Judge’s ‘scepticism’ at Baden-Clay parole

Written By Unknown on Selasa, 15 Juli 2014 | 14.41

Remembering Allison Baden-Clay.

GERARD Baden-Clay has been found guilty of the murder of wife Allison Baden-Clay and been sentenced to life imprisonment with a 15-year non-parole period.

The former Brookfield real estate agent, 43, pleaded not guilty in the Supreme Court at Brisbane at the opening of his trial six weeks ago.

A jury of seven men and five women delivered its verdict shortly after 11.50am today after deliberating for 21 hours before reaching a decision.

REVEALED: What the jury wasn't told about Baden-Clay

ALLISON'S FAMILY: 'I know you did it, you know you did it'

Justice John Byrne asked the jury to retire to deliberate on Thursday at 11.10am.

Jurors lined up across one side of the court as they were asked by the judge's associate: "Do you find the defendant Gerard Robert Baden-Clay guilty or not guilty of murder?''

The family of Allison Baden-Clay, including her parents Geoff and Priscilla Dickie, who are seated in the packed public gallery of court 11, cheered as the jury replied: "Guilty".

The accused was seated in the dock and stood to talk to his lawyer Peter Shields as the judge discharged the jury and thanked them for their service.

Justice Byrne told the jurors he was grateful for their service.

Gerard and Allison Baden-Clay.

Crown prosecutor Todd Fuller QC said Baden-Clay had multiple pressures weighing down on him on the night his wife disappeared on April 19, 2012: from her, his mistress Toni McHugh and as a result of a real estate business that was mired in debt.

He said the accused "efficiently and effectively" killed his wife, probably smothering her, as she fought for her life at their home on Brookfield Road.

He said Ms Baden-Clay scratched her husband's face as she fought him off.

"They are fingernail marks, they are on his face, they occurred after his children went to sleep and before his children got up," Mr Fuller said.

"There was a struggle between the two of them and she left her mark upon him.

Jurors in the Gerard Baden-Clay trial have asked for clarification about using circumstantial evidence.

"They are damning and link to the act of violence without any doubt."

He said Baden-Clay dragged his wife's body across the back patio of their homes, where leaves unique to the property became entangled in her hair and clothing, and then placed her in the back of the family's silver-coloured Holden Captiva.

Mr Fuller said rivulets of Ms Baden-Clay's blood were found in the rear of the car.

He said the accused drove her body 13km away to the Kholo Creek Bridge at Anstead, parked on the side of Mt Crosby Rd and dragged her down below the bridge, pushing or rolling her off the concrete culvert at the bottom to the mud bank below.

Baden-Clay reported his wife missing the next morning, contacting 000 at 7.15am.

Despite a massive search by police and SES throughout the Brookfield area, Ms Baden-Clay's body was not found until April 30, 2012.

He was arrested by police for her murder on June 13, 2012.

Baden-Clay steadfastly maintained his innocence during his five-week trial, even getting in the witness box to declare he did not kill his wife and raising doubts about her mental health in the lead-up to her death.

Revelations of his long-running affair with Ms McHugh and trysts with other women throughout his 14-year marriage with his wife painted a picture that their union was anything but happy.

Jurors on the case of alleged wife killer Gerard Baden-Clay are set to resume their deliberations.

In the lead-up to his wife's disappearance, Gerard Baden-Clay sent secret emails to Ms McHugh promising he loved her unconditionally and would be out of his marriage by July 1, 2012.

In testimony, however, Baden-Clay said he never intended to leave his wife for Ms McHugh and he was just "placating" her.

But the words in Ms Baden-Clay's diary showed she was hurt and fearful of her loveless marriage, blaming herself for her husband's lack of intimacy as he met with Ms McHugh after working hours behind her back.

"I would give anything if my partner would love me and make love to me," she wrote.

The jury was also told of Baden-Clay's spiralling debt woes.

He loaned $270,000 from a trio of financially savvy friends in early 2011 to help rescue the business from overspending and a lull caused by the floods.

Separately, he had until June 30 with the option of extending until September 30, to come up with $270,000 in order to buy out the rent roll of his business from two partners.

Mr Fuller argued a separation with his wife would cause the accused financial losses but it also grew evident he stood to gain from two life insurance policies.

