Justice Byrne said Mr Byrne told the jury that on the prosecution case, the accused stopped the car near the bridge and managed to get the body through the grass, drove home and parked it in the car port.
He said Mr Byrne asked the jury whether such a scenario was possible.
He said Mr Byrne submitted an absence of mud in the car was significant.
Justice Byrne said Mr Byrne argued his client had no intention of leaving his wife for Ms McHugh and it was not likely he killed his wife to be with her.
He said Mr Byrne told the jury that when the accused confessed to the affair with his wife there were no raised voices.
He said Mr Byrne told the jury they should reject a premeditated killing or a sudden explosion of temper on the night of April 19, 2012.
He said Mr Byrne argued there was no evidence his client had a violent temper.
Justice Byrne said Mr Byrne told the jury it was “ridiculous” he would murder his wife over financial pressures.
He said Mr Byrne told the jury the position of the body was below the high water mark.
He said Mr Byrne told the jury Baden-Clay never sought to conceal the marks on his face other than to say they were shaving cuts, caused by using an old razor in a hurry.
Justice Byrne said Mr Byrne argued that while experts who assessed the injuries thought they were consistent with fingernail scratches, they could not be certain the marks were not caused by a razor.
He told the jury Mr Byrne said Ms Baden-Clay was first treated by psychiatrist Dr Tom George in 2003 and had symptoms of low mood, anxiety and teary.
He said Mr Byrne argued the deceased was experiencing the same symptoms when visiting her GP in 2011.
He said Mr Byrne took the jury to the evidence of Dr Michael Schramm and psychologist Rosamund Nutting.
Justice Byrne said Relationships Australia counsellor Carmel Ritchie thought Ms Baden-Clay was a “conflict avoider”.
He said Mr Byrne argued symptoms of her past depression were recurring and there was a “high chance” she was relapsing in her depressive illness.
He said Mr Byrne told the jury that on April 18, 2012 the accused and his wife had a question and answer session about the affair at Mt Coot-tha, then returned home to news that Baden-Clay’s brother had a new baby boy.
He said Mr Byrne asked the jury to consider whether the deceased had always wanted a son and whether the new baby’s birth lead to her increasing her medication on the morning of April 19, 2012.
Justice Byrne said Mr Byrne told the jury that after Ms Baden-Clay returned home that night, they revisited questions asked at Mt Coot-tha the night before, and she stayed up, thinking about the affair when the “rawness opened up”.
He said Mr Byrne asked the jury whether it was possible Ms Baden-Clay took a tablet and went for a walk, perhaps in disorientation, and by 4am, hallucinated and “ended up in the creek”.
He said Mr Byrne told the jury Baden-Clay had no reason and no apparent means to kill his wife.
Justice Byrne said Mr Byrne told the jury his client told Ms McHugh to tell police the truth, contrary to the conduct of someone who had just killed his wife.
He said Mr Byrne contended that once you assessed the whole of the evidence you would not convict his client.
http://www.couriermail.com.au/news/...wipe-slate-clean/story-fnihsrf2-1226983491477
