The Crown v Gerard Baden-Clay, 9th July - Trial Day 17

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Oh my god I didn't dream it!!! I swore I heard a couple of snores come from her, then I thought she was stifling a sneeze or something - I didn't think she could have possibly fallen asleep... Unreal!

I feel extremely sorry for her. She must be getting on in age and this has to be an extremely traumatic time for her.

I know this family have come across as unlikeable. And many of you think they are involved in the crime and or the coverup.

They might just be innocent and caught in a nightmare.


Sent from my iPhone using Tapatalk
 
With regards to Mrs BC falling asleep in court, I really feel that she is on some type of medication. The day I was in court and sat behind her and watched her walk in and out and back in again I thought that her eyes were puffy and her smile was a forced smile. She seemed to be 'fake it till you make it' happy.
I wouldn't be surprised if she was on some sort of sedative or antidepressant herself.

If you compare photos of her at Allisons funeral and those taken outside the court she ( in my opinion ) has most certainly put on weight in her face. Some medications can do that
FOOD does it too. She may be eating to relieve stress....
 
DAY 17 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS

Continued...

• At 6.44am he calls his parents. Doesn't put the kids in the car and do some laps - Fuller #badenclay
• Requires his father to come over - Fuller #badenclay
• He calls police, Indooroopilly, before he has looked for his wife - Fuller #badenclay
• A 7.09am he rings staff member Kate Rankin - Fuller #badenclay
• Nigel arrives at his house. At 7.11am he's talking to his sister - Fuller #badenclay
• He and his sister check the area. It's 7.15am, some calls unanswered, a couple of texts not responded to - Fuller #badenclay
• Fuller says Gerard tried calling a police officer he knew before searching the streets for her. #badenclay
• Fuller says it was a 24 hour station. He would have gotten a recorded message and options to be put through. #badenclay
• Fuller says Nigel arrived at the house, Gerard takes the Captiva. #badenclay
• Fuller says Gerard and his sister searched the area, no sign of her. #badenclay
• Fuller says it's now 7.15am. A number of calls unanswered, a couple of texts not responded to. An unsuccessful search. #badenclay
• Fuller says Gerard made a Triple 0 call on the side of the road. Goes home, reverses the car in. #badenclay
• Fuller says the police arrive at 8am. #badenclay
• Fuller says Gerard claimed he answered all questions from police but says he declined to make a statement. #badenclay
• Fuller says the jury has heard Gerard's voice on tapes, during interviews. It's for them to determine what level of anxiety. #badenclay
• Fuller says Gerard told police he did not know whether Allison came to bed. #badenclay
• Fuller says Gerard told them about the affair. He didn't want his father to know. #badenclay
• Fuller says Gerard rang his own family, his own friends, made work calls, before ringing Allison's friends, family. #badencla
• Fuller says the jury has heard Gerard's voice on tapes, during interviews. It's for them to determine what level of anxiety. #badenclay
• Fuller says Gerard told police he did not know whether Allison came to bed. #badenclay
• Fuller says Gerard told them about the affair. He didn't want his father to know. #badenclay
• Fuller says Gerard rang his own family, his own friends, made work calls, before ringing Allison's friends, family. #badenclay
• He makes a 000 call from the road. Doesn't want to be alarmist but urgently makes the call - Fuller #badenclay
• His father is concerned, advises him to get a lawyer - Fuller #badenclay
• Police arrive at the time Allison should be meeting Kate Rankin at work - Fuller #badenclay
• You've heard his voice, you determine how anxious he was - Fuller #badenclay
• Police constable asked to speak to him privately. He's unsure where his wife walks - Fuller #badenclay
• He was unsure if she'd been in bed beside him. Immediately speaks of affair - Fuller #badenclay
• No phone calls to her two best friends. He doesn't call them until he's rung his friend later - Fuller #badenclay
• Next group of police arrive 20 minutes later. More police a while after that - Fuller #badenclay
• Fuller says by the time more police arrived, three and a half hours on, it must have been something more sinister. #badenclay
• Fuller says Gerard told police it was out of character for Allison to disappear, never done anything like that before. #badenclay
• Fuller says by the time more police arrived, three and a half hours on, it must have been something more sinister. #badenclay
• Fuller says Gerard told police it was out of character for Allison to disappear, never done anything like that before. #badenclay
• Fuller says Gerard described his wife's mental health as good. He didn't even know if she was still on medication. #badenclay
• Fuller says Gerard said Allison was "all better now". #badenclay
• Fuller says Gerard made no reference to any adverse reactions to her medication. #badenclay
• Fuller says in this trial, the mental health issue has been amplified to justify what he did. #badenclay
• Fuller says Gerard described his wife's mental health as good. He didn't even know if she was still on medication. #badenclay
• Fuller says Gerard said Allison was "all better now". #badenclay
• Fuller says Gerard made no reference to any adverse reactions to her medication. #badenclay
• Fuller says in this trial, the mental health issue has been amplified to justify what he did. #badenclay
• Fuller says if there was any risk of any mental health problems, that's when we would have heard about them (April 20). #badenclay
• Fuller says according to Gerard, there was nothing to explain why his wife wasn't home. She's gone for a walk, would be back soon.#badenclay
• Fuller says no mention of the conversation with Toni the night before. Only Toni McHugh knows about that. #badenclay
• Fuller asks was Allison likely to stay up late watching the Footy Show on the couch when she had a big day the next day? #badenclay
• Fuller asks would Allison have spent the night on the couch when she had a big day the next day? #badenclay
• Fuller says was she likely to go for a walk that morning when she was time poor, Gerard had agreed to get girls ready. #badenclay
• Fuller: So she didn't have time for the school drop off when the school's not very far away. #badenclay
• Fuller says it was highly unlikely that on the morning of the 20th April, 2012, Allison would be walking streets of Brookfield. #badenclay
• Fuller says Gerard told police that morning, twice, we had our 15 minutes "last night". #badenclay
• He knows one of the officers. He might have thought something sinister had happened by now - Fuller #badenclay
• He said it was out of character for her to be away, never done it before - Fuller #badenclay
• She'd reduced her dosage of Zoloft, had been on and off - Fuller #badenclay
• His chance to tell police all he could to help them find her, makes no mention of her mental health or adverse reaction- Fuller #badenclay
• Yet in this trial all those things have been amplified, all out of proportion - Fuller #badenclay
• There is nothing that would explain why his wife wasn't home - Fuller #badenclay
• He touches on affair, talks about rebuilding, then talks about the night before - Fuller #badenclay
• Is it likely Allison went for a walk when she had the conference - Fuller #badenclay
• She didn't have time for the school drop off because she had to be somewhere by 8am - Fuller #badenclay
• She didn't have time for the school drop off because she had to be somewhere by 8am - Fuller #badenclay
• Fuller says Gerard was at great pains to tell police "nothing came out of" the 15 minute session. "It was all good." #badenclay
• Fuller says in those circumstances it's unlikely Allison would have been walking the streets of Brookfield #badenclay
• He tells police in two interviews that day they had 15 minutes talk 'last night'. He doesn't mention April 18 then - Fuller #badenclay
• Todd Fuller flicks through a copy of Allison's journal #badenclay
• Fuller says Gerard was at great pains to tell police "nothing came out of" the 15 minute session. "It was all good." #badenclay
• Fuller says Gerard told police the truth that day. Allison hadn't asked the question on April 18. They were done on the 19th. #badenclay
