IT is day 19 of the trial of former Brookfield real estate agent Gerard Baden-Clay, 43, who stands accused of murdering his wife Allison Baden-Clay, 43, on April 19, 2012.
Baden-Clay has pleaded not guilty in the Supreme Court in Brisbane.
A jury of seven men and five women yesterday retired to consider a verdict at 11.10am.
It deliberated for five hours before returning to the jury room again today at 9.30am.
Justice John Byrne asked the jury to re-enter the court room at 10.10am.
In response to a note from the jury, Justice Byrne took them through sections of his summing up.
The jury speaker said he was not able to identify the passage the jury wanted more information on, instead referring a question from Justice Byrne to another panel member.
Courtroom sketch of Gerard Baden-Clay. Illustration: Brett Lethbridge
Courtroom sketch of Gerard Baden-Clay. Illustration: Brett Lethbridge
The juror identified the section as being to do with the evidence of Baden-Clay and whether he told lies.
Justice Byrne reread the passage to the jury.
“If you conclude that the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt merely with respect to manslaughter as distinct from also revealing an intention to kill or to cause grievous bodily harm,” he said.
“You may only use the lie about cutting himself shaving – if it is a lie – as tending to prove the element of murder of an intention to kill or to cause grievous bodily harm if, on the whole of the evidence, the accused lied because he realised that the truth of the matter in that respect would show that, in killing his wife, he had intended to kill her or to cause her grievous bodily harm.
“It may be that, even if you were to find that the accused lied about his facial injuries because he realised that the truth would show him to be the killer, still you would not conclude that the lie shows that he realised that her death after scratching him with her fingernails would show that he had killed her intentionally.”
The jury retired again to consider its verdict.
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