Baden-Clay countered that his father had worked in the industry and urged him to take out the policies, as well as make a claim the day after his wife's body was found.

The Supreme Court judge in the trial of Gerard Baden-Clay has warned jurors not to seek outside assistance.

Mr Fuller argued Baden-Clay was practised in deception.

"Now, do we know anybody who is good at covering their tracks, avoiding suspicion, hiding from what they have done from others, keeping up appearances in adversity, willing to do or say to people whatever they need to protect their own position? Somebody who has lived a lie," he said.

Gerard Baden-Clay said he had nothing to say on why sentence should not be passed on him.

Crown prosecutor Todd Fuller QC said the accused had no previous criminal history and had been held in custody since his arrest on June 14, 2012.

He tendered a pre-sentence custody certificate to the court that indicated Baden-Clay had been in jail for 762 days.

Members of the Baden-Clay family read victim impact statements to the court.

Ms Baden-Clay's mother, Priscilla Dickie, read hers first from the witness box.

"She was an incredible achiever," she said,.

Ms Dickie said it was obvious to her that one of the last things her daughter did was to "leave her mark on her husband".

The jury in the Gerard Baden-Clay murder trial are still deliberating, determining the fate of the accused wife killer

She said she waited for 10 days at the Brookfield Showgrounds for news her daughter's body was found.

"We went from being a happily retired couple ... to being guardians for three young girls," she said.

"The impact of finding out about the troubled relationship over the past few years has been distressing. It has devastated me to know Allison had been living in a fearful relationship and had been trying to handle such a situation alone."

Ms Dickie said Baden-Clay's affairs, self-interest and lies had disgusted her and her family.

"He betrayed her. He has made a mockery of their marriage and their life together," she said.

She said he had shown no remorse.

"For the love of her husband and her children, Allison stayed and she died," Ms Dickie said.

She said the impact of her daughter's death had completely changed her life and that of her family.

"Allison did not leave her girls. She had so much to offer them, she just loved them," she said.

Ms Dickie said they had all been loved of Allison's love and guidance.

She said the support of family and friends gave her the strength to carry on as they waited for news following the disappearance of her daughter on April 20, 2012.

"We were shocked that after all that time, her husband did not once come to search at the command centre," she said.

"No one can take the place of a mother and my heart breaks as I do my very best to."

She said she now cared for her grandchildren.

"They miss her terribly and cry for her every night. The girls will never see their mother again, not just now, but ever," she said.

Ms Dickie said through tears it was heartbreaking the three girls had been deprived of the love of a caring and devoted mother.

"The tragedy of it all is that she had so much to offer," she said.

"Our lives are so very different, everything has changed."

She said her life now revolved around her three grandchildren.

"You have changed your daughter's destiny and sentenced them to a journey they must take through life as a mother," she said.

Family and friends of Allison Baden-Clay celebrate the guilty verdict of Gerard Baden-Clay at his murder trial. Picture: Darren England. Source: News Corp Australia

Allison Baden-Clay's father Geoff Dickie read his victim impact statement to the court.

He said he was a grandfather to three girls, now aged 13, 10 and seven.

He said he had been devastated by his daughter's death.

Mr Dickie said his daughter was intelligent and friendly who lived as an exchange student in Denmark after school.

He said she travelled the world and studied languages.

Mr Dickie said his daughter gave up her career to raise a family with her husband but "paid the ultimate price".

"From the time we received the phone call on the 20th of April, my life has changed," Mr Dickie said.

"As a result of the murder of our daughter, I am living an entirely different lifestyle ... and it has left an enormous black hole from which I will never recover."

Mr Dickie said he still woke in the middle of the night and struggled to sleep, thinking about the moment his daughter was attacked.

"I will strive to live life to the maximum due to the fact I have the immense privilege to care for Allison's three beautiful daughters," he said.

He said he would not change anything about his life now, unless he could bring his daughter back.

Mr Dickie said he tried to help his grandchildren live the life their mother would have wanted.

"They woke up the next morning to find their mum missing forever, they did not have a chance to say goodbye," he said.

Mr Dickie said the girls had been left with pain and disappointment.

"A father's duty is to protect and care for his daughter ... I failed in that duty to my daughter and I will have to live that for the rest of my life," he said.

He told Baden-Clay he was devastated and outraged by the way he had sullied his daughter's life.

