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Baden-Clay murder trial is not a soap opera or whodunnit, jury told Allison Baden-Clay could have fallen or jumped to her death, murder trial told
(about 4 hours later)
Jurors in the murder trial of Gerard Baden-Clay have been urged not to treat it as some kind of "soap opera" or "whodunnit play" when considering their verdict. Brisbane woman Allison Baden-Clay could have fallen or jumped to her death while under the influence of anti-depressant drugs, a court has heard.
Baden-Clay's barrister, Michael Byrne, on Monday began his closing submissions, urging jurors to ignore the publicity that has surrounded the high-profile case. Gerard Baden-Clay's lawyer has outlined a possible explanation for the 43-year-old's death as his client's murder trial draws to a close in Brisbane.
"Ladies and gentlemen, this is a murder trial," he told the packed court as the hearing entered its fifth week. Defence barrister Michael Byrne QC told the Supreme Court jury on Monday that in April 2012 Allison's depression could have been triggered by discussion of her husband's affair and recent news that his brother's wife had borne a son.
"That may sound odd because if you have been following what's been happening outside of this court room you may be mistaken for thinking it's been a great big media event." The court has heard evidence that the mother to three girls had desperately wanted a boy to continue the Baden-Clay name.
Byrne said the jury's job was to "assess the evidence ... dispassionately and objectively", and to make sure they don't get caught up in the hype. Byrne suggested Allison took an extra dose of her prescribed anti-depressant medication early on 20 April 2012, and went for a walk to clear her head.
Former real estate agent Baden-Clay, 43, has pleaded not guilty to murdering his wife in April 2012. He said at 4am the drugs would have peaked in her bloodstream and she could have been affected by known side effects such as confusion, disorientation or suicide ideation.
Allison Baden-Clay's body was found on a creek bank at Anstead in Brisbane's west on 30 April 2012, 10 days after her husband reported her missing. "At some time, for some reason, she ends up in the river," Byrne said.
Using Powerpoint documents to highlight his main points, Byrne said his client had been charged with the most serious crime, despite no evidence he had ever displayed violence against his wife or anyone else. "The autopsy report can't rule out drowning, it can't rule out a possible fall, a jump from a bridge which could have rendered her unconscious."
The barrister pointed to Baden-Clay's community standing and reminded jurors that the trial's first witness, a police officer, had called him "one of the nicest guys in the world". Allison Baden-Clay's body was found on a muddy bank under the Kholo Creek Bridge in Brisbane's west on 30 April 2012.
"Somehow that person has murdered his wife, done so violently and then disposed of the body?" he questioned. The discovery was made 10 days after her husband reported her missing from their home in Brookfield, 13km away.
"Once you have carefully considered all of the evidence it's my submission to you that you will not be satisfied beyond reasonable doubt that Gerard killed Allison. Former real estate agent Gerard Baden-Clay, 43, has pleaded not guilty to murder.
"And once you do reach that point, then it is your duty to find him not guilty. During his closing remarks on Monday Byrne urged jurors to ignore "sensational" publicity surrounding the month-long trial and calmly weigh the evidence when considering their verdict.
"Yet a violent, murderous intent is what that man is charged with." He warned them against using moral judgments of Baden-Clay's adultery to convict his client of the serious crime of murder.
He mocked the theory that Baden-Clay drove his dead wife to the Kholo Creek bridge and dragged her down a steep, muddy bank without getting mud on himself or in the car. "Maybe you would think that you find his morals despicable. That is a far cry though from labelling him a murderer," Byrne said.
The barrister also reminded jurors that police had found no signs of a struggle or blood in the Baden-Clay family home. The barrister used slides to highlight major gaps in the Crown's circumstantial case, such as how Allison Baden-Clay died, his client's motive, and the lack of forensic evidence linking him to her death.
The couple's three daughters had heard no sounds on the night in question, Byrne added. A small amount of Allison's blood was found in the couple's car.
"Do you, as reasonable members of the community and persons of common sense and experience, believe such a scenario is even possible let alone one that you'd be satisfied in acting upon beyond reasonable doubt?" he asked the jury. "Why is there no blood anywhere in the house, outside the house, on the patio, in the carport, when the prosecution case is somehow the body is either dragged or carried through the foliage and deposited in the car?" Byrne asked.
The trial continues. He also dismissed the testimony of several forensic experts who said marks on Baden-Clay's face looked like fingernail scratches.
Byrne said none of the experts could rule out 100% that they were "shaving scrapes" from a blunt razor.
The barrister ridiculed claims his client had killed his wife because of financial pressure or plans to leave his wife.
Byrne is expected to conclude his address on Tuesday morning before the prosecution delivers its final remarks.