The Crown v Gerard Baden-Clay, 1st July - Trial Day 13, Week 3

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Gosh, Fuller sure is ducking and weaving about!

Toldaya! It's a Cancerian kinda day for Allison - scuttling around to attack from the side then stick the claws in.

Think it might be making GBC a bit crabby too!

(ok...I'll see myself out...)
 
I for one thought Doc was more of Anthony LaPaglia's love child dressed in plaid.

Once again lovely to hear from you Her Honour!
 
David Murray @TheMurrayD · 29s
Gerard: I wasn't going to sell, was trying to placate her #badenclay



LMAO

Why would selling the business be something Toni wanted to hear such that it'd placate her?
 
Why would selling the business be something Toni wanted to hear such that it'd placate her?

Good pickup. Seems Toni couldn't have cared less about the business only the marriage.
 
Why would selling the business be something Toni wanted to hear such that it'd placate her?

I think he is taking the line that he just would say anything that sounded like it was moving towards them being together, so he could get his rocks off when he wanted, but really was stringing her along and hoping she would eventually give up. I accept that there are people like that, but it is pretty attrocious.
 
:floorlaugh: Thanks for the good laugh :) Not so sure about the "dressed in plaid" bit though - not really 'me' that. How about scrubs instead? Blue...

Hey DrWatson

Quick question

Allison's alcohol reading, was it zero?

Any suggestion she had a cocktail of alcohol and a bit of Zoloft is entirely ruled out - yes?
 
I thought Fuller was going somewhere more with the where was your phone that morning questioning and the pajamas. Do you think that was it or Gerard didn't give him the answer he wanted to use because he just kept saying "it's not in the photo"?

It sounds like Fuller intends to knock off some of the other theories - the Toni one, the suicide one - and is using Gerard to help him do it. One reason because Gerard knows them both and its in his interest to disagree so if he agrees it must be true. Gerard agrees Toni unlikely to be involved. Gerard admits suicide not something he'd thought about which points to obviously not that much a risk. It sounds like Fuller started to work on the snatched from the house or walk alternative but then proceedings wrapped up so it'll be interesting to see if he finishes this one and how he knocks it off.

I hope he asks more questions, he's done really well but it also feels like more that can be said perhaps. I suppose some is more statements and links for the closing address.

When he asked him those questions again straight about didn't he this or that and Gerard was denying it I wonder if he seemed truthful or not.

I so wish we were allowed to see the video footage of this. Pretty annoying they'll show it in court if you go in and watch in person but not on the news.
 
Thank you all SO much for the wonderful work you're doing on this thread in honour of Allison!!:loveyou:

I haven't been able to 'thank' much as I'm trying to read super speedily - but thank you all for your insightful - and often very witty - comments.:seeya:

Happy Birthday Allison. You're very much loved.
 
Good pickup. Seems Toni couldn't have cared less about the business only the marriage.

BUt the business was part of the marriage property and that would make it easier for him to get out.
 
Kate Kyriacou @KateKyriacou · 20s
The photograph shows a narrow gap between treadmill and bed. #badenclay

Never occured to me that Allison could have been using the treadmill when he attacked her.
 
I think he is taking the line that he just would say anything that sounded like it was moving towards them being together, so he could get his rocks off when he wanted, but really was stringing her along and hoping she would eventually give up. I accept that there are people like that, but it is pretty attrocious.

It feels like though he was getting to the pointy end with what he was telling her. It was no longer just "I want to be with you" but it was more specific. "I'll sell the business. I'm leaving my wife. Let's find a place. I'll be with you 1 July". It was at the point of no more excuses after that. After making those statements if he didn't follow through Toni might well pull out of the relationship and that seemed to worry him as he couldn't let her go, regardless of what he says he kept pulling her back in. I think he was trapped between two women. Trapped financially. He wanted to break out. Allison being gone freed him from her, freed him for Tony and solved the money situation.

