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Queensland

Gerard Baden-Clay Trial Live Coverage: Day 13, Week 4

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Baden-Clay was placating a fantasy

Gerard Baden-Clay admits deceiving his wife for nearly four years but says promises to leave Allison were merely to placate a fantasy of his mistress.

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Wrap: This afternoon ...

* Mr Baden-Clay denied being concerned about his wife's impending run-in with his mistress Toni McHugh at a real estate conference on April 20, 2012.

* The 43-year-old insisted the injuries on his face were shaving cuts, not fingernail scratches.

* He said he did not know how his mobile phone came to be connected to a charger near his bedside table at 1.48am on April 20.

* He also repeatedly denied being under significant financial pressure at the time of his wife's disappearance.

Earlier ...

* Mr Baden-Clay admitted he deceived his wife and his mistress while having brief affairs with other women.

Follow our full coverage of the trial here.

Court has adjourned for the day.

 

Mr Fuller: "The furthest thing from your mind was that your wife had committed suicide?"

Mr Baden-Clay: "It was not something that was at the forefront of my mind."

Mr Fuller: "Or that she had been affected by medication and wandered off?"

Mr Baden-Clay: "It was not at the forefront of my mind, no."

Mr Fuller has questioned Mr Baden-Clay about the morning he reported his wife missing.

Mr Baden-Clay said his foremost concern was that his wife had slipped, hit her head and been knocked unconscious on her morning walk.

Gerard Baden-Clay.

Gerard Baden-Clay. Photo: Supplied

Mr Fuller: "You told someone else that you were going to sell the business."

Mr Baden-Clay: "Sell the business?"

Mr Fuller: "Did you tell Toni McHugh that you were considering selling the business?"

Mr Baden-Clay chuckled.

Mr Baden-Clay: "Yes, I did."

Mr Fuller: "Wasn't that on the 19th?"

Mr Baden-Clay: "It may have been."

Mr Fuller: "Well that's a pretty dramatic step."

Mr Baden-Clay: "But I wasn't going to sell the business. I was yet again saying something to placate her and calm her down."

"You were under pressure and Bruce Flegg was your last resort, wasn't he?" Mr Flegg said. 

"No he wasn't my last resort," Mr Baden-Clay replied.

Mr Fuller has reminded Mr Baden-Clay that he asked Queensland MP Bruce Flegg for $400,000.

The court has previously heard Dr Flegg refused to loan Mr Baden-Clay any money.

Kevin Rudd, Brendan O'Connor and Bruce Flegg at the opening of a new homeless facility in Brisbane in 2012.

Kevin Rudd, Brendan O'Connor and Bruce Flegg at the opening of a new homeless facility in Brisbane in 2012. Photo: Glenn Hunt

Mr Fuller: "Let's deal with your business for the moment. You told police ... that you were on the bones of your arse."

Mr Baden-Clay: "I don't remember using that term, but we weren't flush with cash."

Police photograph of marks on Gerard Baden-Clay's face.

Police photograph of marks on Gerard Baden-Clay's face. Photo: Court Exhibit

Mr Fuller has turned his attention to the scratches on Mr Baden-Clay's face which appeared the morning he reported his wife missing.

"I suggest to you that what you did to your face was not a shaving injury," Mr Fuller said.

"It was," Mr Baden-Clay replied.

"That it came about when your wife scratched you," Mr Fuller said.

"It did not," Mr Baden-Clay replied.

"At a time when she was struggling with you," Mr Fuller said.

"No, that's completely false," Mr Baden-Clay replied.

"You had been using the phone up until the last message you sent?" Mr Fuller asked.

"Well I had gotten permission from Allison to send those," Mr Baden-Clay replied.

Mr Baden-Clay again denied connecting his phone to the charger that night.

Mr Fuller said Mr Baden-Clay's mobile phone was connected on a charger on his bedside table at an "ungodly hour" of 1.48am on April 20, 2012.

Mr Baden-Clay said he no recollection of when his phone was put there.

Police photograph of the Baden-Clays' bedroom.

