JavaScript disabled. Please enable JavaScript to use My News, My Clippings, My Comments and user settings.

If you have trouble accessing our login form below, you can go to our login page.

If you have trouble accessing our login form below, you can go to our login page.

Queensland

Gerard Baden-Clay Trial Live Coverage: Day 3, Week 1

Date

Former real estate agent Gerard Baden-Clay is charged with the murder of his wife Allison Baden-Clay on April 19, 2012. We bring you live coverage of the trial, as it unfolds, from the Brisbane Supreme Court.

Video settings

Please Log in to update your video settings

Video will begin in 5 seconds.

Video settings

Please Log in to update your video settings

Daughter thought mum twisted her ankle

The youngest Baden-Clay daughter told police she thought her dad was asleep while her mum was out walking on the night she went missing. Nine News

PT1M25S http://www.canberratimes.com.au/action/externalEmbeddedPlayer?id=d-39yut 620 349
Sort posts by:

Wrap: Here is a recap of the day's events in Court 11 ...

* The trial ended for the week with Gerard Baden-Clay's father Nigel Baden-Clay in the witness box. He told the court about his movements on April 19 and 20, 2012. He spoke highly of his son, saying they had a close relationship. But he said he was not privy to the details of his son's marriage.

"To me they seemed to be a happily married couple," Mr Baden-Clay Snr said.

* The court also heard from a number of residents in the Brookfield and Anstead areas who each recalled hearing unusual noises around the time Allison disappeared: some heard dogs barking; others heard screams; two heard loud thuds.

* Video recordings of police interviews with the Baden-Clay girls were also played to the court. Detectives asked the girls about their parents cars - a silver Captiva and a white Prado. The girls were also asked whether they had heard their parents fighting on the night before waking to find their mother missing. Each girl replied, "No". The sisters were also asked whether they had heard any car sounds that night. Again, the girls replied, "No".

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

Gerard Baden-Clay's sister Olivia Walton and her husband Ian Walton arrive at court.

Gerard Baden-Clay's sister Olivia Walton and her husband Ian Walton arrive at court. Photo: Renee Melides

Before the court adjourned, Mr Byrne questioned Nigel Baden-Clay about his movements on the morning of April 20, 2012.

Mr Baden-Clay Snr told the court he had received a phone call from Gerard to say Allison was missing about 6.40 or 6.45am.

He said he rushed to his son's home to be with his grandchildren, while Gerard set out looking for Allison.

Mr Baden-Clay Snr said his daughter Olivia, who was visiting from Townsville with her three children, also drove to Gerard's house, but took a different route and stopped along the way to ask people if they had seen Allison.

The police arrived at the Baden-Clays' house about an hour after Mr Baden-Clay Snr did. 

The court has adjourned for the day, bringing the first week of the trial to an end.

Due to the expected length of the trial, the court will not sit on Fridays.

Nigel Baden-Clay will return to the witness box on Monday morning.

Mr Byrne is questioning Nigel Baden-Clay about his movements on the afternoon of April 19, 2012.

He said his three granddaughters were at his house that afternoon and had been for a swim in their pool.

"I remember Gerard dropping in the sausages early in the afternoon," he said.

Mr Baden-Clay Snr said Mr Baden-Clay returned about 5pm.

"I asked him [Gerard] where Allison was and he said no, she wouldn't be coming," he said.

The family had a "fairly short" dinner together.

Mr Baden-Clay Snr said Mr Baden-Clay left with his daughters "fairly early" about 6.30pm because "he would have wanted to get them to bed".

Mr Baden-Clay Snr is now being cross-examined by his son's defence counsel Michael Byrne QC.

Mr Baden-Clay Snr said he was not aware of Allison's depression until about four or five years into his son's marriage.

He repeated that the couple was very private.

"Fairly early in their marriage, Elaine and I were asked not to come to visit them without phoning first and we interpreted that as they wished to have their privacy. They didn't readily share with us any aspects of their marriage," he told the court.

"We respected their privacy and we respected that's how they wanted to live their lives."

Mr Baden-Clay Snr said he was very close to his son Gerard and loved Allison.

"To me, they seemed to be a happily married couple," he said.

Gerard and Allison Baden-Clay on their wedding day.

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

Nigel Baden-Clay Snr was with his wife Elaine, daughter Olivia and Olivia's three young children on the morning Gerard rang.

The group was in the Baden-Clays' study talking via Skype with their son in Canada, whose baby had been born the night before.

The senior Baden-Clay said Gerard called him on the morning of April 20, 2012.

"He said, 'Dad I don't want to alarm you, but have you seen Allison?'" Mr Baden-Clay Snr told the court.

Mr Baden-Clay Snr said his son was trying to remain calm, but was obviously anxious.

"He didn't want to alarm us, but he alarmed us."

Nigel Baden-Clay corrected Crown prosecutor Todd Fuller's pronunciation of his son's name.

"Slight correction, we christened him Gerard," the senior Baden-Clay said, pronouncing the name Ger-red.

The 24th witness to take the stand is Gerard Baden-Clay's father Nigel Baden-Clay.