• Fuller says Allison's questions about his affair were quite rudimentary. Movies, driving together, how many times? #badenclay
• Fuller: Did you kiss and hug, were you scared of being seen together, were the seats down, did you lie there afterwards? #badenclay
• Fuller: Place yourself in Mr Baden-Clay's position. The sordid detail of it. #badenclay
• These questions were asked on April 19, before Allison went missing - Fuller #badenclay
• Allison was trying to get the parameters of the relationship with Toni, and contrast with their own life together - Fuller #badenclay
• In the journal she prepared questions about the movies he went to with Toni - Fuller #badenclay
• Were the seats down in Snowy, the Prado - Fuller #badenclay
• Do you think that happens on the 18th and they come home to their parents and everything is fine - Fuller #badenclay
• Fuller says if the 18th is correct, why did they leave the house to ask and answer the questions. Children already in bed. #badenclay
• Other questions. The layout of her house. Birthdays. How paid for hotels #badenclay
• As background, Gerard told the court he and Allison drove to Mt Coot-tha on April 18 for 15 min session, his parents babysat. #badenclay
• Fuller is reading from Allison's list. "I couldn't go back to her even if I wanted to". #badenclay
• Allison's journal: "I couldn't go back to her even if I wanted to." Fuller suggests Gerard #badenclay said that and his wife noted it down.
• Fuller says that's not a question. That's a statement from Gerard. #badenclay
• Fuller says Gerard has made that statement. Contrast that with the emails. #badenclay
• Fuller: If he made that statement to her, it was simply a lie. #badenclay
• Fuller says Toni McHugh made her choices back in 2008 when she left her partner and found her own place to live. #badenclay
• Fuller says, coincidentally, a picture of Toni's place was on the next page of Allison's journal. #badenclay
• Fuller says it took Gerard hours to call Allison's parents. A major search was already underway. #badenclay
• Fuller says just after 9am, he calls his three friends, the ones who had lent him money. At 9.58am he calls Kerry-Anne Walker. #badenclay
• Fuller says when he speaks to Toni, she asks "did you argue". She knows what the conflict was likely to be. #badenclay
• Fuller says Gerard tells Toni to lay low. #badenclay
• Fuller says the next day he tells Toni to tell the truth to police. What option did he have? #badenclay
• Fuller says he knows the police are looking at him. They're taking photos of his injuries. #badenclay
• Fuller says if he'd told her to lie, it would have all unravelled. #badenclay
• Fuller - #badenclay knew Toni McHugh was 'unconditionally' his. All he had to do was pick up the phone and tell her he was ready.
• We're having a short break. #badenclay
• BREAK
• Gerard called Toni McHugh April 21,asked if she'd told police they were still together - Fuller #badenclay
• Gerard called Toni McHugh April 21,asked if she'd told police they were still together - Fuller
• We're back. Fuller is talking about Gerard's contact with Toni after Allison went missing. #badenclay
• Fuller says Gerard contacts Toni again. It's not her contacting him. He tells her he loves her. #badenclay
• Fuller says Toni deletes her emails and texts. #badenclay
• Fuller says Gerard then wants to meet with her. Explain to her about the other affairs. #badenclay
• Fuller says is this someone who just placates? Or does he have real affection for her? #badenclayFuller says Gerard told her to "fall in love with somebody else" because "things weren't looking good for him". #badenclay
• Fuller says Gerard was finally walking away from Toni McHugh because of the circumstances he found himself in. #badenclay
• Fuller says Gerard had manipulated her throughout their relationship. #badenclay
• Fuller says he engaged in deceptive and manipulative behaviour across all his relationship with her. #badenclay
• Fuller says it's all about him, his life, his business, his needs. #badenclay
• Kate Kyriacou @KateKyriacou • 15s
• Fuller is showing the court a page from Allison's journal. #badenclay
• The diary mentions a large portrait with Toni. #badenclay
• Fuller says we know how Allison feels. She still gets sick in her stomach. #badenclay
• Fuller says he had the opportunity. He has the scratches on his cheek. He lies about them, attempts to disguise them. #badenclay
• Fuller says Gerard hasn't changed after his behaviour is exposed. #badenclay
• Fuller says we have it in black and white, the emails, the tension between Gerard and Toni. #badenclay
• Fuller says we have the financial strain, the debts to be called in. #badenclay
• Fuller says we have the real prospect of Allison and Toni coming together, real prospect of him being exposed. #badenclay
• Fuller: The way he's been exposed in this trial. #badenclay
• Fuller says we have the real prospect of Allison not being willing to forgive him a second time. #badenclay
• He wants to see her, they meet up - Fuller
• They talk. Police had told Toni about two other women - Fuller
• He told her to fall in love with somebody else. Because things weren't looking good for him - Fuller
• The man who claimed he tried to break up with her so many times - Fuller
• Throughout their relationship he has manipulated her, done what he had to, to keep it from others - Fuller
• A man who admits to you he was willing to do and say whatever he needs to - Fuller
• He was confident there would be no consequences, in the loyalty of Toni - Fuller
• It's all about him, his life, his business, his needs - Fuller #
• A page from Allison's journal shown to the court - Fuller
• She writes of a large portrait of Toni McHugh. That it all started after her 40th birthday - Fuller #
• We know how she feels. The last thing she writes. That she still gets sick in the stomach - Fuller
• He has the scratches on his right cheek. He lies about them. Attempts to disguise them - Fuller
• Fuller says this is not about Allison's mental health, her drug taking, walking off inexplicably in the night. #badenclay
• Fuller says they might think it highly unusual for someone with a history of sertraline use to suddenly overdose. #badenclay
• Fuller says they might think it highly unusual the plants in her hair were all from the Brookfield Rd house. #badenclay
• Fuller says they might think it highly unusual for her blood to be in the car. #badenclay
• Long term tension with his wife. That tension is evident in her diary, and how she feels - Fuller
• We have it in black and white in his emails to Toni McHugh - Fuller
• We have the real prospect of his wife reacting badly, of being unwilling to forgive him a second time - Fuller
• This wasn't about Allison. This was a man having to deal with the consequences of his own actions - Fuller
• Perhaps he felt he had no other choice, then to take his wife's life
• Calmly and rationally decided to cover it up - Fuller
• Fuller says is it highly unusual for him to have killed his wife? No, that's what he did. #badenclay
• Fuller: It was close, it was personal, it was violent. #badenclay
• Highly unusual for a depressive episode that night, for Sertraline overdose - Fuller
• Of all mornings for him to suffer that shaving scratch - Fuller
• For his wife's blood to be in the car - Fuller
• For his phone to be plugged in at 1.48am - Fuller
• Is it highly unusual he killed his wife. The Crown says to you it wasn't - Fuller
• It was close, it was personal, it was violent. But it was effective - Fuller
• Fuller says Gerard was frustrated, the double life, the daily deceptions, the risk of it all coming crashing down. #badenclay
• Fuller: He just wanted to wipe the slate clean. #badenclay
• And Todd Fuller is done. #badenclay
• Justice Byrne has begun his summing up. #badenclay
• Justice Byrne tells the jury their role is to determine on the evidence whether he is guilty or not guilty. #badenclay
• Judge says he must now sum up and then they will retire and consider their verdict. #badenclay
• What could have been in this man's mind. The frustrations of his marriage, the double life, the daily deceptions - Fuller
• He just wanted to wipe the slate clean. Thank you, Your Honour. Todd Fuller QC completes his closing
• Justice John Byrne addressing the jury. Your role is to determine if he is guilty or not guilty
 
Yes that's the last activity on her phone. It connected to the internet, but doesn't mean someone was actually using the phone. Smart phones access data for many things such as updates etc, or say, if an app isn't shut down.

