Baden Clay Trial

[azureline**]

Allison Baden Clay Murder 2 years ago

I was reading up on this today, as the trial started Monday.

The senior Baden Clay was on the stand today and gave evidence about something his wife told him about his daughter in law..................................I thought they usually objected and called that heresay?

Don't they do that in Australia? have I watched too many American crime shows?

[cherry*135]

This was one of the legal arguments when the jury is not in the court.

What the Judge thought re suicide theory

"THE judge presiding over Gerard Baden-Clay’s murder trial has said there was no evidence his wife Allison took her own life.

Justice John Byrne challenged the notion — promoted by defence questioning — that a “depressed” Allison may have committed suicide.

“My concern about it frankly is this,” Justice Byrne said during the trial, without the jury present.

“The evidence doesn’t seem to me at this stage to identify any possible basis in which she could have died from suicide.

“She didn’t drown. She didn’t overdose. She did not fall from the bridge, because there were no fractures. So what is the suicide hypothesis, if it is to be put? What is it?”
Justice Byrne made the comments after the jury left the room following the conclusion of the Crown’s evidence.

They were unable to be reported at the time for legal reasons. But the next day the defence announced Baden-Clay would give evidence.

Crown prosecutor Todd Fuller QC told the jury Baden-Clay had blown Allison’s depression out of all proportion to try to avoid conviction.

Justice Byrne made the remarks in discussions with the defence and prosecution about the comments he planned to make in his summing up.

“The reason why I am anxious about it is I don’t want to be put in the position where I am constructing a straw man,” he said at the time. “Where the jury looks at it and says that proposition is preposterous. How could it be suicide? What did she do? Walk 13km in the dark to the bridge along the road, somehow getting entwined in her hair on the way the leaves that were found at the back entry? And then how did she commit suicide when she got there? Because they may reason, as Sherlock Holmes used to, that once you eliminate all that is impossible, what remains, however improbable, must be the truth.”

[fourandsixpants]

so....all based on 'thoughts' of one person who was not even a jury member......

..... Sherlock Holmes was busy that day

[cherry*135]

Not at all paints. The jury is not present in court for any legal arguments. The media present aren't allowed to by law and don't report any of the legal arguments while the trial is still in progress.

What the judge said above had no influence on the jury as they never heard it.

12 jurors reached a unanimous guilty verdict.

When the jury sought clarification twice on issues from the Judge during their deliberations, the Judge only re-reads to them the parts of his summing up they requested. One about lies and the other about circumstantial evidence. They are left to interpret that themselves.

[the_great_she_elephant]

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@paintsew007 wrote:

so....all based on 'thoughts' of one person who was not even a jury member......

..... Sherlock Holmes was busy that day

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Which one person, Paints? Are you referring to the judge?

This was one of the legal arguments when the jury is not in the court.

“My concern about it frankly is this,” Justice Byrne said during the trial, without the jury present.

Justice Byrne made the comments after the jury left the room following the conclusion of the Crown’s evidence.

They were unable to be reported at the time for legal reasons

[polksaladallie]

What a grub.

The Courier Mail reported Baden-Clay had created an AdultFriendFinder profile under the name of Bruce Overland who was a married man 'looking for discrete [sic] sex'.

Read more: http://www.dailymail.co.uk/news/article-2682788/GUILTY-Murderer-Gerard-Baden-Clay-Googled-Self-Incri...

[azureline**]

he isn't very good at any kind of  s e x by all accounts, is he? discreet or otherwise.

[cherry*135]

;shudder:

[purple_haize]

Just the thought makes me want to chuck

[shepherdsrule]

I just hope he does not win the right to appeal on the grounds of trial by media.....

but given the fact that so many additional courtrooms were opened for all the 'lookers' and 'press' it may be a given.

Absolute travesty the way this has been handled  from start to finish  - it was like OPEN slather for all, more like a ratings game than a murder trial.

Disgusted.

[azureline**]

I heard today that it is unlikely that an appeal will be allowed.

I am just stunned at the release of all the info prior to the trial but I didn't see a trial by media.