JUDGEMENT TIME

PROSECUTION TO CLOSE BADEN- CLAY CASE

GERARD Baden- Clay murdered his wife “efficiently and effectively’’ and thought he could get away with it, the Crown says.

In a closing argument at times fierce and mocking, Crown prosecutor Todd Fuller yesterday told a jury of the evidence he said proved beyond reasonable doubt Baden- Clay murdered his wife Allison.

The injuries on his face, his wife’s blood in their car and the leaves entwined in her hair told the story of her death, Mr Fuller said.

“She was overpowered quickly and unable to resist. That’s why he was so confident about the police searching his house,’’ Mr Fuller said.

“That’s why he was so confident about the forensics not turning anything up.

“The only thing they turned up was a little bit of blood down the side of the seat in the back of the ( family’s) Captiva ( car).

“The only other forensic evidence turned up when Allison Baden- Clay turned up. The leaves in her hair.’’

And Mr Fuller said the jury should find Baden- Clay intended to murder his wife that night.

“It’s efficient and effective. What can be going through the mind of a person who’s carrying that act out, other than the intended outcome, which in fact took place?’’ Mr Fuller said.

Baden- Clay watched it all in silence from the dock, pen and paper in hand despite there being no further chance at the trial for the defence to have a say on the evidence.

When photos of his wife’s body flashed on screens all around the court, he kept his head down, either taking notes or looking towards the small screens at his feet.

His dramatic decision to take the stand at his murder trial meant the defence had to give its closing argument first.

Defence barrister Michael Byrne concluded his final argument yesterday morning by saying Gerard’s deception was limited to cheating on his wife.

“Gerard Baden- Clay is not a person who would coldbloodedly kill his wife, the mother of his children,” Mr Byrne said.

With the prosecution given the final word before the judge sums up, Mr Fuller told the jury circumstantial cases were not to be derided.

And he sought to portray Baden- Clay’s earlier testimony across four days as selfserving lies.

The defence had told the court Baden- Clay never tried to hide the injuries on his face, Mr Fuller said.

“How was he going to hide them from the people he had to deal with that day, from his children, from his staff?’’ he said.

Likewise, Baden- Clay had admitted his affair to police, but many people knew about it anyway.

“How long was it going to stay as a secret? Or is that just playing the game?’’

And Baden- Clay’s iPhone – his life blood as a real estate agent – was put on the charger beside his bed at 1.48am when he said he was sound asleep, Mr Fuller said.

“It’s his telephone. We know he’s been using it that night. He admits to you the charger is on that side of the bed,” he said.

“The only evidence we have that Allison had possession of his phone comes from him.’’

Baden- Clay was a man under pressure from his wife, his mistress and his struggling business, Mr Fuller said.

Allison’s blood, he reminded the jury, trailed down

a side panel in her Captiva. A car that was only eight weeks old, he said.

Six species of plants were entangled in Allison BadenClay’s hair and jumper. All six plants were growing around her Brookfield Rd home, but only two grew at Kholo Creek where she was found.

“This man is so unlucky that none of those other plants that are around the creek end up in her hair?’’ Mr Fuller asked.

He added: “The only rational conclusion you can draw is that Allison BadenClay’s head came into contact with that leaf litter at the house,’’ Mr Fuller said.

And one expert after another, Mr Fuller said, had testified that the marks on Gerard’s face were typical of fingernail scratches.

Mr Fuller zoomed in on the marks on a photograph of Baden- Clay’s face and asked the jury to have a close look.

Mr Fuller reminded the jury another person’s DNA may have been under the fingernails of Mrs Baden- Clay’s left hand.

“They are fingernail marks, they are on his face, they occurred after his children went to sleep and before his children got up,’’ he said.

“There was a struggle between the two of them and she left her mark upon him.

“They are damning and link to the act of violence without any doubt.”

The killer dumped Allison’s body at the creek to avoid the consequences, he said. “Now, do we know anybody who is good at covering their tracks, avoiding suspicion, hiding what they have done from others, keeping up appearances in adversity, willing to do or say to people whatever they need to protect their own position? Somebody who has lived a lie.’’