It wasn't 13 mins, it was 13 hrs. But this amount of time was not unusual. An Internet session on the 18th at 11pm on Allison's phone lasted 31 hours.
 
DAY 17 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS

Continued...


• Justice John Byrne gets straight into his summing up of the case to the jury.
• Judge says they must abide by his instructions. #badenclay
• Byrne says they must decide what evidence they accept, then apply the law. #badenclay
• Judge: You are the sole judges of the facts. #badenclay
• Judge says they must strike a unanimous verdict. #badenclay
• Summing up. You must apply all directions - Justice Byrne
• Judge says their verdict must be on the evidence and only on the evidence. #badenclay
• Judge says the exhibits will all be available in the jury room. #badenclay
• Justice Byrne to jury: You must strive for a unanimous verdict. #badenclay
• Justice Byrne: You are the sole judges of the facts.
• Gerard Baden-Clay showing no emotion as the Crown completes closing and Justice Byrne begins summing up
• The judge is explaining what makes evidence. Answers from witnesses only. Not statements from lawyers. #badenclay
• Judge says the jury is to ignore any information they may have read or heard about the case outside of the courtroom. #badenclay
• Justice Byrne is one of the Queensland Supreme Court's most experienced and senior judges. He's explaining to the jury the law. #badenclay
• "It's of critical importance" that you ignore outside information. Only evidence, led in court, is to be considered - judge. #badenclay
• Judge now instructing jury - final stage before they go out to deliberate. We are at the pointy end! @9NewsBrisbane #badenclay
• Judge is telling the jury they must ignore social networking, including Twitter, Facebook, Youtube. #badenclay
• Judge says they must not visit the scene or anywhere else of relevance. #badenclay
• Katrina Blowers ‏@katrinablowers 39s
• #badenclay jury told not to research or ask qns about anything via twitter, email, blogs, websites, Facebook etc. @7NewsBrisbane
• Justice Byrne warns jury not to look at Facebook, Twitter, LinkedIn, YouTube, to answer questions about the trial #badenclay
• Judge says it would be unjust for them to consider any information outside of the courtroom. #badenclay
• Judge says it is a criminal offence punishable by imprisonment for a juror to inquire about an accused person. #badenclay
• Judge: You are not detectives, you are judges of the facts. #badenclay
• Judge says in the past trials have been abandoned because jurors have looked things up on the internet. #badenclay
• Justice Byrne: You are the sole judges of the facts.
• Justice Byrne is explaining to jury what is, and isn't, evidence.
• 'Decide the case exclusively on the evidence.' Critical importance to put aside anything outside the court room Justice Byrne
• You cannot take into account information from any source outside this court - Justice Byrne
• Justice Byrne tells jury not to be influenced by anything outside of the trial.
• Judge says in the past trials have been abandoned because jurors have looked things up on the internet. #badenclay
• It is a criminal offence punishable by imprisonment to inquire about an accused, Justice Byrne tells the jury #badenclay
• Justice John Byrne is summing up, with jurors also following his comments on screens in court
• Byrne: you cannot take into acc, allow yourself to be influenced by, info from any source other than that permitted in courtroom

• Byrne: you must not permit somebody else to make inquiries on your behalf.
• Information in the public arena is not always accurate, often misleading, sometimes plain wrong - Justice Byrne
• Unjust for you to consider information outside court. Prosecution and defence would be unaware - Justice Byrne
• So critical is it to a fair trial, it is a criminal offence punishable by imprisonment to inquire about an accused Justice Byrne
• Judge says jurors are duty bound to bring it to his attention if they are aware of a fellow juror doing the wrong thing. #badenclay
• Judge says the jury must pay no regard to news reports. #badenclay
• Judge says they must not allow media reports to influence their thoughts. #badenclay
• Judge says the jury can draw inferences from facts they have heard during the trial. #badenclay
• Judge says their inferences must be reasonable. They must be logical and rational conclusions drawn from facts. #badenclay
• You would cease to be a juror, you would become an investigator - Justice Byrne
• Justice Byrne says parliament has made it a criminal offence for a juror to inquire about an accused person
• In the past this has led to he abandonment of a trial - Justice Byrne
• Justice Byrne says it can lead to abandonment of the trial.
• Such undesirable outcomes imperil community confidence - Justice Byrne
• You should not discuss the case with anyone, except your fellow jurors - Justice Byrne
• Byrne: You should not discuss the case with anyone except your fellow jurors and only together in the jury room.
• Judge says they cannot use instinct or guess work. #badenclay
• Judge says evidence can be accepted whole, in part or not at all. #badenclay
• If anyone else attempts to speak to you, stop them immediately, report to me - Justice Byrne
• Pay no regard to reports, may be confined to matters thought to be newsworthy - Justice Byrne
• Justice Byrne reminds jury on media reports. "Do not let media reports influence your view on what is important".
• David Murray ‏@TheMurrayD 1m
• From the facts, you may draw inferences - Justice Byrne
• Byrne: You may only draw reasonable inferences and your inferences must be based on facts proved by the evidence.
• Byrne: You are not to indulge in intuition or in guessing.
• You are not to indulge in intuition or guessing - Justice Byrne
• You may only draw an inference of guilt if it outweighs all else, beyond reasonable doubt - Justice Byrne
• Byrne: You may only draw an inference of guilt if it so overcomes any other possible inference as to leave no reasonable doubt
• Judge says they must consider whether a witness seems reliable. Did they see, hear, know the things they are testifying about? #badenclay
• Judge says does it differ from things they have said previously? #badenclay
• Byrne: It is for you to decide whether you accept the whole of what a witness says, or only part of it or none of it.
• Byrne: Bear in mind, however, that many witnesses are not used to giving evidence and may find the courtroom env. distracting.
• Byrne: honesty does not equate to reliability.
• Byrne: in general, powers of observation and of retention in memory of what is seen or heard, are fragile.
• Judge says an observation of something said or done is not always reliable. Memory can be fallible. #badenclay
• Judge says people do not always observe closely sights and sounds, let alone manage to recollect them two years later. #badenclay
• Judge: It is, as I said, up to you to assess the evidence and what weight you give to a witness's testimony. #badenclay
• Judge says the accused is presumed to be innocent. #badenclay
• Judge says the Crown must prove beyond reasonable doubt that accused is guilty. #badenclay
• Judge says, if they are left with reasonable doubt, their duty is to acquit. #badenclay
• Byrne: in this case, there is the additional consideration that the witnesses often spoke of events more than 2 years ago.
• Byrne: There is a need for care in evaluating the reliability of the testimony of witnesses whose recollections are 2 years old.
• Sounds in the night. People don't always recall correctly - Justice Byrne
• Judge says if there is no reasonable doubt, they must find him guilty. #badenclay
• Judge says this is a circumstantial case - still acceptable proof of facts. #badenclay
• Judge says this means it must be the only rational inference that can be drawn from the circumstances. #badenclay
• Byrne: People do not always closely observe sights and sounds, let alone try to commit those to memory.
• It is up to you how you assess the evidence and what weight you give to a witness or exhibit - Justice Byrne
• The burden of proof is on the prosecution - Justice Byrne
• Byrne: He is presumed to be innocent.
• Byrne: The burden rests on the prosecution to prove the guilt of the accused.
• Byrne: If you are left with a reasonable doubt about guilt, your duty is to acquit.
• Byrne: If you are not left with any such doubt, your duty is to convict.
• Byrne: This is a circumstantial case.
• Byrne: both direct and circumstantial evidence are to be considered.
• In order to convict you must be satisfied beyond reasonable doubt. It is for you to decide - Justice Byrne
• As no one saw the accused kill his wife, this is a circumstantial case - Justice Byrne
• Judge says emotion has no part to play in their decision. #badenclay
• Judge says the accused was not obliged to give evidence or to call witnesses. #badenclay
• Judge says it's the prosecution that has the burden of proof. #badenclay
• Byrne: it is not necessary that facts be proved by direct evidence.
• You must approach your duty dispassionately - Justice Byrne
• Judge says it is not a matter of making a choice between prosecution witnesses and the evidence of the accused. #badenclay
• Byrne says it must not only be a reasonable inference, it must be the only reasonable inference.
• Byrne: You do not have to believe the Accused told you the truth before he is entitled to be found not guilty.
• Judge says it is not a matter of making a choice between prosecution witnesses and the evidence of the accused. #badenclay
• Judge says if they don't believe the evidence of the accused, they shouldn't jump directly to his guilt. #badenclay
• Jury told to dismiss all feelings of sympathy and prejudice by Justice Byrne. @9NewsBrisbane #badenclay
• Judge says Gerard was entitled to not provide a statement to police. It can't be used against him. #badenclay
• Judge is giving the jury a 10 minute break. #badenclay
• The accused to decline to make a formal statement to police - Justice Byrne

