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| Lawyers and supporters of Gerard Baden-Clay leave Brisbane's Supreme Court after hearing that he had been denied bail on a charge of murder. |
GERARD Baden-Clay has been denied bail because of the "real risk of flight" - the chance he might flee - while awaiting a possible life sentence.
"Flight is a real possibility," Justice David Boddice said today, announcing his decision over a bail application heard in Brisbane's Supreme Court.
He said it was a concern that a person could be kept in custody for up to three years without having been convicted of committing an offence.
"Delay is obviously a matter of considerable importance," he said.
He said Baden-Clay had substantial ties to the community, including his business and his three daughters.
However, he said those factors must be balanced against the fact Baden-Clay was facing life in prison.
Earlier, the court heard that Baden-Clay's mistress had insisted he warn his wife on the night of April 19 that both women would be at the same real estate conference the following day.
It was that same night, police have alleged, that Allison was murdered.
In outlining the facts of the case, Justice Boddice said Baden-Clay reported his wife missing on the morning of April 20, 2012.
It is alleged Baden-Clay said he had gone to bed at 10pm the night before but had no idea whether she joined him because he is a heavy sleeper.
He allegedly told police he called them at 7.15am because Allison had been due to leave for a real estate conference that morning at 7am.
Justice Boddice said Peter Davis SC, for Baden-Clay, described the Crown case as "weak", saying there had been no cause of death ascertained from the post mortem, no evidence as to where she was killed, what date or time she was killed and no evidence to show he had left his home on the night she disappeared.
But Justice Boddice rejected that claim, saying the circumstantial case had many factors that "if accepted by a jury" would make for a strong argument.
He said those included:
- Baden-Clay was the last person to see his wife alive.
- He had injuries to his face that he claimed were from shaving, but a forensic analysis concluded to the contrary. The analysis showed the marks were scratches.
- He told police that he was a heavy sleeper and had no idea whether his wife had come to bed but forensic analysis from his mobile phone showed it had been unplugged from its charger at 8.45pm on April 19 and reconnected at 1.48am on April 20. Police also found evidence of a "face time" call between Baden-Clay and his father Nigel's number shortly after midnight.
- Allison's blood was found in the rear of Baden-Clay's car, consistent with "her body being moved by being placed in the rear of the car".
- Baden-Clay was suffering severe financial difficulties and was due a large insurance payout on his wife's death.
- He contacted the insurance company after a body was discovered but before it was identified as being his wife. Baden-Clay demanded an urgent copy of Allison's death certificate and then made an immediate claim on the policy.
- He had been having an affair with another woman and told police it was long over but evidence presented by police alleged it was ongoing and that Baden-Clay had planned to leave his wife for his mistress by July 1.
- Entries in Allison's journal on April 18 and 19 talked of the affair and a hand drawn map of Ms McHugh's home was allegedly done by Baden-Clay - proving, the crown alleged, that they had been speaking about his relationship with another woman.
"I do not accept the contention that the crown case is a weak case," Justice Boddice said.
He said despite having many links to the community, the risk of flight was too great.
Earlier, The Courier Mail reported that blood was found in the rear of Gerard and Allison Baden-Clays' family car that was confirmed to be hers, according to a police affidavit submitted to a Supreme Court bail application hearing this morning.
But Peter Davis SC, for Mr Baden-Clay, disputed this, saying it was a luminol test only and not her blood.
Mr Davis said the only injury suffered by Allison as revealed in the post mortem was a chipped tooth. He asked why there would be blood in the car if she had no injuries.
At this morning's bail application hearing for Mr Baden-Clay, it was also claimed police recovered a journal kept by his wife where she wrote about her husband's affair with Toni McHugh on April 18.
They say in their affidavit that this would have led to an argument between the two of them but Mr Davis said that was an assumption only.
Baden-Clay's counsel has not yet responded to these allegations.
The prosecutor Danny Boyle claimed the Crown did not need to provide evidence showing it was Allison's blood in the car at this stage of the proceedings.
The Crown relies on the facts as outlined in submissions, Mr Boyle argued.
He alleged the financial gain from Allison's death went to the motive for her murder.
He also alleged Mr Baden-Clay had a "deadline" of July 1 for when he intended to separate from his wife.
He claimed in Allison's journal there was a diagram of Ms McHugh's house, drawn by Mr Baden-Clay, as part of their counselling.
Mr Baden-Clay allegedly told police his affair with Ms McHugh had ended some time before Allison's disappearance, "when in fact the relationship was continuing when she went missing", the prosecutor argued.
He said Ms McHugh would give evidence at a trial.
The Crown said its case against Baden-Clay relied on several points:
- His relationship with his wife was unstable and "his intention for a future with Ms McHugh".
- He was in dire financial trouble and stood to benefit greatly from Allison's death.
- He had the opportunity, being the last person to see her alive.
- The deceased's blood was allegedly found in the boot of Gerard's car.
- Mr Baden-Clay told police the mark on his face came from shaving but a forensic examination concluded that was not the case, and that it was a scratch.
Mr Davis has asked for a non publication order until the court's ruling on the bail application was handed down.
The court broke for lunch and was due to continue the hearing from 1pm.
The police are objecting to Mr Baden-Clay getting bail because they say he could interfere with potential witnesses.
Mr Davis said his client should have bail so he can continue caring for his children.
He said Mr Baden-Clay had no valid passport at the moment.
Mr Davis said there has been no cause of death, no evidence putting him at Kholo Creek, no sightings of the car and no evidence of a time of death.
A large crowd has again turned out for accused wife killer Gerard Baden-Clay's second attempt at applying for bail.
Yesterday's hearing was shut down after just five minutes when a security threat was phoned in to the Supreme Court.
Mr Baden-Clay has been charged with murdering his wife Allison, 43, at their Brookfield home on April 20 and interfering with her corpse at Kholo Creek on the same night.
He has not appeared in court this morning, but his sister Olivia Walton has attended.
Mr Davis SC has indicated his client will seek to gain a suppression order.
Earlier, police with sniffer dogs conducted another security sweep of the courts complex after yesterday's lockdown.
Full story: www.CourierMail.com.au
22.6.12