The 23rd witness Brian Michael Mason has taken the stand.

The Anstead resident lives about 600 to 700 metres from the Kholo Creek bridge on Mt Crosby Road.

Mr Mason said he was woken by his German Shepherd howling about 12.30 to 1am on April 20, 2012.

"I had to get up to try to shut this dog up," he said.

"Once she quietened down I could hear other dogs howling as well."

Ms Mason said he also heard mumbling voices and assumed it was his neighbour having a "serious chat" to his dog.

The 22nd witness David Jenkinson has taken the stand.

He was woken by his dogs barking about 10.30pm on the night Mrs Baden-Clay disappeared.

"The first thing that we were alerted to was the dogs barking. That woke me up," he told the jury.

Mr Jenkinson said he then heard "two heavy thuds, one straight after the other".

He said the thuds sounded "like a cement bag or something heavy being thrown on the ground".

"And probably not too long after that, maybe half a minute, I heard what sounded like a car door close," he said. "They were the sounds I heard before the dogs continued to bark after that point."

He said he lives 500 metres "as the crow flies" from where Mrs Baden-Clays body was found under the Kholo Creek bridge.

Kholo Creek bridge.

Kholo Creek bridge. Photo: Court Exhibit

The 21st witness, Kim Tzvetkoff, has taken the stand.

He has described hearing a "loud exclamation" on the night Mrs Baden-Clay disappeared.

"It was a loud exclamation, I can't describe it as a scream. It was more of a startled, cut short, exclamation," he told the jury.

"It didn't last very long at all. It was an abrupt, cut short, type of thing."

He said he believed it was a female voice.

Mr Tzvetkoff has been excused.

Ms Rhodes has been excused.

The 20th witness, Brookfield resident Julie Ann Tzvetkoff, has been called to the stand.

She said she heard a "sharp yell out" on the night Mrs Baden-Clay disappeared.

She described the yell as "urgent" and said it lasted only a few seconds.

The 19th witness to take the stand is Brookfield resident Anne Marie Rhodes.

She heard people fighting on the night Mrs Baden-Clay disappeared, before hearing a scream, then a "loud, dull" thud.

Ms Rhodes likened the thud to a sack of horse feed falling on concrete.

She told the jury she then heard the sound of tyres screeching towards Brookfield Showgrounds. 

Police established a command post at the Brookfield Showgrounds as they search for missing mother-of-three Allison Baden-Clay.

Police established a command post at the Brookfield Showgrounds as they search for missing mother-of-three Allison Baden-Clay. Photo: Marissa Calligeros

The 18th witness to take the stand was Brookfield resident Susan Ann Braun.

Ms Braun, who lives alongside her family's tennis centre on Broofield Road, was woken by a "loud human noise" on the night Mrs Baden-Clay disappeared.

"I was sound asleep and I heard a loud human noise," she told the jury.

"It woke me up with a fright."

She said she went back to sleep but was woken again a short time later by a second sound. She lay awake listening for more unusual sounds, but she heard nothing more.

Court has resumed.

Kenmore Hills resident Fiona White has returned to the witness box.

Wrap: So far today ...

  • The court has heard more police interviews with the Baden-Clay girls in the months after their mother's death. Detectives asked the girls about their parents' cars, the layout of their Brookfield home and whether their father had any allergies.
  • The court has also heard from two Anstead residents, including Steve Courtney, who said the water was flowing quickly through Kholo Creek the day before Mrs Baden-Clay's body was found.
  • Kenmore Hills resident Fiona White was also called to the stand. She told the jury she heard two high-pitched screams late one night in the same week Mrs Baden-Clay disappeared. She likened it to a scream someone would make "falling off a cliff, being pushed".

The court has adjourned for lunch and is due to resume at 2.30pm.

The 17th witness, Fiona White, has been called to the stand.

The Kenmore Hills resident said she heard two loud screams in the distance late one night in the week Mrs Baden-Clay disappeared.

"I would have said it was a female," she said.

Ms White said she was outside at the back of her house when she heard the screams between 9pm and 10pm.

"For me, it was high, quite high scream ... it was like ... someone was falling off a cliff, being pushed," she said.

The 16th witness to be called to the stand was another Anstead resident Kerry Cowley.

Mr Cowley told the court the height of Kholo Creek varied from 1.8 metres to 2.2 metres between the low and high tides.

The 15th witness to be called to the stand was Steve Courtney.

The Anstead resident said the water at Ugly Gully, which runs into Kholo Creek, was flowing fast on Sunday April 29, 2012, the day before Allison Baden-Clay's body was found.

"There was a lot of water going through there," he said.

"The river was flowing swiftly."

Kholo Creek.

Kholo Creek. Photo: Court Exhibit

The detectives asked the third Baden-Clay girl about her parents cars and the layout of her house, as she fidgeted with her shoes and hands.

The interview ended 2.11pm on June 27, 2012.

The interview with the Baden-Clays' second daughter ended at 3.50pm.

The court is now watching a video recording of a police interview with the Baden-Clays' third and youngest daughter.

Mr Baden-Clay is sitting in the dock with his hand resting on his cheek watching the video.

