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]

There isn't any evidence that GBC did kill his wife (no witnesses saw this) either, no signs at the house a murder took place, children never woke up which they most likely would do if there was loud arguments and thumping and bumping noises, no-one saw GBC leaving in one of their cars and returning to his house in the early hours of the morning, no one saw him driving around the area near Kholo Bridge the night Allison went missing.

[grumpy*cat*rocks]

I don't know about your children but when mine were young once they were asleep nothing woke them, especially in those first few hours after falling asleep. One night our neighbours had a rip roaring argument just near the kids rooms, bottles being thrown, wife and husband screaming at each other. We were on the opposite side of the house and woke up.
The kids never heard a thing, checked on them both and they were zzzzz'ing deeply.
That was with their windows ajar too.

[azureline**]

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@am*3 wrote:
There isn't any evidence that GBC did kill his wife (no witnesses saw this) either, no signs at the house a murder took place, children never woke up which they most likely would do if there was loud arguments and thumping and bumping noises, no-one saw GBC leaving in one of their cars and returning to his house in the early hours of the morning, no one saw him driving around the area near Kholo Bridge the night Allison went missing.

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the dna under her fingernails, I know they said undetermined but I would think that is evidence. He has face scratches.

[cherry*135]

The secondary DNA sample under fingernail too small to be tested. How can that be evidence unless it was tested and shown to be GBC's?


Defence - scratches caused by razor. No witness when these occurred, therefore no one can be 100% certain what caused them.

[cherry*135]

"Justice Byrne said forensic scientist Dr Amanda Reeves obtained a DNA profile from the deceased.

He said she found a possible second DNA contributor under one of her fingernails but it was below the reportable threshold."

[cherry*135]

12:38pm: The jury has been called back into the courtroom for a direction from Justice John Byrne.

[katymatey*]

He also had abrasions and what looks like a scratch on his chest. Guess the razor did that too.

[polksaladallie]

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@am*3 wrote:

polkas "I see the judge has given the jury the option of manslaughter, when neither the prosecution or defence have."

The Defence can't consider manslaughter as they claim GBC did not kill his wife i.e he had nothing to do with her death.

Prosecution want a guilty of murder verdict.

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You'll have to contact Justice Byrne with your advice, because I was repeating what he said.   

[cherry*135]

Polkas - "I see the judge has given the jury the option of manslaughter "(yes, he did). ..."when neither the defence or prosecution have "( the Judge did not say that last part those are your words, and those obviously were what I was replying to)

Seriously how could the Defence give an option of manslaughter when they claim GBC was asleep from 10pm until 6am and that he did not kill his wife (no murder, no manslaughter).

10 July
"Yesterday, Justice Byrne said the jury should first consider the charge of murder.
He told the jurors they could consider a manslaughter verdict if they found Mr Baden-Clay not guilty of murder."


Read more: http://www.brisbanetimes.com.au/queensland/gerard-badenclay-trial-live-coverage-day-18-week-5-201407...

[cherry*135]

Correction the Judge did say that. I was replying with the reasoning why the Defence didn't consider manslaughter as an option. I was not disagreeing with the Judges statement. So no need to make snarky comments about me needing to contact the Judge.

The Defence did not have manslaughter as an option, The Judge said that, I never disagreed with that statement.