Judge warns jurors in Baden-Clay trial over internet download
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Version 0 of 1. Jurors in the murder trial of Gerard Baden-Clay have been warned about seeking outside assistance during deliberations after one juror downloaded information on jury deliberations from the internet. Supreme court justice John Byrne recalled jurors from their deliberations in Brisbane on Thursday, two hours after they had retired to consider a verdict. The judge said a juror had apparently downloaded material on how a jury might approach deliberations. "What was done is wrong. I am, however, grateful that what has happened has been drawn to my attention," he told the seven men and five women. Byrne said he appreciated a juror's job was never easy and they may look for assistance. "That assistance must come from the court and only from the court and not from some external source," he said. "You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think," he told them, adding that the downloaded document wouldn't be returned to the jury room. Jurors already had a guide to jury deliberations available to them, the judge added. Jurors retired to consider their verdict on Thursday, on the 18th day of Baden-Clay's trial. The former real estate agent has pleaded not guilty to murdering his wife Allison in April 2012. Her body was found on a creek bank at Anstead in Brisbane's west on April 30, 2012, 10 days after her husband reported her missing from their home in nearby Brookfield. Before the jury retired, the judge told them that in order to convict Baden-Clay of murder they must be satisfied, beyond reasonable doubt, that Allison was dead, that Baden-Clay killed her, and that he did so with the intention of at least causing her grievous bodily harm. During the trial, prosecutors said the father of three probably smothered his wife at their house and dumped her body where it was found under the Kholo Creek Bridge. Baden-Clay's defence team has argued she could have taken her own life or died accidentally after wandering off at night. The trial heard from 75 witnesses, including Baden-Clay's former mistress, Toni McHugh, and a Queensland MP, Bruce Flegg, who knew Baden-Clay and lived near him. Allison's parents, Geoff and Priscilla Dickie, also gave evidence, while recorded police interviews with the couple's three children were played in court. Details of Baden-Clay's multiple affairs, his financial woes and Allison's history of depression were laid bare during more than four weeks of proceedings. About 180 items were submitted as evidence, including photographs of scratches on Baden-Clay's face and photographs of a trickle of Allison's blood found in the couple's car. |