Baden-Clay families to wait out weekend for verdict

There is no word on how long it will take for the jury to decide on the fate of Gerard-Baden Clay, accused of murdering his wife Allison (pictured)
There is no word on how long it will take for the jury to decide on the fate of Gerard-Baden Clay, accused of murdering his wife Allison (pictured) QT file image

UPDATE: THE jury in the Gerard Baden-Clay murder case has ceased its deliberations for today.

They will not sit over the weekend but will return to Brisbane Supreme Court on Monday to continue their role in deciding the guilt or innocence of the accused man.

They have been deliberating for more than 11 hours so far.

Earlier, the jury asked Justice John Byrne to read them a section of his summing up about lies and intent to kill.

Justice Byrne told the jurors they might find it puzzling but he must read the relevant lines to them in the court.

"If you conclude the accused lied because he realised that the truth would implicate him in killing his wife, you would need carefully also to consider whether the lie reveals a consciousness of guilt merely with respect to manslaughter as distinct from also revealing an intention to kill or to cause grievous bodily harm," he said.

"You may only use the lie about cutting himself shaving - if it was a lie - as tending to prove the element of murder of an intention to kill or to cause grievous bodily harm if, on the whole of the evidence, the accused lied because he realised that the truth of the matter in that respect would show that, in killing his wife, he had intended to kill her or to cause her grievous bodily harm.

"It may be that, even if you were to find that the accused lied about his facial injuries because he realised that the truth would show him to be the killer, still you would not conclude that the lies shows that he realised that the death after scratching him with her fingernails would show that he had killed her intentionally."

Mr Baden-Clay is accused of murdering his wife Allison at their Brookfield home on April 19 or 20, 2012.
Her body was found on April 30 under the Kholo Creek bridge, near Ipswich.

Read Allison Baden-Clay's journal entries below, in full-screen gallery

No guesses on timing of Baden-Clay verdict

NO ONE can predict how long a supreme court jury will take to decide the fate of murder accused Gerard Baden-Clay.

The seven men and five women must decide, beyond a reasonable doubt, whether Mr Baden-Clay murdered or killed his wife Allison at their Brookfield home on April 19 or 20, 2012.

They deliberated for about five hours yesterday, exiting Brisbane Supreme Court at 11.10am to begin, and will continue their discussions this morning.

But they were marched back into the courtroom about 1pm after it emerged a juror had brought foreign material into the jury room, outed by fellow jurors.

Justice John Byrne told them he did not expect to see them again so soon but he must warn them a fourth time about seeking guidance from outside the courtroom.

He had told them twice orally, and once in writing, previously that they must rely only on what they had heard in the courtroom to decide the guilt or innocence of Mr Baden-Clay.

The juror had brought in a document from an American jury commentator that had been downloaded from the internet.

"You scarcely need to know what some overseas commentator speaking about a very different system of jury trials happens to think," Justice Byrne said.


Justice Byrne said the jury could use the guide to jury deliberations booklet which the court had approved to help them.

"I had expected my direction ... that you must not enquire outside the courtroom about anything that relates to the trial was clear and emphatic," he said.

"It appears however that the direction has not been observed by one of you.

"That juror has apparently downloaded from the internet material relating to how a jury might approach its great responsibility of deliberating on the verdict.

"What was done was wrong.

"I am however grateful that what has happened has been drawn to my attention."

Justice Byrne said he appreciated that a juror's job was rarely easy and they were anxious about performing their role responsibly.

But he warned they could not look for any information about the trial, accused, witnesses, the deceased or deliberations outside the courtroom.

"For example, by conducting research using the internet or by communicating with someone by phone, email, on Twitter, through any blog or website, including social networking websites such as Facebook, Linked In or YouTube," he said to clarify.

Topics:  court editors picks gerard baden-clay

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