• A brief break

• Byrne says #badenclay 's decision not to provide a formal statement to police is not evidence against him.
• Byrne: #badenclay was entitled to adopt that course.
• The jury is back. #badenclay
• The judge is explaining the difference between murder and manslaughter. #badenclay
• Judge says on murder, they must be satisfied he caused the death of his wife with intent to kill or cause grievous bodily harm. #badenclay
• Francene Norton ‏@francenenorton 1m
• Byrne explains the elements of the charge of murder.
• Byrne: you must be convinced beyond reasonable doubt on two distinct elements...
• Judge says manslaughter is unlawful killing but intention to harm is not involved. #badenclay
• Judge says neither prosecution or defence contends manslaughter. #badenclay
• Judge says motive is not material to murder or manslaughter. #badenclay
• Byrne: the indictment charge is murder. An alternative however is manslaughter.
• Byrne: were you to find the accused not guilty of murder, you would consider whether he is guilty or not guilty of manslaughter.
• Justice Byrne - if jury finds #badenclay not guilty of murder, that's when jury must consider manslaughter.
• Justice Byrne - neither the prosecution nor defence advocate for manslaughter. #badenclay
• Byrne: but intention to harm is not an element of manslaughter.
• Byrne: here, the pros does not have to establish a possible motive for the Accused to have murdered his wife.
• I am required by law to tell you this, not because I have a view - Justice Byrne
• Judge says motive is not material to murder or manslaughter. #badenclay
• Judge says sometimes the motive is never known to anybody but the murderer. Prosecution does not have to establish motive. #badenclay
• Judge says evidence of things the deceased has said can be unreliable. Most of it is secondhand. #badenclay
• Justice Byrne says under the law, he must put the alternative charge of manslaughter to the jury to consider. #badenclay
• Byrne: Sometimes the motive, if any, will never be known to anyone but the offender.
• Justice Byrne is now cautioning the jury about things said by Allison #badenclay when they're relayed through a witness.
• Justice Byrne - Queensland law allows recordings of interviews with children to used as evidence. There were six with #badenclay children
• Six interviews with three children - Justice Byrne
• Taking evidence from children in this way is now routine practice - Justice Byrne
• Judge says the recorded interviews with the Baden-Clay children are evidence. None spoke of hearing anything.
• Judge says the recorded interviews with the Baden-Clay children are evidence. None spoke of hearing anything.
• Judge says it is routine to show recorded interviews with children rather than have them testify in court. #badenclay
• Judge says the jury will have transcripts of recordings with them. The recording is evidence, not the transcript. #badenclay
• Judge warning jury of unreliable of things said to Allison. A risk witness's testimony is not a reliable a/c @7NewsBrisbane #badenclay
• Don't substitute transcripts for what you see and hear in recordings. Sometimes mistakes - Justice Byrne
• Byrne: What you observed during the views is not evidence.
• If I don't touch on evidence in summing up, doesn't mean it's less important. You are the judges of the facts.
• Judge says the view of the Kholo Creek bridge and the house is not evidence. It's just to assist their understanding. #badenclay
• Judge says the areas has changed considerably since 2012. #badenclay
• The judge is discussing what weight should be put on statements the accused made to the police. #badenclay
• Judge says they must decide whether the statements were truth or lies. #badenclay
• Byrne: what the accused said to police forms part of the evidence for your consideration.
• Justice Byrne to jury: make your own mind up as to whether Gerard #badenclay lied to police, and if he did so deliberately.
• Byrne: You will make up your own minds whether he told falsehoods to the police and if so whether he did so deliberately.
• Gerard has screens at his feet showing Justice John Byrne's comments as they're read.
• Judge is discussing expert evidence and the difference between the witness giving facts and opinions. #badenclay
• The decision is yours to accept evidence, whether from experts or others - Justice Byrne #badenclay
• Byrne: A witness with such specialised knowledge may express an opinion on relevant matters within his or her area of expertise.
• Byrne now addresses the discovery of Allison's body under the Kholo Creek bridge.
• The judge says the Baden-Clay house is 13km from the Kholo Creek bridge. #badenclay
• Judge says it takes 13 to 20 minutes to drive from one to the other. #badenclay
• Judge is discussing Allison's body, the clothing she was wearing. #badenclay
• Judge says her phone has never been found. She normally took it walking with her. #badenclay
• Judge says Allison's body was found on a plateau down a steep bank. #badenclay
• It takes 13 to 20 minutes to drive from the house to the bridge - Justice Byrne
• Justice Byrne is going through all the evidence. Now talking about pathologist evidence.
• Botanical material was recovered from her hair - Justice Byrne
• Judge says the pathologist found significant decomposition. #badenclay
• Judge says pathologist found decomposition was consistent with death 11 days earlier. #badenclay
• Judge says pathologist said changes to her body were consistent with it having been in same position for all of that time. #badenclay
 
In this type of case If it looks like a duck, sounds like a duck and walks like a duck.....it has a very HIGH probability that it IS a duck.....

Chuckling, I have to say, yes but is it beyond reasonable doubt that it is a duck?
 
DAY 17 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS
http://www.websleuths.com/forums/sh...own-v-Gerard-Baden-Clay-9th-July-Trial-Day-17

In order of postings on WS by the Websleuth Re-Tweet Team –
drsleuth, Amee, Freya, Prime Suspect (if I've left someone out please let me know!)

MSM Tweeters
David Murray ‏@TheMurrayD
Kate Kyriacou @KateKyriacou
Tessa Scott ‏@TessaScott9
#badenclay @9NewsBrisbane
Sarah Elks ‏@sarahelks
Ebony Cavallaro ‏@ebonycavallaro
Francene Norton ‏@francenenorton
Sarah Greenhalgh ‏@GreenhalghSarah



DAY 17 COMMENCES

Thank you so much Figtree for the effort you put in to summarise the reporting. As someone who is forever trying to catch up hurriedly during breaks at work I find it really helpful. :)


Sent from my iPhone using Tapatalk
 
With regards to Mrs BC falling asleep in court, I really feel that she is on some type of medication. The day I was in court and sat behind her and watched her walk in and out and back in again I thought that her eyes were puffy and her smile was a forced smile. She seemed to be 'fake it till you make it' happy.
I wouldn't be surprised if she was on some sort of sedative or antidepressant herself.