He keeps wanting to say the relationship with Toni was over and he was committed to Allison, but the communication and relationship with Toni ran right up until the moment Allison went missing.
 
Kate Kyriacou @KateKyriacou · 26s

Fuller says Gerard hadn't stayed at home because of Allison, he'd been made redundant. #badenclay

I'm so far behind, but can't resist saying..... HA! EXACTLY!
 
Good pickup. Seems Toni couldn't have cared less about the business only the marriage.

Allison was the heartbeat of the successful business. Gerard couldn't manage a pig in a pig pen. (sorry I know this isn't any kind of metaphor but I was loving Poss's you can put lipstick on a pig ...... comment)

Of Course TM would BE SOOOOOOOOOOOO jealous that Allison had the opportunity to make the business successful when she had been denied that chance by being totally relegated as the dispensable mistress.
 
4.35pm: Gerard Baden-Clay said he did not remember telling a police officer he and his wife were “on the bones of their *advertiser censored*” on April 20, 2012.

He added they were not “flush with cash” at the time.

Crown prosecutor Todd Fuller QC honed in on Baden-Clay’s business dealings.

The accused said he had shifted from a desire to open several smaller offices to building one large, centralised office.

Baden-Clay said salaries paid to individual partners of roughly $5500 per week was not a sustainable model because money was not being reinvested back into the business.

He said the Lexus he bought was a poor financial decision, adding that his children had named it “Midi”, short for “Midnight”, or as he liked to refer to it, “a midlife crisis”.

Baden-Clay said he had a contract to purchase the rent roll of his real estate business.

He said he and his wife had some investments but by April, 2011 had not liquidated them to help the business, instead accepting $270,000 from a trio of friends.

He said his business partners wanted to close the doors in 2011 but he did not.

He agreed the business incurred significant expenses and that was compounded by the floods.

“I think without the floods we would have been able to trade out of that situation but the floods really knocked us around,” he said.

Baden-Clay agreed he bought out his partners’ share of the sales business for $1 each.

He agreed he wrote partner Jocelyn Frost a cheque for $10,000 as part of an incentive plan paid in advance but she left the business, while still owning a 50 per cent share of his rent roll.

Baden-Clay said loans from his friends were unsecured.

He agreed he was risking some of their capital.

Baden-Clay said he was still to determine how the money would be repaid as well as the terms of the agreement in April, 2012.

He said some of their discussion centred on whether his three friends and investors would take an equity share of the business down the track or a share in the rent roll.

The accused said Phil Broom and Jocelyn Frost each paid $25,000 to buy into Baden-Clay’s real estate business.

Mr Fuller asked Baden-Clay whether borrowing from his long-standing friends had put pressure on him.

The accused agreed.

Baden-Clay said he had conversations with Century 21 chairman Charles Tarbey, as well as other financial institutions, to secure finances to buy out the rent roll by a contract dated on November 23, 2011.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226972945594
 
Kate Kyriacou @KateKyriacou · 10s
Gerard says he woke up and checked his phone. Checked his emails. #badenclay

Kate Kyriacou @KateKyriacou · 35s
Fuller: I suggest to you that you did in fact have your phone. Gerard: you can suggest away, I did not. #badenclay
OMG, has as much hide as his father on the stand..the prosecution must be pronouncing his name correctly. As I haven't seen him GBC pull him up on that. Guess it was duly noted after NBC took the stand.
 
Never occured to me that Allison could have been using the treadmill when he attacked her.
Yeah where was he going with that treadmill, bed and phone charger thing?? I didn't get the climax of the point.

Thank you also to everyone for posting the tweets here today. Much appreciated, made things easier !!
 
He agreed the rent roll would cost him $300,003.

Baden-Clay said he was not able to secure the money at that point.

He said he did not remember discussing borrowing more money from his friends in order to purchase the rent roll.

The accused agreed he asked Moggill MP Dr Bruce Flegg, instead.