"The girls' father has taken their mother from them forever ... Allison, I love you and miss you and you will be in my heart forever," he said.

Evidence presented in the murder trial of Gerard Baden-Clay. Source: CourierMail

Allison Baden-CLay's sister, Vanessa Fowler, then addressed the court.

She said her sister "left this Earth too young".

"I feel cheated that I never got to say goodbye, I have been robbed of a life together with my sister. We will never get to have that one last cup of coffee together ... I miss her," Ms Fowler said.

She said she had moved from the Gold Coast to Brisbane to help support her parents and help them look after her sister's three daughters.

Ms Fowler said she was a supporter and carer to her three nieces.

"Allison inspired me to be a better person. A better mother. She loved life, loved her daughters and was loved by all," she said.

She said her sister was strong, resilient, compassionate and fun.

Ms Fowler said her sister had four businesses on the go, three children and two mistresses to deal with, making her very strong.

"Allison never allowed depression to take over her life, she was never so debilitated she could not function," she said.

She said Ms Baden-Clay was passionate about building resilience in young children through the Pathways program.

She said her death had left a dark void.

"We remember her smile, her laughter, her friendship and her love, for this is how she lived her life," she said.

Ms Fowler said she felt great sadness for her sister's daughters.

"Despite the stresses in her life, Allison's care of her children was her utmost priority ... during this trial there has been an overemphasis and exaggeration of the negative aspects of her life," she said.

She said her sister had been ridiculed, degraded and belittled during the trial.

"This was inflicted on her in life and now in death," she said.

She told Baden-Clay her sister had left her mark on him to make sure he paid for his "evil ways".

'It is because of you that numerous lives have been changed forever," she said.

Ms Fowler said Baden-Clay had showed no remorse, carrying on like "business as usual" while his wife lay cold and wet under a bridge.

"For the first time since she married you, she has come out on top," she said to the accused.

Ms Fowler said it had been proven her sister did not take her life or "go for a walk and die".

"Only two people know the answer to those questions. One is dead at the hands of another," she said.

She said her sister's life was cut short because of greed and self-satisfaction.

She said her sister's only crime was to be loved and love.

A victim impact statement from Ashley Dickie, Allison' Baden-Clay's younger brother, could not make the verdict, so it was read to the court by Vanessa Fowler.

She said "I know you did it, you know you did it" and whatever time he spent in jail would not be enough.

Justice John Byrne then started to sentence Gerard Baden-Clay.

Supporters release yellow balloons after the verdict in the Baden-Clay murder trial. Picture: Jack Tran Source: News Corp Australia

He said Allison Baden-Clay knew nothing about the resumption of her husband's affair with Toni McHugh on April 19, 2012.

He said if the two women were to meet the next day at a real estate conference, the consequences could have been "dramatic".

He said Baden-Clay's unsuspecting wife was doing her best to maintain the marriage.

Justice Byrne said Allison Baden-Clay was tormented by her husband's affair and questioned him about it that night.

"All the pressures proved too much for you.

"The prosecution suggests you smothered Allison and that looks likely, but whatever the means, your violent attack caused her death," he said.

"Your fingernails scratched her face. The act of a desperate woman struggling for life. Those marks are only consistent with your guilt."

He said Baden-Clay's conduct after his wife's murder had been "shameful" and spoke of a "profound absence of remorse".

Justice Byrne said the accused dumped his wife's body in an undignified way, exposed to the elements, under a bridge, and put into place a plan of deception.

He said Baden-Clay used a razor blade to cut himself where his wife had scratched him, "trying to disguise the injury she had inflicted in defending herself".

"You drove around the streets of Brookfield pretending to look for her," he said.

"You have insinuated that mental illness may have led to drug overdose or suicide and besmirching Allison's memory in that way is thoroughly reprehensible," he said.

He said the accused was definitely not of good character, despite having no criminal history.

"You are given to lies and deception," he said.

Justice Byrne said 15 years was the minimum parole eligibility date for the accused, but any application by Baden-Clay would need to be considered by a future parole board with "considerable scepticism".

"The community, acting through the court, denounces your lethal violence," he said.

"The impacts on Allison's family have been grave. Their victim impact statements poignantly depicts their pain.

"You took a devoted, loving mother from her three girls, blighting their lives."