Police photograph of the Baden-Clays' bedroom. Photo: Court Exhibit

Mr Fuller: "Now let's have a change of tack. Your phone. It's your lifeblood as a real estate agent."

 

Mr Fuller asked Mr Baden-Clay why he twice phoned Ms McHugh in the days after his wife's disappearance.

"Well Toni McHugh had nothing to do with the disappearance of Allison, did she?" Mr Fuller asked.

"I don't know, but I presume not," Mr Baden-Clay said.

Gerard Baden-Clay in the stand.

Gerard Baden-Clay in the stand. Photo: Nine News

Mr Fuller: "No fear at all of those two ladies coming together?"

Mr Baden-Clay: "No fear of there being an altercation."

Mr Fuller: "There didn't need to be an altercation."

Mr Fuller said Ms McHugh may have handed Mrs Baden-Clay the email in which Mr Baden-Clay had promised to be with her by July 1.

Mr Baden-Clay replied: "I had no fear of that happening."

Mr Fuller: "That would have had a catastrophic effect on you."

Mr Baden-Clay: "It never entered my mind that that would occur."

Mr Fuller: "Allison may have forgiven you once, but would she forgive you again?"

Mr Baden-Clay: "It was not my concern that there would be an issue."

Mr Fuller: "It would have caused you considerable professional and personal embarrassment."

Mr Baden-Clay: "Of course."

Mr Fuller: "But it didn't cross your mind as being a risk?"

Mr Baden-Clay: "No."

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder. Photo: Court Exhibit

Mr Fuller referred to an email Ms McHugh sent Mr Baden-Clay telling him she was tired of "pacifying" his marriage and being "second best".

"Wasn't she capable of saying all that to your wife?" Mr Fuller asked.

The court has previously heard Ms McHugh and Mrs Baden-Clay were due to come face-to-face for the first time since the affair had been made public at a real estate conference on April 20, 2012.

"No ... I had known her [Ms McHugh] for a period of over four years and I knew she had these explosive moments and then cooled down afterwards," Mr Baden-Clay said.

"I had no concern. Allison had probably anticipated that Toni would be at that conference anyway."

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder. Photo: Court Exhibit

A copy of Allison Baden-Clay's journal has been tendered to the Brisbane Supreme Court.

A copy of Allison Baden-Clay's journal has been tendered to the Brisbane Supreme Court. Photo: Court Exhibit

Mr Fuller has asked Mr Baden-Clay about the list of questions in Mrs Baden-Clay's journal.

In the journal entry Mrs Baden-Clay wrote: "Laughed at undies. Told me I smelled."

Mr Fuller asked Mr Baden-Clay to explain the comments.

"We had recommenced our sexual relationship in February [2012] after the best part of nine years without any and it was very awkward initially. There were a couple of occasions, the beginning, where Allison was very self-conscious and very self-aware of what we were doing and I think she thinks that I laughed at the underwear that she was wearing and that's not true," Mr Baden-Clay said.

"What about the next one?" Mr Fuller said.

"I didn't tell her she smelled. Neither of us had had a shower on one occasion and I said maybe we should have a shower because we smelled," Mr Baden-Clay said.

Mr Fuller suggested Mrs Baden-Clay asked Mr Baden-Clay those questions on Thursday April 19, 2012.

"That's completely untrue," Mr Baden-Clay said.

Mr Fuller said Mr Baden-Clay failed to tell police on the morning he reported his wife missing that he had rekindled his relationship with his mistress Toni McHugh.

"At that point in time my primary concern was for Allison's safety and her whereabouts," Mr Baden-Clay said.

"At any moment I anticipated that she would be back. So no, I did not discuss the fact that I'd been in contact with Toni McHugh."

The view from Mt Coot-tha.

The view from Mt Coot-tha. Photo: Michelle Smith

Crown prosecutor Todd Fuller QC has continued his cross-examination of Gerard Baden-Clay.

Mr Fuller has turned his questioning to the night Mr and Mrs Baden-Clay drove to the Mt Coot-tha Lookout to discuss his affair.