If you compare photos of her at Allisons funeral and those taken outside the court she ( in my opinion ) has most certainly put on weight in her face. Some medications can do that
 
Judge Byrne talked through each set of evidence by category (e.g., mental health; financial issues). I felt the summary of the evidence relating to Allison's mental health really undermined the defence theory and showed that way too much prominence has been given to Allison's experience of depression - there is NO evidence that she was or ever has been suicidal (IMO). She has experienced depression (as so many have) and managed it - that evidence is strong.

Dr TG diagnosed depression some years ago. Perhaps the more accurate diagnosis was a manipulating, controlling, cheating husband.


One of my friends has suffered from bowel problems for years. Her selfish pig of a husband finally left her (on their son's 18th birthday) and her bowel problems improved dramatically. Her specialist told her he could not count the amount of times womens bowel problems got better when their husbands left.
 
DAY 17 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS

Continued...

• Judge says pathologist found no injuries, only "probable" bruise to the chest. #badenclay
• Pathologist found significant decomposition, consistent with death 11 days earlier - Justice Byrne
• Byrne: the extent of decomposition was consistent with death having occurred about 11 days earlier, when the deceased last seen.
• Justice Byrne is now taking jury through the testimony & evidence of certain witnesses, starting with pathologist Nathan Milne #badenclay
• Crown says #badenclay had no other choice but to kill his wife Allison. #court #qld http://ow.ly/yWcJF Jumper around Allison's head could have been moved there before or after death - Justice Byrne
• Judge says pathologist found a chip on Allison's tooth that could not be aged. No sign of sexual assault. #badenclay
• Judge says pathologist found no evidence of bruises, scratches from body being moved by water. #badenclay
• A chipped tooth, but could not be aged - Justice Byrne
• Judge says pathologist found higher than normal levels of sertraline but decomposition could cause that. #badenclay
• The deceased did not die of natural causes - Justice Byrne
• Pathologist found alcohol or Sertraline unlikely cause of death - Justice Byrne
• Byrne: Dr Milne considers alcohol and/or sertraline toxicity is an unlikely cause of death, but because of decomposition.. 1/2
• Byrne:... cannot altogether exclude such a possibility. 2/2
• Byrne: Dr Milne's view that soon after death, body was deposited where it was found under bridge is supported by other evidence.
• Byrne going through Dr Milne's evidence. He found she didn't die of natural causes.
• Judge says pathologist expected significant injuries like fractures if Allison had fallen from the bridge. #badenclay
• Judge says if she fell and landed in water, could have resulted in no injuries. #badenclay
• Judge says pathologist found no evidence of drowning but it could not be ruled out. #badenclay
• Judge is summarising the evidence of the insect expert. #badenclay
• Entomologist could not say if the body was submerged in water - Justice Byrne
• Byrne refers to evidence of engineer and insect expert.
• Expert didn't find any diatoms in body, expected if there had been drowning - Justice Byrne
• Judge is discussing the evidence of the diatom expert. Diatoms are organisms usually found if someone drowns. None found. #badenclay
• Judge is discussing forensic expert Amanda Reeves. Reeves found indication of second DNA profile under nails. Not enough to test. #badenclay
• Justice Byrne is now cautioning the jury about things said by Allison #badenclay when they're relayed through a witness.
• Judge is discussing the evidence of a toxicologist who discussed Zoloft levels. #badenclay
• Judge says expert said Zoloft was not particularly toxic. Couldn't find a single case of Zoloft causing death by itself. #badenclay
• Judge says toxicologist found there was no ingestion of a large number of tablets in the hours before her death. #badenclay
• Judge says toxicologist said seratonin syndrome should not be expected in someone taking a normal dose of sertraline. #badenclay
• Judge says defence toxicologist accepted there had not been a recent ingestion of a large amount of sertraline. #badenclay
• Judge says toxicologist gave opinion that sertraline did not contribute to Allison's death. #badenclay
• Toxicologist said having using Zoloft since 2003 she would have a tolerance - Justice Byrne
• Judge is now discussing evidence of Dr Gordon Guymer, botanist. #badenclay
• Judge says Dr Guymer identified six species of plant entwined in Allison's hair and on body. #badenclay
• Judge says Dr Guymer found one Cat's Claw Creeper leaf was pulled from the plant after being caught on something. #badenclay
• Judge says Dr Guymer found most were fallen leaves. #badenclay
• Judge says Dr Guymer found only two species at the creek, but all six at the house. #badenclay
• Byrne turns to evidence of botanist Dr Gordon Guymer.
• Dr Gordon Guymer, a botanist since 1980 - Justice Byrne
• He identified four species entwined in her hair, two caught on her body - Justice Byrne
• Justice Byrne is now recapping evidence from botanist Dr Gordon Guymer. @9NewsBrisbane #badenclay
• Byrne says Dr Guymer found all six species in vicinity of the Brookfield home.
• Justice Byrne moves onto next topic of evidence "affair." He is going through Toni McHugh's evidence.
• Justice Byrne moves onto next topic of evidence "affair." He is going through Toni McHugh's evidence. @9NewsBrisbane #badenclay
• Judge says Toni McHugh gave evidence that she began an affair with Gerard in August 2008. #badenclay
• Judge says Toni said the affair was up and down all the time. #badenclay
• Judge says Toni spoke of Gerard breaking things off after Allison found out. #badenclay
• Judge says the affair was not over. He says Toni spoke of being contacted again by Gerard, things resumed. #badenclay
• Judge says emails between Gerard and Toni were shown to the jury. #badenclay
• Judge says the two were in regular contact in April, 2012. #badenclay
• Judge says on April 19 they spoke on the phone. Gerard told Toni she and Allison would both be at real estate conference next day.#badenclay
• Previous assurances had come to nothing. For the first time in an email he put a date on separation, July 1 - Justice Byrne
• Byrne now relates McHugh's conversation with #badenclay on afternoon of 19th April 2012.
• The next day, from the conference, Toni called him. Allison was missing
• Judge says Toni said she "lost it". Gerard needed to tell Allison, it wasn't fair on either of them. #badenclay
• Judge says Toni said she asked Gerard what he was going to do. Gerard spoke about selling the business. #badenclay
• Judge says Toni called Gerard from the conference the next day to ask where Allison was. #badenclay
• Judge says Toni was at police station next day. Gerard called, said "just answer yes or no, have you told them we are back together?
• The next day he told her 'just answer yes or no', had she told police they were still together.
• "I need you to know I don't know what's happened here, I need to you know I love you." #badenclay to Toni McHugh. @9NewsBrisbane
• Court is adjourned until 2.30pm when Justice Byrne will continue. @9NewsBrisbane #badenclay
• We've adjourned until 2.30pm. #badenclay
• Experiencing technical difficulties on our live #badenclay blog today. Court has adjourned for lunch, will return at 2.30pm @brisbanetimes
• Justice John Byrne continues his summing up to the #badenclay jury, he's now speaking about Allison's mental health.

