Alinta wrote on Jan 10^th, 2016 at 8:48am:



thank you I would be interested.. the reason I said it was because the book "The Fal".. is in front of a judge only....I have just finished her summing up.... and it is very interesting to read her judgements all  very clear .. the reason too is a judge would know all the tricks lawyers pull...and also the accused would pull......

what did interest me was her attention to BEYOND A REASONABLE DOUBT...she mentioned it in case of an appeal......and in her mind there was no doubt at all...in fact she said she felt that Lisa was dead in the apartment..and wasnt killed by the fall...

a lawyer being acquitted of murder??

who would have thought???

Yes Panther, nothing wrong with what you said.

However...if you are applying that to Gerard Baden-Clay


Then the circumstantial case against him is extraordinarily strong

Motive:   A million dollar insurance policy and freedom to explore his sexual wanderings

A toxic relationship with Allison brought on by his sexual relationships with in the main his own Secretary at his Real Estate business

He tried to borrow $400,000 to save his business. He failed in that endeavour. He was in deep financial straits

Further Evidence: The evidence of the botanist that proved Allison Baden-Clay body had been moved to the creek. (See my previous post for detail)

The cuts on his face (see my previous post for detail)

Allison Baden-Clay blood in the rear of her car overpowering circumstantial case against Gerard Baden-Clay



This taken as a whole provides a case which the Jury obviously saw clearly in sending him down

I don't know what world the 3 Appeal Judges (*referred to as the three wise monkeys) were thinking but clearly it wasn't about the facts in this case

THE JURY GOT IT RIGHT!i

MHO.....judge only trials are too subject to individual corruption, for it's far to easy to develop bias in the mind of a single jurist, as opposed to 12 average, basically honest & unbiased people, examined by both the  prosecution & defense to be so, who are set to decide your fate to the best of their ability based on fact & truth.

Judge only trials are too often the tools of a tyrannical government, far too disinterested in truth & justice.

cods wrote on Jan 10^th, 2016 at 9:35am:


Here you go Cods........this is the Summary of the judgement. 

http://www.supremecourt.wa.gov.au/_files/Judgment_Summary_Rayney.pdf

The full judgement is almost 400 pages so let me know if you want a link to it..........

Until this thread I had a great amount of respect for your knowledge of the law Aussie.

But your application of it in this case exposes huge weaknesses in your thought process.

It is obvious you are desperate to defend the 'three wise monkeys' decisions in this matter.

Their decisions are bullsh.t  that's right bullsh.it if I want to spell it that way I will.

Your responses to the points I made are practically childlike and therefore have no weight attached to them e.g. What the botanist discovered, which has huge significance forensically you have blown away with a 'whoopeeedo" what bullsh.t sort of response is that?

The three wise monkeys got it wrong, Gerard Baden-Clay murdered his wife for financial and sexual gain in his own life.

His life with Allison had gone down the toilet due to his weakness as a man then he decided to solve everything (in his own mind) by murdering Allison then getting a million dollar payday for his trouble.

If you can't see that then you are far less of a human being than I thought you were. You let 'The Law' blind your vision to what is patently obvious to the huge majority of posters on this site.

WAKE UP!!!!!

Gerard Baden-Clay will no longer be re-sentenced early this year after prosecutors succeeded in having the hearing postponed pending a High Court challenge.

Chief Justice Catherine Holmes agreed with Director of Public Prosecutions Michael Byrne that sentencing the 45-year-old for manslaughter could be pointless if the High Court appeal succeeds.

A Supreme Court jury in July 2014 found the former Brisbane real estate agent guilty of murdering his wife Allison in April 2012, but that conviction was set aside in the Court of Appeal last month and replaced with manslaughter.

Queensland Attorney-General Yvette D'Ath this week announced Mr Byrne was applying for special leave to appeal the downgraded conviction in the High Court.

At a Court of Appeal hearing in Brisbane on Friday, Justice Holmes said issuing a new sentence for manslaughter could be a waste of time.

"I do see merit in the argument that the process of ... determining the sentence which should be imposed for manslaughter may be rendered inutile (pointless) if the applicant were to succeed," she said.

"On the other hand I see no real prejudice to the respondent, Mr Baden-Clay, in the delay of some months in the determination of his sentence,".

The chief judge rejected Mr Byrne's argument that the case should be treated differently due to the "extreme" level of public commentary, and took the opportunity to hit out at some of it.

"The public comment, there's a fair bit of it already - some informed, some staggeringly ill-informed - but it's there and no doubt will continue," Justice Holmes said.

"So I don't quite see what difference it makes whether we proceed to impose another sentence."

Justice Holmes was one of the three Court of Appeal judges who downgraded Baden-Clay's murder verdict in last month's shock decision that sparked community outrage.

Baden-Clay tried to block the sentence postponement, with his barrister Tony Glynn arguing unsuccessfully that the prisoner was entitled to know as soon as possible what his sentence was.

A High Court appeal, if there is one, would be months away.

A preliminary hearing to determine whether an appeal will go ahead isn't expected until March at the earliest.

Mr Byrne's application, filed on Monday, seeks High Court orders to either dismiss the Court of Appeal's ruling or order a re-hearing of Baden-Clay's appeal.