News

Gerard Baden-Clay refused bail

Gerard Baden-Clay
Gerard Baden-Clay

GERARD Baden-Clay has been denied bail amid untested allegations he was having an affair, suffering "severe financial difficulties" and stood to benefit from his late wife's large life insurance policy.

Justice David Boddice told the Brisbane Supreme Court the Crown case alleging Baden-Clay, 41, had murdered his wife Allison at their Brookfield home on April 19 was circumstantial, but he could not agree with submissions from Baden-Clay's lawyer that it was weak.

He said though the evidence must still be tested by a jury, Baden-Clay had not proved his detention was not justified.

Barrister Peter Davis had argued there was no evidence proving Allison's cause of death, noting her only injury was a chipped tooth and blood allegedly found in the back of the family car could not be relied on when there were no wounds.

He said there was no evidence of where, how or when she died, nor any evidence of a weapon used.

Justice Boddice said those factors must be balanced against a "real risk" of mandatory life in jail if convicted and therefore "flight is a real possibility".

He pointed to untested allegations which, if a jury accepted, could result in "a strong case", starting with the fact Baden-Clay was the last person to see his wife alive.

Other allegations include:

  • Baden-Clay was having an affair with Toni McHugh, who told police he insisted he would leave his wife by a July 1 deadline, but he told police the relationship had ended before his wife disappeared. His mistress also told police she had asked Baden-Clay to tell his wife she would be at the same real estate conference the day Allison was reported missing.
  •  Allison's journey entries on April 18 and 19 revealed a discussion about the ongoing affair.
  •  Baden-Clay had dire financial problems. He phoned the life insurance company about his wife's policy after her body was found, but before it was positively identified as her. He immediately requested a death certificate and made a claim straight away.
  •  Baden-Clay told police he was a heavy sleeper and did not know if his wife slept next to him on April 19 because he was asleep from 10pm-6am. Police allege a forensic analysis of his phone would show he had unplugged his mobile phone from a charger at 8.45pm and reconnected it at 1.48am. The Crown also alleged there had been a "face time" call to Baden-Clay's father Nigel about 12.30am.
  •  Baden-Clay searched on Google for information about self-incrimination on April 18, the day before Allison was allegedly murdered, and again on April 20, the day he reported her missing.
  •  A Luminol test showed there was blood in the rear of Baden-Clay's car, which must be considered knowing the car was only eight weeks old.
  •  Forensic analysis show injuries to his face were consistent with scratches not the shaving injury Baden-Clay says occurred.

Justice Boddice said he was concerned about Baden-Clay remaining in custody for two to three years awaiting trial, but could not grant bail.

"Having considered all of the matters relied upon by (Baden-Clay) and the matters contended for by the Crown, I do not accept the contention the Crown case is a weak case," he said.

Timeline

  • April 19: Baden-Clay is the last known person to see Allison alive
  • April 20: Baden-Clay reports his wife missing.
  • April 30: Allison's body found at Kholo Creek.
  • June 13: Baden-Clay charged with murder and interfering with a corpse.
  • June 14: Baden-Clay faces Brisbane Magistrates Court on those charges
  • June 21: Bomb threat directed at the Brisbane Supreme Court where Baden-Clay's bail application is being heard disrupts proceedings
  • June 22: Baden-Clay refused bail.

Topics:  allison baden-clay brisbane supreme court gerard baden-clay murder



Relief from hot, sticky conditions on its way

Chance of a Saturday afternoon storm

LOOK WHO'S HIRING: Six Ipswich jobs up for grabs

12/03/09  181407Business cover.search for jobs jobseeker unemployed careerMICHAELA O'NEILL/ SUNSHINE COAST DAILY

Plenty on offer for multiple skill and experience levels

Local Partners

Madonna hopes for election unity

Madonna hopes Donald Trump's election will "bring people together"

JK Rowling rules out Cursed Child trilogy

JK Rowling has ruled out a 'Cursed Child' movie trilogy

Buckley's chance in psychological thriller

James McAvoy and Betty Buckley in a scene from the movie Split.

Broadway veteran back on big screen with James McAvoy

Daniel MacPherson: acting’s a bit like channel surfing

Australian actor Daniel MacPherson in a scene from the American TV series APB.

THE Aussie export talks about making his mark in the US.

Shopping isn't fun if you can see dead people

Lisa Marie Woodham will be giving readings in Gladstone until Saturday January 21.

Shopping isn't fun if you can see dead people

Chopper's Republic of Ipswich

HELLO: Chopper will perform his new show Anzakistan at the Racehorse Hotel next month.

Popular character returns

Ipswich house prices looking up in "seller's market”

Region's median house price climbed 1.4% to $325,000 and the median unit price fell 13.8% to $235,000 in the September quarter.

Median house price climbs 1.4% to $325,000 as unit price falls 13.8%

By the water's edge

Secure your seachange

Work to be done before Hungry Jack's opens

Roadworks outside the Hungry Jack's restaurant at Brassall must be completed before it opens.

Ipswich residents will have to wait for their Whoppers

HOT PROPERTY: Money to spend on land, buildings

File picture.

Sale, leasing of industrial real estate picks up in Mackay

Collapsed Coast company could owe up to $5 million

Staff, ATO, landlords among those out of pocket.

Ready to SELL your property?

Post Your Ad Here!