• Court resumed after lunch. Justice Byrne now talking through witness's evidence relating to Allison's mental health. @abcnews #badenclay
• She had been in his care for six years and had not done anything to self harm - Justice Byrne
• Judge says various witnesses gave evidence about Allison's mental health. #badenclay
• Judge says Dr Tom George treated Allison for years. Said her symptoms of depression cleared up early on. #badenclay
• Judge says Dr George recommended a marriage counsellor to Allison. #badenclay
• Judge says according to Dr George, apart from the first two consultations, Allison was not depressed. #badenclay
• Judge says Dr George had no concerns that Allison was suicidal. #badenclay
• Judge says Dr George said Allison presented as extremely attached to her children. #badenclay
• Judge is now referring to evidence from Dr Lumsden, who believed Allison's risk of suicide was absolutely zero. #badenclay
• Judge is now referring to evidence from Dr Bourke, who prescribed Allison Zoloft, spoke to her about stress over affair. #badenclay
• Judge says Dr Bourke's opinion was that she was not at risk of suicide. #badenclay
• Judge is now talking about Ms Nutting, a psychologist who saw both Gerard and Allison. #badenclay
• Judge says Ms Nutting spoke to Allison of panic attacks during second pregnancy. #badenclay
• Judge says when Ms Nutting saw Allison at first, she was not experiencing depression symptoms. #badenclay
• Judge says second appointment, after affair discovered, Allison was more fragile. Better at third appointment. #badencla
• Judge is referring to evidence of defence witness Dr Schramm. Says he referred to reports, had not interviewed anyone. #badenclay
• Judge says Dr Schramm said people with depression more likely to commit suicide and don't always leave a note. #badenclay
• Justice Byrne is relaying to the jury the medical opinions of Allison's doctors, psychiatrists and counsellors. #badenclay
• 31 face to face conversations between Allison and psychiatrist Dr George from 2003 - Justice Byrne
• There is medical and psychological evidence about the deceased's mental state - Justice Byrne
• Judge says there is no evidence at all of Allison ever experiencing any adverse reactions to Zoloft. #badenclay
• Judge is now referring to evidence from relationship counsellor Carmel Ritchie. #badenclay
• Judge says Allison told Ms Ritchie she was a conflict avoider and her husband criticised her parenting skills. #badenclay
• Judge says Ms Ritchie spoke to accused alone initially. He told her he wanted to wipe the past clean. #badenclay
• Justice Byrne - there's no indication of Allison Baden-Clay ever indicating she suffered adverse impacts of Zoloft #badenclay
• Jury is now hearing a recap of evidence given by Carmel Ritchie from Relationships Australia.
• Judge says Ms Ritchie recommended 15 minute sessions every second night so Allison could talk. #badenclay
• Judge says Gerard was very resistant to this initially. #badenclay
• 31 face to face conversations between Allison and psychiatrist Dr George from 2003 - Justice Byrne
• Her condition was resolved and remained so for the vast majority of her time in his care - Justice Byrne
• Dr George thought beyond the first two consultations she was never depressed, suicide was never an issue
• She was extremely attached to her children, Dr George said - Justice Byrne
• She had been in his care for six years and had not done anything to self harm - Justice Byrne
• A psychologist, Dr Lumsden, assessed her risk of suicide as being absolutely zero - Justice Byrne
• Allison saw a GP, concerned about her marriage and finances - Justice Byrne
• A juror's chair has broken during Justice Byrne's summing up. #badenclay
• Justice John Byrne refers to Gerard as 'the accused' and Allison as 'the deceased' throughout summing up
• Justice Byrne is going through the evidence of defence witness Dr Mark Schramm, psychologist
• No evidence Allison ever had adverse effects from Zoloft - Justice Byrne
• Slight pause. One of the juror's chairs just broke. #badenclay
• Relationships Australia counsellor Carmel Ritchie saw Allison - Justice Byrne
• Ms Ritchie was left with the impression depression was well managed - Justice Byrne
• Ms Ritchie had a meeting with Gerard and Allison April 16 - Justice Byrne
• A juror's chair has just broken mid summing up
• Judge says Gerard eventually agreed. Allison was brought back into the room. #badenclay
• Judge says Allison told Gerard she was "over the moon" he had spent time with the counsellor. #badenclay
• The judge is now talking about Allison's journal. #badenclay
• Loud bang rang out through court. New chair being brought over. Proceedings paused
• The juror is in a new seat, judge resumes
• Gerard's role was simply to listen to his wife for 15 minutes every second day - Justice Byrne
• Justice Byrne going through Allison's questions about the affair
• Now into Thursday April 19
• Allison had a four hour training session that day, seemed very positive to the woman she met with.

• Justice Byrne now discussing details of Thursday 19th April, 2012, and the following day, when Allison was reported missing. #badenclay
• Gerard's was put on charge 1.48am April 20. In the morning, he told his children he cut himself shaving.
• Judge says on April 19, Allison went to a four hour training course. The trainer thought Allison was very positive. #badenclay
• Judge says Allison then went to the hairdressers. Gerard spoke to Toni McHugh on the phone around 5pm. #badenclay
• Judge says Allison spoke to Olivia on the phone at 8.30pm. She was speaking quietly, signs that the children were going to sleep. #badenclay
• Judge says Gerard's phone was plugged into charge at 1.48am, taken off about 6am. #badenclay
• The judge is going through the events of the morning of April 20. #badenclay
• Judge is referring to Gerard explaining to police that he'd cut himself shaving. #badenclay
• Judge says Gerard was asked by police about his wife's state of mind. "Pretty good," he said. #badenclay
• Judge says Gerard explained the 15 minute sessions recommended by the counsellor to police. #badenclay
• Judge says Gerard told police "we had one last night", said there were some difficult things they'd talked about. #badenclay
• Gerard #badenclay told police "things are pretty tight" financially, Justice Byrne says.
• David Murray ‏@TheMurrayD 2m
• Justice Byrne is going through events as police arrive at Brookfield that morning
• The jury is hearing summing up of some of Gerard's conversations with police April 20
• Judge says Gerard told police he honestly didn't know whether Allison had come to bed the night before. He's a very heavy sleeper.#badenclay
• Judge says Gerard was asked how his wife had been the last week or so. "Pretty good,'' he'd said. #badenclay
• Any signs Allison had been overly depressed? Gerard #badenclay tells police 'no', Justice Byrne says.
• Judge says Gerard told police his wife had had a list of questions for him she'd asked the previous night. (April 19). #badenclay
• Judge says Gerard told police his financial situation was "pretty dire". #badenclay
• Judge is now discussing the interview Gerard did with police on April 21. #badenclay
• Justice Byrne says #badenclay told police he'd not bought new razor blades for six months.
• Judge is giving the jury a summary of Gerard Baden-Clay's discussions with police the morning Allison disappeared @7NewsBrisbane #badenclay
• Jurors are sitting back, looking at screens showing Justice Byrne's remarks as he speaks, very little note taking.
• Gerard looking towards the judge as he sums up.
• Judge says Gerard told police Allison must have come to bed because her side of the doona was folded back. #badenclay
• Judge says when asked if Allison was suicidal, Gerard said no. #badenclay
• Judge says Gerard went to see Dr Candice Beaven about the scratches. Told her he'd cut himself shaving. #badenclay
• Judge says Gerard told her it was one motion, then said it must have been a couple. He was rushed. #badenclay
• Judge says Gerard then went to see Dr Renu Kumar about his injuries. Told her cuts on face from an old razor. A "rush job". #badenclay
• Justice John Byrne is going through forensic investigations. No blood in house.
• Judge is now discussing forensic examination of the house. #badenclay
• Judge says no indication of blood in house or carport area. No indication of cleanup. #badenclay
• Judge says Gerard's razor was tested for blood. None found. But says blood can be washed away by water. #badenclay
• Judge says flow rivulets of blood found in back of the car. #badenclay
• Judge is now referring to evidence from experts who interpreted Gerard's injuries. #badenclay
• Blood was found in the Captiva - Justice Byrne
• Justice Byrne comes to expert evidence about Gerard's facial injuries.
• Judge says Dr Margaret Stark said marks on Gerard's face were typical of fingernail scratches. #badenclay
 
With regards to Mrs BC falling asleep in court, I really feel that she is on some type of medication. The day I was in court and sat behind her and watched her walk in and out and back in again I thought that her eyes were puffy and her smile was a forced smile. She seemed to be 'fake it till you make it' happy.
I wouldn't be surprised if she was on some sort of sedative or antidepressant herself.