The court has previously heard Mrs Baden-Clay asked her husband a series of questions about the time he spent with his mistress Toni McHugh on the evening of April 18, 2012. The questions were written in Mrs Baden-Clay's journal.

"You didn't tell police about a conversation on the 18th," Mr Fuller said.

"They didn't ask me about that," Mr Baden-Clay replied.

The jury has been called to return to the courtroom.

Court is in session.

Court has resumed.

But legal argument is continuing between the prosecution and defence counsels.

The jury is not yet present.

Crown Prosecutor Todd Fuller QC.

Crown Prosecutor Todd Fuller QC. Photo: Renee Melides

Wrap: So far today ...

* Crown prosecutor Todd Fuller QC began his cross-examination of Mr Baden-Clay in dramatic fashion.

Mr Fuller: "Mr Baden-Clay you deceived your wife for nearly four years didn't you?"

Mr Baden-Clay: "Yes."

Speaking loudly and forcefully, Mr Fuller stood at the bar with his hands folded in front of him. Mr Baden-Clay sat in the witness box responding to Mr Fuller's questions in a hushed tones, prompting Justice John Byrne to request the former real estate agent speak louder. Mr Baden-Clay sat in the witness box with his hands folded in his lap, occasionally sipping from a cup of water.

* Mr Baden-Clay admitted to sleeping with another woman while at a conference in Sydney. At the time, he was still in a secret relationship with his long-time mistress Toni McHugh, while maintaining his marriage.

* The 43-year-old denied ever intending to leave his wife for Ms McHugh.

* He also denied being under significant financial pressure at the time of his wife's disappearance, saying he was only under "some" financial pressure and "things were getting better".

Court has adjourned for lunch and will resume at 2.30pm.

 

Gerard Baden-Clay.

Gerard Baden-Clay. Photo: Supplied

Mr Fuller has turned his attention to a blog written by Mr Baden-Clay about his wife's 40th birthday when Mrs Baden-Clay visited a health spa for a week.

Mr Fuller read from the blog: "The past week I have been trying to do my best impersonation of my dear wife, and struggling."

The court has previously heard Mr Baden-Clay claim his wife left most of the household duties to him due to her battle with depression.

He has told the court Mrs Baden-Clay would go to bed, as soon as he arrived home from work, leaving the tasks of making dinner and putting the children to bed to him.

Mr Baden-Clay's defence barrister Michael Byrne QC raised a matter with Justice John Byrne.

The jury was excused from the courtroom.

Mr Fuller has turned his questioning to Mr Baden-Clay's meeting with Ms McHugh at a coffee shop in early 2012.

"You told her it was too hard to keep going the way you were going," Mr Fuller said.

"[She said] 'If you need to be with your wife, if that's the decision you're making, then say it'. And your response was, 'No, I will be leaving my wife, I am leaving my wife'."

"I can't recollect that," Mr Baden-Clay replied.

"It's the second last time you spoke to Ms McHugh in person," Mr Fuller said.

"I don't have recollection of those specific things you said," Mr Baden-Clay said.

Mr Fuller: "Who was more important to you Mr Baden-Clay?"

Mr Baden-Clay: "Allison, absolutely Allison."

Mr Fuller has turned his attention to the two occasions Mr Baden-Clay was intimate with Ms McHugh in the months after his wife had discovered the affair.

"You told us you had sex with her, why did you do that?" Mr Fuller asked.

"One occasion was not ... was after we had met at a coffee shop and when we went back to our cars to leave I sat in her car and talked with her for a little bit longer," Mr Baden-Clay replied.

He took a deep breath and looked down at his hands.

"How much sordid detail am I expected to give your Honour?" Mr Baden-Clay said.

"I'm not asking for the sordid details, I'm asking why you had sex with her," Mr Fuller said.

"It wasn't sex as in intercourse, but umm, I don't know if I can really answer that question," Mr Baden-Clay replied.

Gerard Baden-Clay in court on trial for the murder of his wife Allison Baden-Clay.

