red baron wrote on Jan 11
th, 2016 at 4:45pm:
I retract my mention of the Appeal Summary as my source of information re Allison Baden-Powell's insurance policy.
However I did not lie.
This Policy is in existence. It was mentioned in the Police Affidavits in the Court papers. I am unable to access those papers.
But I can supply reported evidence from the trial as recorded by Queensland's Courier Mail:
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 examination, 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.
[b]Justice David Boddice rejected that, saying the circumstantial case had factors that "if accepted by a jury" would make a strong argument.
He denied Baden-Clay's application for bail, saying the Brookfield father of three remained a flight risk.
The affidavits filed in the Supreme Court reveal much about the Crown's case for murder against the Brookfield real estate agent.
According to the police bail documents, on April 12, when Allison Baden-Clay had barely a week left to live, her husband picked up the phone in his office and dialled the company that held one of her two life insurance policies.
He asked for information on the policy but was told it could not be provided because it was not in his name, police alleged.
It had been more than a week since he had emailed his lover from a fake email account, reaffirming his love and reiterating a promise.
"I have given you a commitment and I intend to stick to it. I will be separated by 1 July," he wrote to Ms McHugh under his pseudonym, the police documents claim.
His commitment, the police have alleged, involved sorting out his extremely dire financial situation so he could leave his family and be with her.
He could not afford a divorce, he allegedly told her, but he would work things out so they could be together, the police court papers say.
The documents say that on April 18, two days before he would place a Triple 0 call to report his wife missing, Baden-Clay picked up his iPhone, logged onto the internet and searched the term "taking the Fifth".
[/b]The search yielded a raft of results, but Baden-Clay allegedly clicked on the "self-incrimination" Wikipedia link.
When Allison disappeared, the police argued, Baden-Clay was $1 million in debt.
Of that, $275,000 was owed to friends in "gentlemen's agreements", $200,000 to a former business partner, $335,000 as guarantor on a mortgage, $45,000 on a credit card, $75,000 to the CEO of Century 21, various business loans and police allege $58,000 to his parents, Nigel and Elaine.
"Enquiries to date have failed to identify any legitimate means of salvaging his debt or finances prior to July 2012 in order to meet his commitment to McHugh," the police affidavit said.
Bail denied
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. Picture: Nathan Richter.
But Baden-Clay had found a quick means of earning $967,000, the Crown has alleged, in his wife's life insurance policies and superannuation fund.
In the police documents, officers said he told them he had gone to bed at 10pm and left her watching television.
He is such a heavy sleeper, he told them, that he had no idea whether she came to bed.
But the next morning, on April 20, he became concerned when he awoke about 6am and found her missing.
Means, Motive and Opportunity!
* Alison had, apparently, phoned the Insurance company to downgrade HER cover from $1million to something much less (can't recall the figure) due to the fact that they were having problems covering "the bills".
* Alison had just been to the Hairdresser because she was going to some "conference" the next day and so was McHugh (the girlfriend).
* Gerbil (the rat) went to bed at 10? However, he was awake at 1.30 something to put his mobile phone on "charge", then took it off at 6.00 something. I seem to recall that he rang his father at some stage, which sounds odd. Perhaps the father helped "move the body?".
*The Autopsy didn't find any "fractures" or "brain damage" so that eliminates the "fell on the concrete and died" theory. I say that he suffocated her ... with her own top!
*I am sure that he had "help" to cover this up and the first person I would look at is his Dad.
So. He didn't INTEND to murder Alison but he achieved it ... whether it was "outside" so as not to wake the kids or not is irrelevant. HE KILLED HIS WIFE.
* Then he put the poor dead Alison in HER car and drove a short distance and THREW HIS DEAD WIFE over the Bridge.
* Next day, feigning as INNOCENT as can be, he LIED to all and sundry.
* He KNEW where her body was (he even checked Google to check what "incriminating yourself" meant") before he called the Cops.
* Then he lied and lied and lied and cried "It's NOT MY Fault" ... poor, poor, Gerbil (the rat).
* He never once said he was worried about Alison. He just lied and lied and lied.
* The JURY found him GUILTY. As they should have.
IF he wants it called MANSLAUGHTER, rather than MURDER ... I hope that he still gets the same incarceration ... LIFE .... but this is Queensland, where the "living is easy" and people can kill people and get away with it.
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