If you compare photos of her at Allisons funeral and those taken outside the court she ( in my opinion ) has most certainly put on weight in her face. Some medications can do that
She is probably realising her boy is guilty
 
DAY 17 BADEN-CLAY TRIAL – WEBSLEUTHS THREAD COLLECTION – TWEETS

Continued...

• Judge summing up evidence re. #badenclay facial injuries. Defence calls them shaving cuts, prosecution says fingernail scratches
• Judge is now discussing evidence of Dr Robert Hoskins, who said marks had characteristics of fingernail scratches. #badenclay
• Judge said Dr Hoskins said it was "extremely implausible" they were done with a razor. #badenclay
• Judge is now referring to evidence from Dr Leslie Griffiths, who examined Gerard in person. #badenclay
• Judge says Dr Griffiths said it was highly implausible the marks were caused by a razor. #badenclay
• Judge is now talking about evidence of Dr David Wells, who said the first thing that came to mind was fingernail scratches. #badenclay
• Justice Byrne is going through the lengthy expert evidence about the injuries on Gerard's face
• Justice Byrne has moved on to 'financial matters - evidence of friends' and Bruce Flegg's friend Sue Heath #badenclay
• Justice Byrne is now speaking about evidence relating to loans #badenclay got from friends.
• Judge is now summarising evidence of Gerard's three friends who lent him money. #badenclay
• Judge says none had been repaid by April, 2012. #badenclay
• Judge is now referring to evidence of Sue Heath. Says Gerard spoke to her about borrowing money from her friend Dr Flegg. #badenclay
• Judge says prosecution contends Gerard lied about the cuts on his face. #badenclay
• Judge says the prosecution contends that Gerard lied, both in evidence and when speaking to the police. #badenclay
• During the trial, jurors were busy taking notes. For the summing up, almost all just listening and watching.
• Justice John Byrne turns his attention to "lies". #badenclay @abcnews
• This could take a while
• The prosecution contends the accused lied on oath, in evidence and speaking to police, about the injuries on his face
• Justice John Byrne turns his attention to "lies".
• Justice Byrne says the pros contends #badenclay lied in the witness box and lied to police.
• Byrne: a statement by an accused person that is shown to be false may, in some circumstances, go indirectly to prove something.
• Justice Byrne: the Prosecution contends #badenclay lied under oath and to police about marks on face. @9NewsBrisbane
• Justice Byrne tells jury that it wrong to assume that just because he has lied, that is evidence of guilt.
• Judge says it would be wrong to approach the case that if Gerard lied, it must mean he killed his wife. #badenclay
• Judge says it must be a lie "that an innocent person would not tell" to find him guilty. #badenclay
• Judge says for the prosecution to prove he lied about the cuts, they have to have proved they were not caused by a razor. #badenclay
• Byrne: a statement by an accused person that is shown to be false may, in some circumstances, go indirectly to prove something.
• Byrne: it would be wrong to approach the case on the basis that, if the Accused told lies, he must have killed his wife.
• Byrne: Bear in mind this warning: do not follow a process of reasoning to the effect that just because the Accused has lied 1/2
• Byrne: that is evidence of guilt. 2/2
• Byrne: To est. that the accused lied about those facial injuries, the pros must first est. they were not caused by his razor.
• Judge says people do not always act rationally and telling a lie might be explained some other way. #badenclay
• Judge says both murder and manslaughter involve unlawful killing. #badenclay
• Sarah Elks ‏@sarahelks 20s
• We're taking a brief break, for the #badenclay jury.
• Justice Byrne is now talking about murder and manslaughter again. @9NewsBrisbane #badenclay
• Judge says to convict on murder, they must be sure he intended to kill, even if they believe he lied about scratches. #badenclay
• We're having a short break. #badenclay
• Byrne: If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife... 1/2
• Byrne: you'd need carefully also to consider whether the lie reveals a consciousness of guilt merely with respect to mans... 2/3
• Byrne: ... as distinct from also revealing an intention to kill or to cause GBH. 3/3
• A brief break

• Justice Byrne has explained the intricacies of how to treat testimony from #badenclay it considers lies.
• The prosecution alleges #badenclay lied about his facial injuries
• We're back. Justice John Byrne is continuing. #badenclay
• Judge is speaking about the conduct of the accused, according to the prosecution. #badenclay
• Justice Byrne moves on to other allegedly incriminating conduct
• Can't use disposal of body as intention to kill - Justice Byrne
• Justice Byrne speaks of incriminating conduct. If jury decides he disposed of Allison's body, doesn't indicate intent to kill. #badenclay
• Judge says they cannot use his alleged disposal of her body as proof of intent. #badenclay
• Judge says the prosecution contends the scratches were caused in a violent struggle, meaning there was intent. #badenclay
• Just Byrne tells jury cannot use #badenclay's disposal of her body, if he did, as supplying proof of an intention to kill his wife.@abcnews
• The judge is now referring to Gerard's evidence. #badenclay
• Judge says Gerard denied killing his wife, said he got the cuts on his face shaving, gave other explanations for other injuries. #badenclay
• Judge is talking about Gerard's evidence on his wife's mental health, his affair. #badenclay
• Judge says Gerard and Toni "always" recommenced their physical relationship. #badenclay
• Accused testified he did not kill his wife, had never been scratched by her, cut himself shaving - Justice Byrne
• Justice Byrne is going through Gerard's evidence
• Judge says Gerard and Allison attended counselling while he was having the affair. Gerard did not mention it. #badenclay
• Judge is summarising Gerard's evidence about the business, the partners, moving to a new premises. #badenclay
• The judge is talking about Gerard's evidence on borrowing $90,000 from each of his three friends. #badenclay
• Judge is referring to Gerard getting back together with Toni for the sake of the business. #badenclay
• Judge is referring to evidence on Allison discovering the affair. #badenclay
• Judge says Gerard broke things off with Toni, said she was furious, threw things. #badenclay
• The judge is detailing Gerard's evidence on Allison's reaction, insisting on checking his phone, the curfew. #badenclay
• Judge is detailing Gerard's evidence on getting back together with Toni after Allison found out about the affair. #badenclay
• Judge says Allison was unaware that he was continuing the affair. Gerard would delete call history from his mobile phone. #badenclay
• Gerard is sitting still in the dock as Justice John Byrne summarises his four days of evidence
• Judge says Gerard and Allison went to see a marriage counsellor on April 16, 2012. #badenclay
• Judge says Gerard was resistant to talking about the affair. To him it seemed strange. #badenclay
• Judge is referring to the email from Toni to Gerard. Says Gerard said he was doing his best to push Toni away at that time. #badenclay
• Judge says Gerard's evidence was that he would roll over and tell Toni whatever she wanted to hear because she was so volatile. #badenclay
• Judge says Gerard's evidence was they had the 15 minute session on April 18 after a drive to Mt Coot-tha. #badenclay
• Judge says the next day was April 19, the last day Allison was seen alive. #badenclay
• Judge says Gerard's evidence was he doesn't know how the toys got into the Captiva, doesn't know how her blood got there. #badenclay
• Judge says Gerard's evidence was the cut on his hand was from a screwdriver. #badenclay
• Judge says Gerard's evidence was he and Allison sat on the couch and chatted after the girls went to bed. #badenclay
• Judge says Gerard's evidence was Allison asked a couple of follow up questions. He admired her strength and forgiveness. #badenclay
• Judge says Gerard denied putting his phone on charge at 1.48am. #badenclay
• Judge says Gerard demonstrated to the court how he cut himself shaving, doing it in three separate motions. #badenclay
• How can you tell journo stress levels are rising at #badenclay trial?Chocolate consumption in media area significantly increased!
• How can you tell journo stress levels are rising at #badenclay trial?Chocolate consumption in media area significantly increased!
• Justice Byrne summarising Gerard's evidence about April 20, the morning he reported Allison missing
• Judge says on April 21, Gerard attended the Brookfield command post and spoke with police. #badenclay
• Judge says Gerard testified that Toni was upset about Allison going to the same conference the next day and wanted Allison told. #badenclay
• Judge says Gerard's evidence was he did not tell Allison and he was not concerned about the two women meeting. #badenclay
• Judge says Gerard called the life insurance company on May 1 to determine how he could make a claim. #badenclay
• Judge says Gerard said his father told him he had to notify the insurance company of her death. #badenclay
• Judge says Gerard testified that financially, the business was turning around. #badenclay
• Judge says Gerard said it was "absolutely untrue" he was going to leave his wife for his mistress. #badenclay
• Judge is talking about Gerard's cross examination now. #badenclay
• Judge says Gerard did not tell his wife he was still sleeping with Toni McHugh after Allison found out about the affair. #badenclay
• Judge says Gerard's evidence was that the emails, claims of love, were all to placate her or "for the sake of the business". #badenclay
• The judge is summing up in a clear, steady voice, has barely tripped over a word yet.
• Judge says Gerard used a secret email account to contact Toni. He never intended to tell his wife this. #badenclay
• Judge is now discussing what Gerard said about his financial position under cross examination. #badenclay
• Judge says Gerard's evidence was he was under constant pressure from Toni to leave his wife. #badenclay
• Judge says Gerard acknowledged he had told Toni in Dec, 2011 that he wanted to leave his wife and come to her "unconditionally". #badenclay
• Judge says Gerard used a secret email account to contact Toni. He never intended to tell his wife this. #badenclay
• Judge is now discussing what Gerard said about his financial position under cross examination. #badenclay
• Judge says Gerard's evidence was he was under constant pressure from Toni to leave his wife. #badenclay
• Judge says Gerard acknowledged he had told Toni in Dec, 2011 that he wanted to leave his wife and come to her "unconditionally". #badenclay
• Judge says Gerard said he did not consider he was in a relationship with Toni McHugh. #badenclay
• Judge says Gerard said he and Allison had recommenced a sexual relationship in February, 2012. #badenclay
• Judge says Gerard said despite her reaction to Allison going to the conference, he had no fear Toni would approach Allison. #badenclay
• Judge says Gerard was asked about the phone charger on Allison's side, why she would plug his phone in on his side of the bed. #badenclay
• Judge says Gerard did not disclose to police at any stage his conversations with Toni McHugh on the Thursday afternoon. #badenclay
• Judge says Gerard did not tell police about the injuries on his chest when they took the photographs of his face. #badenclay
• Judge says Gerard rejected suggestions he killed his wife, that she clawed at his face, probably as he smothered her. #badenclay
• Judge says Gerard denied having ever physically harmed his wife. #badenclay
• Judge says Gerard said he didn't know how the leaves got in her hair. #badenclay
• Jurors told they may convict Gerard Baden-Clay of manslaughter if they don't find him guilty of murder #badenclay (@liztilley84)
• Justice Byrne going through prosecutor Todd Fuller's final questions for Gerard .
• Judge says Gerard was asked about the phone charger on Allison's side, why she would plug his phone in on his side of the bed. #badenclay
• Justice Byrne has adjourned the court until tomorrow morning. Jury won't retire to consider verdict until tomorrow at earliest #badenclay
• Judge warns jury much of his summary of closing statements will be repetitive, he's obliged to do so.
• That exercise will wait until tomorrow. Court adjourned until 10am for Justice Byrne to complete summing up
• Judge says he will now summarise the lawyers' closing addresses. #badenclay
• He says he will do that tomorrow. We have adjourned until 10am. #badenclay
• Court adjourned until tomorrow. Justice Byrne will then outline Crown and defence cases and their rival contentions.
• Justice Byrne tells jury summing up is a repetitive process - can wait until tomorrow. Adjourned until morning. @9NewsBrisbane #badenclay
 
Timmy, all facts pointed to murder, but near the end of the trial (when he was backed into a corner), he changed his plea to manslaughter. I thought GBC might have done the same - silly me. I should have known that he wouldn't fess up to anything. Anyway in my case, we still made a guilty verdict, but I can assure you that all the jury was distressed, vomiting, crying etc etc. Before we faced the court with our verdict, we spent a few minutes having a group hug and telling jokes. Sounds disrespectful now, but it was survival for us. After the trial we heard that he had previously been suspected or charged - I can't remember - with attempted murder of someone else.
I have been wondering if any information will surface after the verdict.
 
Yes that's the last activity on her phone. It connected to the internet, but doesn't mean someone was actually using the phone. Smart phones access data for many things such as updates etc, or say, if an app isn't shut down.

That is certainly true if it was perhaps downloading an update or maybe downloading emails...however...it could have been GBC searching all sorts of things while parked on the side of the road before he tossed the phone away somewhere. He did have a couple of searches on his phone and maybe he thought better of it? Go and use Allison's phone instead and dispose of it. He seemed to know exactly where to hide the damn thing. Wonder if he threw it up on the roof or down a hole somewhere? I am sure the roof would have been checked. Wonder if there is some sort of place in the house it could be hidden...in a wall perhaps...turned on to silent?
 
It wasn't 13 mins, it was 13 hrs. But this amount of time was not unusual. An Internet session on the 18th at 11pm on Allison's phone lasted 31 hours.
Yeh, I'd say it just stayed connected till the battery died.
 
Correct me if I'm wrong but I believe the blood was endometrial so not your average nose bleed or such like.

Also I hate to mention this but it is Allison with two l's.

Endometrial blood? I must have missed that bit. What MSM was this in?
 
Endometrial blood? I must have missed that bit. What MSM was this in?

I'm sure I read it here but hey I could be mistaken.

I googled it was mentioned here some stage but I can't seem to get the link up
 
Interesting....with EBC falling asleep in court today and snoring on and off.....I wonder who did kill ABC.....the defence say she died either by seratonin syndrome, drowning or jumping off bridge, Judge seems to discount all of those theories. Ok so who can you think of....the tooth fairy? IMO

OMG are you kidding me.
 
Goodness gracious, you aren't the only person to have said that!
Reading more than one forum. All say the same.
(Maybe should ask NBC for his Professional diagnosis?)
Professional diagnosis is tongue in cheek, as I doubt that Baden Clay and Professional should belong in the same sentence.

Thanks. I feel a bit better saying it now I know others have thought the same.
 
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