Gerard Baden-Clay in court on trial for the murder of his wife Allison Baden-Clay. Photo: Ten News

"You told Toni McHugh that you didn't love your wife didn't you?" Mr Fuller asked.

"I may have done," Mr Baden-Clay replied.

"Again just to placate her?" Mr Fuller asked.

"Yes, absolutely," Mr Baden-Clay said.

Gerard Baden-Clay.

Gerard Baden-Clay.

Mr Fuller: "When did you first tell Allison that you didn't love her?"

Mr Baden-Clay: "I can't remember. I did tell her that on an occasion, but I can't remember."

Mr Fuller: "Was it more than once?"

Mr Baden-Clay: "The conversations that we had were ... please forgive me I'm just trying to recollect for you ... we were ... I'm trying to think if I can give you a reference to a time. I think it must have been in 2009 perhaps when we first when to see [psychiatrist] Tom George and we'd had a couple of conversations prior to meeting with him."

Justice John Byrne: "2009?"

Mr Baden-Clay: "I think that's correct your Honour."

Mr Fuller: "When Allison asked you to go with her to go and see him [Dr George]?"

Mr Baden-Clay: "We agreed to go together ... and it was after our conversations with Dr George ... [I said] that I still loved her but I didn't feel in love with her."

Mr Fuller referred to an email from Ms McHugh to Mr Baden-Clay.

"It's clear that you have led her to believe that you were moving out and needed somewhere to live," Mr Fuller said.

"She was constantly trying to put additional pressure on me," Mr Baden-Clay replied.

"That pressure was right up until April 19, 2012. She wanted you to leave you wife. She wanted to be with you," Mr Fuller said.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder. Photo: Court Exhibit

Mr Baden-Clay said he felt a responsibility to Ms McHugh.

"She was under your spell wasn't she?" Mr Fuller said. "Is that how it started?"

"How do you mean?" Mr Baden-Clay asked.

"Well you told us that you'd been couselling some of your staff. You told us she had problems in her own relationship. She was vulnerable wasn't she?" Mr Fuller asked.

"I didn't think of her as vulnerable," Mr Baden-Clay replied.

Toni McHugh leaves court.

Toni McHugh leaves court. Photo: Channel 7

The court has heard Mr Baden-Clay was involved in an affair with a woman named Jackie Crane, while also involved in a relationship with his long-time mistress Toni McHugh and maintaining his marriage.

Under heated questioning from Mr Fuller, Mr Baden-Clay admitted to sleeping with Ms Crane for a "couple of months".

On one occasion Mr Baden-Clay slept with Ms Crane while attending a real estate conference in Sydney.

Mr Baden-Clay admitted he asked Ms McHugh to fly to Sydney to join him at the conference the following day.

Mr Fuller noted that Mr Baden-Clay had previously broken off his relationship with Ms McHugh.

"Why didn't you have the strength to do that in April 2012?" Mr Fuller asked, referring to the emails Mr Baden-Clay had sent Ms McHugh.

"I told her on those occasions when we'd broken up over those three years ... the reason we got back together was because I was concerned about what her reaction would be," Mr Baden-Clay replied.

"I had the courage on occasion to try and end the relationship and the weakness to go back into it or placate Toni."

Mr Fuller has turned his attention again to Mr Baden-Clay's relationship with Ms McHugh in late 2011 and early 2012.

"There were two occasions when we did have a sexual interaction and I deeply regret that. I deeply regret the whole thing. We were communicating with one another, I wouldn't call it an affair," Mr Baden-Clay said.

"So why did you ring her up and ask her if she had told the police that you were back together?" Mr Fuller asked.

"I had instructed her to tell the police everything," Mr Baden-Clay replied.

Mr Fuller has turned his questioning to Mrs Baden-Clay's response to the discovery of her husband's affair in light of her history with depression.

"There was no lying around?" Mr Fuller asked.

Mr Baden-Clay said his wife had retreated to the couch on occasion after learning of his affair.

Mr Fuller indicated he was surprised to hear Mrs Baden-Clay had time to sit on the couch while working four days a week and raising three children.

Mr Baden-Clay rebuffed the suggestion.

