The Crown v Gerard Baden-Clay, 25th June - Trial Day 10, Week 3

[BigT]

Not sure which side this comes from as I haven't been here all day, but I think it's the defence, saying there is no case for murder, only unlawful killing. Judge discussing. Not supposed to report more, whether accredited media or not.

Don't sweat, this may be a matter of course at this stage and might come from either or both sides, to determine what the defence must prove. There are different defences that can be made for murder and manslaughter. Sentence for manslaughter (an unlawful killing) can still be up to life.

The police must prove the accused committed each offence in an unlawful killing to my understanding. Has that been adduced beyond a reasonable doubt?

 

[UnfoldingTruth]

I'm wearing a purple sweater right now! Lol. It's about as good a diagnosis as being depressed because of the colours in the wardrobe.

Ha,ha..true. I too am wearing a purple jumper.

 

[Freya1977]

He's going to plead guilty to manslaughter (or whatever the correct legal term is) IMO. Just my opinion.

 

[PrimeSuspect]

They don't really have to do they?

The evidence says she bled in the car. Doesn't link him does it?

Unless I missed it.

This is true. Wishful thinking on my part.

 

[Trooper]

WTF is going on! :tantrum:

I don't know what is going on.. I have a theory.. nothing more, and based on bugger all..


that Gerard is trying to cop a deal. a plea..


now.. wishful thinking on my part ?? about 50% of it is.. 50% of it is based on the circumstances now arising..

the thing is.. before the defence puts any witness on the stand, IF Gerard is to testify ,he has to go first.. so the decision has to be made now if he is going to do that.. He cannot go AFTER any of the defence witnesses...

 

[squizzey1]

ali , ali , what would be the sentence for unlawful killing , and interfering with a corpse , could it be up to 15 years if they were accumulated and not concurrent PLEASE

 

[Amee]

The jury saw a number admissions made by the defendant in relation to the trial, relating to generally uncontested facts, such as the timing of phone calls, the sending of emails between Bruce Overland and Toni McHugh, the purchase of cars and interviews conducted by police.

It also contained an admission that a diagram showing a unit plan that was drawn in the journal of Allison Baden-Clay was done by the hand of the accused.

http://www.couriermail.com.au/news/...ing-wife-allison/story-fnihsrf2-1226965646588

 

[Trooper]

He's going to plead guilty to manslaughter (or whatever the correct legal term is) IMO. Just my opinion.

the prosecution has to accept that plea, though. Gerard doing it is only half his problem.. .


somehow.. I don't think the prosecution will accept it.. not after 2 years and supreme court trial going on for this long.

 

[itsthevibe]

I can only say that I feel the Judge is being very thorough in considering what is being said. Judge is considering every detail of what is being said by defence to ensure that jury will be given a chance to make up their own minds. Judge is being very diligent. I won't say more, we should be careful as MarlyWings said about discussing further. Be patient. We are Websleuths and we respect the court.

 

[silverau]

Got a question: Was it closed court on Fridays for Jury and prosc and defence like they did IIRC for Cowan? Because of details of a sensitive nature? If so maybe the financials and business partners was included in that? Anyone clarify? Thanks x

 

[PrimeSuspect]

2:56pm: The defence team has raised a legal matter with Justice John Byrne

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35cn1WnQi

kay:

 

[marlywings]

The defence agreed GBC plugged his phone into charger at 1.48 am on 20/4. He can't seem to account for that either.
I really think they've got him. jmo :jail:

Yes I think so too. They've not gone anywhere near where I thought they'd go but with just that alone it may very well be enough to convict this guy.

Thinking back on Max Sica there was very little if anything to show that he murdered the three Singh siblings.

He was found guilty.

 

[UnfoldingTruth]

BBM This is significant. It contradicts him sleeping through the night. It also means he should have known if Allison was in bed or not. This is accepted by the defence also.

Yes, except that says. Gerards phone was plugged in at that time. It doesn't say he plugged it in does it? So according to defence maybe Allison could have plugged it in for him- just as he supposedly plugged in her hair rollers.

 

[Forensics]

He'll walk. No jury would convict on that evidence presented.

I feel sick.

I thought the prosecution would have at least rehashed their case to the jury. Does this only happen in the movies ?

Alioop where are you ? We need you lease:

Closing statements will be done on both sides but only after all the witnesses have given evidence and both sides close their case. Closing statements always tie everything together.

 

[squizzey1]

Don't sweat, this will be a matter of course at this stage and might come from either or both sides, to determine what the defence must prove. There are different defences that can be made for murder and manslaughter. Sentence for manslaughter (an unlawful killing) can still be up to life.

don't sweat omg soooooooooooooo hope you are right

 

[louisepiglet]

I don't know what is happening but am wondering if GBCs counsel have advised him to take a plea. They might be afraid that the jury might be swayed by all the evidence showing what an immoral nasty man he is. I know the jury should ignore this but it would be very hard.

 

[Total]

Wth is going on?!?!?!?

if this is so, this is a major major twist..

Gerard is admitting he killed her..

This!!

 

[PrimeSuspect]

Got a question: Was it closed court on Fridays for Jury and prosc and defence like they did IIRC for Cowan? Because of details of a sensitive nature? If so maybe the financials and business partners was included in that? Anyone clarify? Thanks x

Yes, each Friday.

 

[Groundedgirl]

Don't care about the charge as long as he goes away. I would however like to find,out exactly,what happened that night.

 

[JAM13]

I can only say that I feel the Judge is being very thorough in considering what is being said. Judge is considering every detail of what is being said by defence to ensure that jury will be given a chance to make up their own minds. Judge is being very diligent. I won't say more, we should be careful as MarlyWings said about discussing further. Be patient. We are Websleuths and we respect the court.

Thanks a heap for the insight itsthevibe. :seeya: