It seems that cods and Lisa both had loads of washing that required urgent attention.

Alinta wrote on Jan 13^th, 2016 at 11:38am:


She hasn't explained her lies, though.

http://www.ozpolitic.com/forum/YaBB.pl?num=1449536783/809#809

cods wrote on Jan 13^th, 2016 at 12:28pm:


"its strange too how the accused swears blacks white he didnt do it had nothing to do with it..

".he didnt kill her...

"yet his own lawyer says he did???....."

cods wrote on Jan 13^th, 2016 at 12:44pm:


"During Baden-Clay's appeal four months ago, his lawyers argued it was possible he could have unintentionally killed his wife during an argument at their home in Brookfield, in Brisbane's west.

"His lawyers then suggested a hypothesis that he covered up the death out of "panic"."

My replies are in response to Aussie's post No. 685

The justices also found the Crown argument that dumping the body could infer Baden-Clay was concealing evidence of an intentional killing "amounted to nothing more than speculation".

The appeal court pointed to the couple's history and minimal physical evidence in the case too.

"There were no injuries on the body of a kind to indicate an intent to kill or do grievous bodily harm," the judgment read.

"Nor was there any sign of blood or evidence of a clean-up in the house to suggest violence.

"There was no evidence at all that there had ever been any violence in the relationship between the couple.

COMMENT: There was no evidence to suggest that there ‘wasn’t’ violence between the couple. We do know that the relationship was toxic.


"A reasonably open hypothesis to that (Baden-Clay's) wife had attacked him, scratching his face.

"In endeavouring to make her stop he had killed her without intending to do so, with his conduct thereafter being attributable to panic.

[b]COMMENT[/b]: Why is this a reasonable hypothesis? Why I could reasonably say there  is a reasonable hypothesis to suggest that Gerard and Alison argued vehemently, that he attacked her attempting to strangle her and that he sustained the scratches on his face as Alison desperately fought for her life. Why isn’t this scenario equally as plausible as that of the Appeal Judges?

Acting Attorney-General Cameron Dick is seeking legal advice about appealing today's decision on the fate of Gerard Baden-Clay.

The Attorney-General must make a decision on any possible appeal within 28 days.


HOW THEY REACTED

Peter Shields, the lawyer for Gerard Baden-Clay, asked the public to read the judgment themselves (see below).

"They'll then be able to read for themselves the very considered reasons of a very experienced court," he said.

"They explain in very simple easy-to-understand language how they came to the conclusion that they did.

"I think it's important for the public to understand that it's open justice … they can make their own view based on the facts as the court has."


COMMENT:  This last sentence nails it. The Appeal Court Judges have come up with a scenario, ‘that they think happened'. In other words they have made it up as they  went along. Their hypothesis doesn’t hold water and cannot stand up to scrutiny.

red baron wrote on Jan 13^th, 2016 at 12:58pm:


I'll take that as a comment.

"A reasonably open hypothesis to that (Baden-Clay's) wife had attacked him, scratching his face.

"In endeavouring to make her stop he had killed her without intending to do so, with his conduct thereafter being attributable to panic.

COMMENT: Why is this a reasonable hypothesis? Why I could reasonably say there  is a reasonable hypothesis to suggest that Gerard and Alison argued vehemently, that he attacked her attempting to strangle her and that he sustained the scratches on his face as Alison desperately fought for her life. Why isn’t this scenario equally as plausible as that of the Appeal Judges?


That's the issue...........based on the evidence there are equally plausible scenarios.........and why the Appeal Court downgraded the charge to manslaughter....the prosecution didn't prove there could only be one scenario.........the scenario of intentional killing.

I see Alinta has posted the same while I was preparing my post.