Allison Baden-Clay

Allison Baden-Clay Photo: ABC

Gerard and Allison Baden-Clay.

Gerard and Allison Baden-Clay. Photo: Supplied

Mr Fuller said Mr Baden-Clay agreed to hand his wife his mobile phone each night after she discovered his affair.

The court has previously heard Mr Baden-Clay deleted any calls he received from Ms McHugh. The court has also previously heard Mr Baden-Clay had sex with his long-time mistress Toni McHugh on two occasions after his wife discovered the affair.

"So when were you going to be open and honest with her about those things?" Mr Fuller asked.

"I didn't intend to disclose those things potentially ever ... because I didn't want to put in jeopardy our relationship together," Mr Baden-Clay replied.

"There was a real risk she was going to walk out wasn't there?" Mr Fuller said.

"There was of course a risk," Mr Baden-Clay replied.

Mr Fuller: "The representation that people saw of your life as of 2011 and 2012 didn't really have a ring of truth about it did it? ... Your relationship with your wife was in trouble."

Mr Baden-Clay: "In 2011, at the time that Allison became aware of the affair with Toni, certainly our relationship was in trouble, but we were rebuilding from that moment."

Gerard and Allison Baden-Clay on their wedding day.

Gerard and Allison Baden-Clay on their wedding day. Photo: Supplied

Mr Fuller questioned Mr Baden-Clay about his continued false promises to Ms McHugh.

"So you were willing to say whatever could be said to get yourself out of the situation?"  Mr Fuller asked.

"In that situation yes," Mr Baden-Clay replied.

Gerard Baden-Clay's former mistress Toni McHugh.

Gerard Baden-Clay's former mistress Toni McHugh. Photo: Supplied

Mr Fuller has noted Mr Baden-Clay rekindled his relationship with Ms McHugh in the months after his wife discovered the affair.

"You couldn't live without her could you?" Mr Fuller said.

"That's not correct," Mr Baden-Clay replied.

"That's why you went back to her?" Mr Fuller said.

Mr Fuller noted July 1 happened to be his wife's birthday.

"It also happens to be today," Mr Baden-Clay replied. 

Mr Fuller has questioned Mr Baden-Clay about the emails he sent to Toni McHugh promising to be with her "unconditionally" by July 1.

The email read: "This is agony for me too. I love you. I'm sorry you hung up on me. It sounded like you were getting very angry. I love you GG. Leave things to me now. I love you GM."

Mr Baden-Clay and Ms McHugh called each other GG for "Gorgeous Girl" and GM for "Gorgeous Man".

Mr Baden-Clay has insisted he sent the emails to placate Ms McHugh.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder.

Gerard Baden-Clay and Toni McHugh's emails are submitted to the Brisbane Supreme Court where the father-of-three is standing trial for his wife Allison's murder. Photo: Court Exhibit

Mr Fuller is standing at the bar, with his hands folded in front of him.

His voice echoing throughout the courtroom.

A softly spoken Mr Baden-Clay is seated in the witness box with his hands folded in his lap.

Court has resumed.

Crown prosecutor Todd Fuller QC has started his cross-examination of Mr Baden-Clay in dramatic fashion.

Mr Fuller: "Mr Baden-Clay you deceived your wife for nearly four years didn't you?"

Mr Baden-Clay: "Yes."

Mr Fuller: "You led her to believe that your were faithful?"

Mr Baden-Clay: "Yes I did."

Mr Fuller: "You led her to believe that she was the problem in the relationship?"

Mr Baden-Clay: "No."

Mr Fuller: "You led her to believe that you wanted to change, that you wanted to make things different?"

Mr Baden-Clay: "Yes."

Mr Fuller: "You led her to believe that you had chosen her over Toni McHugh?"

Mr Baden-Clay: "Yes."

Gerard Baden-Clay in the stand.

Gerard Baden-Clay in the stand. Photo: Nine News

Mr Byrne has finished questioning Mr Baden-Clay.

Mr Baden-Clay will be cross-examined by prosecutor Todd Fuller QC after a short morning tea break.

