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.
- 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.
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