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]

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

If the Defence thought that was a big issue they could have applied for a Judge only trial.

Simon Gittany (NSW - threw g/f over the balcony, murder charge) applied for and was granted a judge only trial and he was found GUILTY.

 This event attracted much attention in the media and there was considerable public interest.  This is an interesting case to explore, as there was no jury and the judge in this case found Simon Gittany to be guilty of the murder of Lisa Harnum.

http://guides.sl.nsw.gov.au/content.php?pid=242811&sid=4470050

[cherry*135]

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@shepherdsrule wrote:

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.

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You know why they accomodate the public at trials? 

The former real estate agent's murder trial attracted crowds to the Brisbane Supreme Court, with extra courtrooms opened for people who queued day after day to gain entry, and a ticketing system introduced to prevent overcrowding.

The Department of Justice and Attorney-General says these special arrangements for large-scale trials are made to ensure openness and transparency in the justice system.

This transparency is key to keeping Australia's legal apparatus - everyone from police to barristers and judges - held to account, says Ken Fleming, QC

http://www.abc.net.au/news/2014-07-11/baden-clay-crowds-a-sign-of-healthy-legal-system-lawyer-says/5...

Trial by media has nothing to do with crowds of people turning up at court for the trial either. 

[cherry*135]

Under Queensland law, there are three avenues of appeal, one being error of law, as in whether the judge has made incorrect directions to the jury.

Another is if it can be shown the jury reached a "dangerous" verdict out of step with the evidence presented.

The third avenue is miscarriage of justice, which can cover a variety of scenarios including whether jurors have been found to undertake their own research outside the courtroom or if any evidence presented was prejudicial against the defendant.

Read more: http://www.brisbanetimes.com.au/queensland/gerard-badenclay-appeal-likely-legal-expert-20140716-ztmg...

[punch*drunk]

Appeal lodged today.

[purple_haize]

I hope the murder charge stays................he doesnt deserve the right to appeal or anything else.

[azureline**]

The appeal documents bases its argument on four grounds,

firstly that the verdict was unreasonable,

that there was a miscarriage of justice;

secondly that this miscarriage of justice relates to the blood in the car;

thirdly that the judge erred in law by not directing the jury to be satisfied beyond a reasonable doubt he dumped the body at the creek;

and finally that the judge erred in directions to the jury about the 'razor cuts' on his face.

[cherry*135]

The appeal has to be upheld before it can proceed.

[purple_haize]

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@am*3 wrote:
The appeal has to be upheld before it can proceed.

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AM. what exactly does that mean?

[azureline**]

http://www.courts.qld.gov.au/courts/court-of-appeal

[azureline**]

The Court of Appeal is a division of the Supreme Court and hears all appeals from the Supreme and District Courts, and many tribunals.

The court does not hear entire cases or have a jury, and deals only with the subject of the appeal. It is made up of three or five judges of the Supreme Court who consider the grounds of the appeal and make a judgment.

The judges listen to the arguments by the opposing sides and decide whether an error of law was made or some crucial fact was overlooked in the original hearing.

The Court of Appeal can:

• dismiss the appeal and uphold the decision of a lower court or tribunal
• allow the appeal, set aside the decision of the lower court and make a different order in its place.

If the appeal is dismissed, nothing changes. If the appeal is allowed, the judges can order a retrial or make a different order in its place.

If the application is to appeal against a sentence, the court can increase or decrease the length of the sentence. If the court is considering increasing the sentence on appeal the court will inform you of their intention so that you may withdraw the application. If the Attorney-General appeals, the sentence may be increased.