Gerard Baden-Clay.

Gerard Baden-Clay. Photo: Court Exhibit

Mr Byrne then turned his attention to the propositions of the prosecution.

"Now can I then go specifically to the evening of the 19th of April 2012. You told us about the discussions you had with Allison on that day and evening. Are you able to respond to this proposition - that at that time you were under financial pressure and significant relationship pressure," Mr Byrne said.

"That's not correct," Mr Baden-Clay replied.

"Why are those assumptions not correct?" Mr Byrne asked.

"Allison and I were working together very well on both our relationship and the business and financially the business was turning around and we were moving forward. Things were getting better," Mr Baden-Clay said.

"Can you respond to this proposition, at that time you wanted to leave your wife and be with Toni McHugh?" Mr Byrne asked.

"That's absolutely incorrect," Mr Baden-Clay replied.

"My intention was to end any relationship with Toni McHugh and solidify and continue to rebuild the relationship with Allison for our future together."

"And can I ask you to comment finally on this proposition that those two women - that is Allison and Toni - would come together again on the 20th of April 2012. Did you have concerns about that?" Mr Byrne asked.

"No," Mr Baden-Clay said.

"Why?" Mr Byrne said.

"I didn't have concerns about it. Allison was not a confrontational sort of poerson. They were at a corporate function. I didn't anticipate or have any concerns, it didn't enter my mind that it was going to be a concern that they were going to see each other there," Mr Baden-Clay said.

"That is the evidence of the witness your Honour," Mr Byrne said.

Defence barrister Michael Byrne has turned his questioning to a claim made on Mrs Baden-Clay's life insurance the day after her body was found.

Mr Baden-Clay said his father told him he had "an obligation" to the insurance company to inform them of Allison's death.

Mr Baden-Clay said he followed his father's instructions, but never filled out any insurance claim forms.

The court has previously heard Mr Baden-Clay's father Nigel lodged the insurance claim.

The court has been shown a map of Brookfield on which Mr Baden-Clay has highlighted his wife's usual morning walk.

He said Mrs Baden-Clay usually took one of two routes - one around Brookfield State School and another along Gold Creek Road.

Gold Creek Road, Brookfield.

Gold Creek Road, Brookfield. Photo: Google Street View

Mr Baden-Clay has shown on the floor plan where his three daughters slept.

He has also pointed to the sets of windows in his two eldest daughters' bedrooms which he said overlooked the car port and front stairs.

He said the car port was open on the "north, east and south sides".

Mr Baden-Clay said his wife's silver Holden Captiva, which the family named Sparky, was parked in the car port on the night of April 19, 2012.

Layout of the Baden-Clay's home.

Layout of the Baden-Clay's home. Photo: Court Exhibit

Mr Baden-Clay has indicated on the floor plan where he and his wife slept.

Mrs Baden-Clay slept on the right side of the bed, while Mr Baden-Clay slept on the left.

Police photograph taken inside the Baden-Clay's home.

Police photograph taken inside the Baden-Clay's home. Photo: Court Exhibit

Barrister Michael Byrne QC has tendered the defence team's first exhibit - a detailed floor plan of the Baden-Clays' Brookfield home.

The jurors have each been handed a copy of the floor plan.

The Baden-Clay home.

The Baden-Clay home. Photo: Supplied

The phone log shows several more calls were made from the Baden-Clays' land line to Mrs Baden-Clay's mobile phone between 7.30am and 9am.

There was no response.

Mr Baden-Clay made further calls to his parents Nigel and Elaine Baden-Clay and his sister Olivia Walton.

He also called his friends Fiona and Stuart Christ to ask if they had seen Allison.

He did not call his wife's parents until 9.51am.

"That was to let them know that Al was missing," he said.

"That's when they said that they would come straight up."

Mr Baden-Clay then phoned his friends Robert Cheesman and Peter Cranna to tell them Allison was missing.

He then called Allison's best friend Kerri-Anne Walker. He left a message on Ms Walker's mobile phone.

