News

Court denies accused Christmas at home in Baden-Clay case

Allison Baden-Clay.
Allison Baden-Clay.

UPDATE: ACCUSED murderer Gerard Baden-Clay will not spend Christmas with his family after a second failed bail attempt.

The former real estate agent's lawyers tried to argue there had been a material change of circumstances since his last bail application.

They argued a toxicology report showing "fatal levels" of an anti-depressant drug showed his wife Allison was not murdered but committed suicide.

Justice Peter Applegarth said, in Brisbane Supreme Court, there had not been a material change of circumstances.

He said the "suicide theory" meant she must have walked 14km from her home to where she died or she hitch-hiked with a stranger who had not come forward despite "enormous" media coverage of her disappearance in April.

"One can put it no higher than a possibility," he said.

Justice Applegarth noted there was much evidence which went against the "suicide theory".

He said the accused had scratches on his face consistent with scratches, Allison's blood was in her eight-week-old car and plant species found on hair were connected to her house.

"That evidence flies in the face of the suicide theory and undermines it," he said.

 

Defence claims Allison Baden-Clay may have overdosed

LAWYERS for accused murderer Gerard Baden-Clay's lawyers have argued he should be released because the case against him could prove suicide as much as murder.

Barrister Peter Davis, acting for the former real estate agent's lawyers, told Brisbane Supreme Court that a toxicology report showed his wife Allison had "fatal levels"of anti-depressant Zoloft in her system when she was found dead.

The mother of three went missing from their Brookfield home in April this year.

A canoeist found her body 10 days later at Kholo Creek, near Ipswich.

Baden-Clay has been in custody since he was arrested for murder in June.

His lawyers made a second bail application in on Friday afternoon.

Mr Davis said there was a "solid hypothesis" for Baden-Clay's innocence which was his wife committing suicide.

"That must be a powerful consideration," he said.

"There is a real possibility that she died of an overdose."

Justice Peter Applegarth questioned the "suicide theory".

"But other causes of death cannot be excluded because of decomposition, such as suffocation," he said.

Mr Davis said there was "no evidence of that".

Justice Applegarth said "that's not the point", noting there was a range of theories for possible cause of death.

Mr Davis said his client was unlikely to flee because his family lived here and he had no passport.

He said Crown submissions at the first bail hearing suggesting his client had $1 million debts was incorrect, arguing they were closer to $58,000.

Mr Davis said the revised figure showed there was not the "impending doom" financially as alleged in the first bail hearing.

Crown prosecutor Danny Boyle will make his submissions for keeping Baden-Clay in custody next.

A committal hearing has been set for three days in March, with 43 witnesses set to be called.

Baden-Clay denies the charges.

* Anyone seeking someone to talk to about suicide should phone Lifeline on 13 11 14.
 

Topics:  allison baden-clay bail application editors picks gerard baden-clay



Sex attacker slapped with strict supervision upon release

Violent sex offender's life after jail no walk in the park

Nationals will not stop Essential Energy job cuts

Essential Energy workers are facing forced redundancies within weeks, according to unions.

Nationals leader rules out blocking Essential Energy's 600 job cuts

Where there's a will, there's $75,000 for orphanage

A man has left a third of his $232,000 estate to the Grafton orphanage.

St Joseph's Cowper children's home receives $75,000 from will

Local Partners

Jennifer Lawrence gives keys to new partner

Oscar winner Jennifer Lawrence

Oscar winner settling down with new partner

Rogue One star proud to lead new Star Wars film

Felicity Jones leads the new Star Wars film

Star Wars lead proud to be in front in sci-fi

What's on the small screen this week

Ernie Dingo stars in the TV series Going Places with Ernie Dingo.

ERNIE Dingo stars in a new travel series and Seven airs the AACTAs.

Mandy Moore feels like she's 60

Mandy Moore sees herself as a 60-year-old rather than a 32-year-old

Goooodbye Hamish and Andy (from our radios)

Hamish and Andy

The pair have been on air since 2006

David Attenborough on facing his mortality

Sir David Attenborough in a scene from the TV special The Death of the Oceans.

Life without Sir David Attenborough is hard to imagine

Chinese locked out of Australian property market

The rules are different if you're a foreigner

The buyer was from China - the trouble started right there

Morrison signs off on new affordable rental model

Australia's Treasurer Scott Morrison speaks during a press conference after a meeting of the Council of Federal Financial Relations at Parliament House in Canberra, Friday, Dec. 2, 2016.

Scott Morrison signed off on development of a new financing model

Coast high-flyer's fight back from bankruptcy, $72m debt

Scott Juniper went from millionaire developer to declaring bankruptcy in2012, now he is back on top of his game again with new developments including this one in Coolum.

'Apocalyptic lending storm' causes financial collapse.

Multi-level waterfront living in Bilambil Heights

121 Peninsula Dr, Bilambil Heights

Check out this week's feature property.

Retreat along the Rous River

701 Dulguigan Road, North Tumbulgum

Check out this week's feature property.

Ready to SELL your property?

Post Your Ad Here!