police will only tell you that you are under arrest
    after they physically take charge of you.
    You may be arrested by the police if they have a warrant (that is,
    written authorisation from the court signed by a judge, magistrate
    or justice) for your arrest.
     
  19. Trooper

    Trooper On Time Out

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    Despite a widely-held belief that police must ‘read you your
    rights’ before arresting you, in fact, the Queensland police are not
    required to give you a warning prior to arresting you. Sometimes
    police offi cers will advise you about certain rights you have before
    arrest; however, police are not required to caution you about your
    right to silence unless they want to question you as a suspect
    about your involvement in an indictable offence.19
    Queensland’s criminal law system should not be confused with the
    American legal system that is so often presented on television, with
    it’s ‘Miranda warning’ requirement, which is quite different to the
    legal processes here.
    The police in Queensland normally must tell you (a) that you are
    under arrest and (b) the basis of your arrest. You should always
    ask the police offi cer if you are under arrest and why if it is not
    clear. Remember what they say and when they say it, and write the
    details down as soon as possible.
     
  20. Trooper

    Trooper On Time Out

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    what the police usually say to one of my brothers friends, is, ...

    'you know the routine, Brett.'

    and thats all they say, actually. And they are right. he knows it.
     
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