He declared 762 days in pre-sentence custody as time served.

Justice Byrne sentenced Baden-Clay to life in jail with a 15-year non-parole period.

Lawyers for Gerard Baden-Clay, Peter Shields and barrister Michael Byrne QC, told media outside the Brisbane Supreme Court that their client was distraught by the verdict.

"Not withstanding that, my client and his family will continue to support each other through this very difficult stage," Mr Shields said.

He asked media to give Baden-Clay's family space in the following days.

"It's important to understand my client's family is not on trial here, they should be left alone and their privacy should be respected," Mr Shields said.

Mr Shields said it would not be appropriate to comment on an appeal at this stage.

Allison's best friend Kerry-Anne Walker spoke to a crowd of waiting media on behalf of the Dickie family.

"It has been a long wait over the last two years, and this result today marks the beginning of our long journey towards healing, and finally allowing us to mourn and grieve for this beautiful woman," she said.

"Today is not a win for our family, for it will not bring our beautiful Allison back.

"However, it is the closure of another chapter in this journey for our family.

"We have lost Allison and nothing that has happened here will bring her back.

"We as a family will grieve her tragic death forever, the memories tarnished by the fact that she was taken from us in such horrific circumstances."

Read the full statement from Allison's family here.

Detective Superintendent Mark Ainsworth told the media that today's verdict culminated two years of pain and suffering for the Dickie family.

"Personally, myself and other members of the police that have had to deal with the family throughout this trauma have been overwhelmed in the way they've dealt with the matter," he said.

"When our first response officers, the uniform response officers attended the call made by Gerard reporting his wife missing, the work that they demonstrated was nothing short of outstanding.

"They formed a suspicion very early in the piece, contacted their supervisors, who again performed some outstanding work notifying the CIB at any early stage.

"The detectives from Indooroopilly CIB that responded and ramped this investigation up to a high level at a very early stage should be commended in relation to their activities."

Det Supt Ainsworth said the investigation was conducted in two parts - the search for Allison and the Major Incident Room where detectives gathered evidence on her killer.

He said every officer should be commended for their efforts.

Det Supt Ainsworth said SES volunteers and police were engaged in a relentless search.

He thanked the SES for their invaluable help.

"These are volunteers who gave up their work time, took holidays to assist in searching for Allison,'' Det Supt Ainsworth said.

He also thanked the Dickie family, who remained at the search site all day, every day.

"The support that family gave us under the circumstances I have never ever seen before. It was overwhelming and encouraged the police to conduct the search in the manner we did," he said.

"Things that we've never seen before in our experience - police officers giving up days off, public holidays, police recruits doing the same ... everyone determined to find Allison.

"One disappointment out of this investigation, if anything, was the time it took us to find Allison."

Detective Superintendent Brian Wilkins, who headed the Homicide Squad at the time, acknowledged the commitment and engagement of all police involved in the investigation.

"That starts from our general duties police that turned up at the crime scene first up, our forensic services police, our investigators from State Crime, the Homicide Squad, Indooroopilly CIB, all of whom have committed significant amounts of their life to this investigation,'' he said.

Det Supt Wilkins said police were also grateful for the efforts of the expert witnesses, in particular hydrologist Martin Giles and botanist Dr Gordon Guymer.

Follow the trial of the year day-by-day here:

DAY 20: Question stops jury deliberations

DAY 19: Jury warned on outside sources

DAY 18: Judge says manslaughter an option

DAY 17: Judge begins summing up

DAY 16: 'It was an efficient, effective killing'

DAY 15: 'She can't sleep, she's up alone, what if ...'

DAY 14: 'You killed your wife.' 'No, I did not.'

DAY 13: Allison's journal 'untrue', says Baden-Clay

DAY 12: Baden-Clay's love triangle email trail

DAY 11: Baden-Clay's tears as he takes the stand

DAY 10: How it unfolded as the Crown rests

DAY 9: Plants on Allison found at her home

DAY 8: Jurors inspect site where body found

DAY 7: Neighbour's explanation for scream

DAY 6: Scratches not typical of razor

DAY 5: Listen to triple-0 call to police

DAY 4: Accused told lover to lie low

DAY 3: Neighbours heard screams

DAY 2: Daughter's tape brings tears

DAY 1: Photo shock in murder trial

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