The girl told the detectives her grandfather's car also had a nickname. They called it Bruce.

On Monday, the court heard Mr Baden-Clay used an email address with the name Bruce Overland to communicate with his mistress Toni McHugh.

The detectives questioned the girl about the family's cars.

The second Baden-Clay girl said her parents sometimes stored real estate signs in the boots of their cars, but usually left room for school backpacks.

Court has resumed.

A video recording of a police interview with the Baden-Clays' second eldest daughter is now being played for the court.

Two female detectives from the Indooroopilly Child Protection and Investigation Unit interviewed the girl at the Surfers Paradise police station on June 27, 2012.

The court has adjourned for a short morning break.

Police asked the Baden-Clays' eldest daughter whether she had heard any car noises on the night before her mother was reported missing.

"No," she said.

The girl added that her father had an allergy to shellfish.

"Other than shellfish is there anything else that your Dad has allergies too?" one detective asked.

"No. I don't know," the girl replied.

She said her father had tried to appear "confident" on the morning her mother disappeared.

"He was trying to be confident for us ... he was saying get ready for school, stuff like that," she said.

The interview ended at 3.06 pm on June 27.

Gerard Baden-Clay in court for his murder trial.

Gerard Baden-Clay in court for his murder trial. Photo: Ten News

The detectives asked the Baden-Clays' daughter whether she ever saw either of her parents climb into the boot of their cars.

"No," she replied.

The Baden-Clays' eldest daughter told police her parents owned two cars: a silver Captiva called "Sparky" and a white Prado called "Snowy".

Sparky was driven by her mother Allison, while Snowy was driven by her father Gerard.

The two interviewing detectives showed the Baden-Clays' daughter a photograph of a number of items in the boot of the Captiva.

She said the items were their old toys which they had collected from around the house for charity. She said it was her father's idea to donate them.

Gerard and Allison Baden-Clay's home at Brookfield.

Gerard and Allison Baden-Clay's home at Brookfield. Photo: Court Exhibit

The court is now watching a video recording of a police interview with the Baden-Clay's eldest daughter on June 27, 2012.

It had been about two months since her mother's body had been found on the bed of Kholo Creek.

The interview took place in the child interview room of the Surfers Paradise police station about 2.30pm.

Gerard Baden-Clay is sitting in the dock, wearing the same dark suit and glasses he has worn for the last three days, watching his youngest daughter's interview with police.

His family are seated in the front row of the public gallery directly behind him, while his late wife's family and friends are seated on the opposite side of the gallery.

"Something happened this morning," the detective says.

The girl replies: "She went out and she stayed out there ... She was walking for a long time. We think she twisted her ankle."

"You think she twisted her ankle," the detective says.

"I think so," the girl says.

The detective asks: "Why do you think that?"

"Because she stayed out for so long," the girl replies.

"Why do you think she stayed out for so long?" the detective asks.

"I can't remember," the girl says.

The video recording of a police interview with the Baden-Clay's youngest daughter is being played for the court.

The little girl clutches a purple Teletubbie toy and swings her legs, while speaking to two male detectives in small interview room of Indooroopilly police station on the day her mother disappeared.

"What do you think you've come here today to talk to us about?" one detective asks.

"My Mum," the little girl replies in a soft voice.

Allison and Gerard Baden-Clay, with the couple's three children.

Allison and Gerard Baden-Clay, with the couple's three children. Photo: Supplied

The third day of the trial is expected to begin with a video recording of the Baden-Clays' youngest daughter speaking with police on the day her mother disappeared.

Mr Baden-Clay's former mistress Toni McHugh is expected to take the stand today.

Yesterday, two heart-rending recordings of police interviews with the Baden-Clays' eldest daughters were played to the court.

The court also heard that forensic pathologists could not determine a cause of Allison Baden-Clay's death, but could not rule out drowning, drug overdose or falling from a height.

Gerard Baden-Clay in court for his murder trial.

Gerard Baden-Clay in court for his murder trial. Photo: Ten News

Related Coverage

Allison Baden-Clay with her three daughtersClick to play video

Video

Daughter thought mum twisted her ankle

The youngest Baden-Clay daughter told police she thought her dad was asleep while her mum was out walking on the night she went missing. Nine News

Gerard Baden-Clay with his daughtersClick to play video

Video

Mummy 'went for a walk this morning'

The Baden-Clay girls tell detectives their father was "trying to keep calm for us" on the morning their mother Allison went missing. Nine News

Gerard Baden-Clay trial: youngest daughter tells police 'Mummy went off for a walk I think'

12 Jun Allison Baden-Clay’s youngest daughter sat in a small police interview room, clutching a purple Teletubbie toy and flipping her pink thongs, as she spoke to two detectives on the day her mother disappeared.

Gerard Baden Clay Trial: Witness claims hearing woman's scream

12 Jun Loud, high-pitched screams were heard echoing throughout the Brookfield Valley about the time mother-of-three Allison Baden-Clay disappeared.

Gerard Baden-Clay murder trial: Triple-0 call played in court

17 Jun Court hears triple-0 call to police from morning Allison Baden-Clay went missing.