He said the variation of the contract was finalised on December 20, 2011, reducing the sum payable from $300,003 to just $30,000.

Baden-Clay agreed the remaining $270,000 was due on June 30, 2012 with a 90-day extension option.

The accused agreed the variation of the contract required him to pay $1200 to one partner, and $600 to the other, in the meantime.

“That was an agreed interest payment ... on the amount of moneys that was still outstanding to settle the contract,” he said.

He said if he missed a payment the whole business would revert back to its original shareholding.

“If I were indeed in such dire financial circumstances, I could roll up and depart the business relatively unscathed,” he said.

Baden-Clay said his friends went into the financial arrangement with him “with their eyes wide open” and understanding there was a risk they would lose everything.

The accused agreed Ms Susanne Heath phoned him in Dr Flegg’s stead in March, 2012.

He said Dr Flegg told him he wasn’t able to assist at that time but to contact him again.

Baden-Clay agreed he pulled Dr Flegg aside at a chamber of commerce meeting and questioned whether he had told others his business was in trouble.

He agreed he told Dr Flegg he did not want another equity partner in the business.

Baden-Clay said he did not believe he told Ms Heath he was facing bankruptcy if he could not secure a loan of $300,000 from Dr Flegg.

He said he did not cry out of a concern for his business facing bankruptcy, but because Ms Heath asked him how he was.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226972945594
 
She said: ‘How are you?’ and I remember I actually broke into tears at that moment because nobody ever asked me how I was,” he said.

“I certainly may have indicated to her that I was keen to get the funding from somewhere but I wouldn’t have indicated to her that I was going to go bankrupt,” he said.

Baden-Clay said he remembered telling his mistress Toni McHugh he would sell the business on one occasion.

“But I wasn’t going to sell the business. I was yet again saying something to her to placate her and calm her down. I mean we’ve already been through this across two phone calls, 30 minute phone calls that we had that afternoon … and by the end of the conversation it was my recollection she had calmed down a little bit,” he said.

Baden-Clay agreed he told Ms McHugh a lie that day, on April 19, 2012.

The accused agreed he had properties at Anstead and had driven over the bridge at Kholo Creek.

“That road, if you drive along it, at Mt Crosby Rd, becomes a roller coaster, I would have been aware it crossed a creek, maybe two, I wasn’t familiar with it,” he said.

Mr Fuller asked the accused about the police investigation into his wife’s disappearance on April 20, 2012.

Baden-Clay agreed both he and his sister had driven some of his wife’s walking routes, he had called his wife, her car and keys were at the house and the prospect was something serious had happened.

“My mind was in a spin, in a world of wondering what might have happened to her, obviously if she had slipped and fallen over and been knocked unconscious … really that was foremost in my mind as to what might have happened,” he said.

He agreed he was asked about the nature of his relationship with his wife.

Mr Fuller asked the accused whether there were two possibilities of what had happened to his wife: that she was taken from the house or abducted while on her walk.

Baden-Clay: “That is a possibility and there are innumerable other possibilities, too.”

He agreed police searched his backyard and told him her phone had been triangulated to an area near their home, extending out 4km.

Baden-Clay agreed he told police he had an affair, he and his wife had been to see a counsellor, they had spoken about it the night before but did not fight or argue.

He agreed police asked him about his wife’s mental health, medication she was taking and the state of their relationship.

Baden-Clay agreed the police asked questions about the scratches on their face.

He agreed the police were doing all they could do to progress their investigation into where his wife was.

“There was one point when I had been sitting at the table … when I said ‘what are we doing sitting around here, why aren’t we out looking for Allison, that’s what I want to be doing now… how are we going to find Allison if we are all standing around here?’,” he said.

He said his wife committing suicide or wandering off on medication was “not at the forefront of his mind”.

The trial will resume at 10am.

http://www.couriermail.com.au/news/...-allison-in-2012/story-fnihsrf2-1226972945594
 
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