Gerard Baden-Clay's lawyer Peter Shields (left) arrives at court with Gerard Baden-Clay's parents Nigel and Elaine.

Gerard Baden-Clay's lawyer Peter Shields (left) arrives at court with Gerard Baden-Clay's parents Nigel and Elaine. Photo: Renee Melides

Mr Baden-Clay continued to sob as he recalled dialling triple-0 to report his wife missing.

He said he first called Police Link on 131 444 not wanting to be "alarmist".

"I didn't think it was an emergency situation. I thought she was just missing," he said, through tears.

He paused to wipe tears from his eyes with a tissue and blow his nose.

Gerard Baden-Clay in the witness box.

Gerard Baden-Clay in the witness box. Photo: Nine News

Mr Baden-Clay has broken down in the witness box telling the court of the first phone call he made to his wife's mobile on the morning he reported her missing.

"No response," he said, sobbing.

He removed his glasses and wiped tears from his eyes with a white handkerchief.

"Sorry," he said.

He took a sip of water, before apologising to the court again.

"I kept getting her voice mail," he said, sniffling.

Mr Baden-Clay also explained a series of text messages he sent to his staff that evening congratulating one member of the team for their performance.

The court has previously heard that Mr Baden-Clay handed his mobile phone to his wife each night under the conditions he had agreed to since she discovered his affair.

Mr Baden-Clay has previously told the court he would hand his phone to his wife as soon as he walked in the door each night.

Yet, Mr Baden-Clay it was not unusual for him to send a congratulatory message to "his team" when one staff member had sold a property, or gained a new listing.

Mr Baden-Clay has detailed the phone call he had with his mistress Toni McHugh on the afternoon of April 19, 2012.

He said he learned during their conversation that Ms McHugh was due to attend the same real estate conference as Allison the following day.

Ms McHugh demanded Mr Baden-Clay tell his wife of the impending run-in.

Mr Baden-Clay said he refused to do so.

"I didn't want to open a can of worms," he said. 

Allison Baden-Clay, her husband Gerard Baden-Clay and his ex-mistress Toni McHugh.

Allison Baden-Clay, her husband Gerard Baden-Clay and his ex-mistress Toni McHugh.

Yesterday ...

* Mr Baden-Clay recounted the day Allison discovered his affair with Ms McHugh.

* The 43-year-old told the court he was driven to infidelity by his sexless marriage

* He also demonstrated to the court how he cut himself shaving on the morning he reported his wife missing on April 20, 2012.

Find our full coverage of the trial here.

Gerard Baden-Clay on the stand.

Gerard Baden-Clay on the stand. Photo: Nine News

Defence barrister Michael Byrne has continued to question Mr Baden-Clay about the calls and text messages he made and received on the afternoon and evening of April 19, 2012.

Mr Baden-Clay is accused of killing his wife Allison at their Brookfield home on April 19 and dumping her body in nearby Kholo Creek at Anstead.

A log of calls and text messages to and from Mr Baden-Clay's phone has been shown to the court. The jurors have each been handed a hard copy of the phone log.

Kholo Creek bridge.

Kholo Creek bridge. Photo: Court Exhibit

Gerard Baden-Clay has returned to the witness box to be questioned by his defence barrister Michael Byrne QC.

He is wearing a dark suit, yellow striped tie and glasses. He appears calm and composed.

His sister Olivia Walton and brother Adam Baden-Clay are seated in the front row of the public gallery.

Allison Baden-Clay's family and friends are seated on the opposite side of the courtroom.

Today also marks Allison Baden-Clay's birthday. She would have been 46.

Today also coincides with the date Gerard Baden-Clay had promised to be with his long-time mistress Toni McHugh "unconditionally".

Allison Baden-Clay.

Allison Baden-Clay. Photo: Supplied

The 13th day of the trial is under way in Court 11.

Such is the intense public interest in the case, the trial is now being streamed live on large television screens into the Law Building's largest courtroom, the Banco Court. The Banco Court is usually reserved for Supreme Court ceremonial occasions.

The public gallery in Court 11 has been reserved for family members and select journalists.