Prosecution attacks Baden-Clay over phone charger
MURDER accused Gerard Baden-Clay openly admitted he had deceived his wife Allison for more than four years.
He conceded, under intense cross-examination from Crown prosecutor Todd Fuller, that he would say whatever he must to avoid the consequences of his actions.
Mr Baden-Clay agreed his family and friends were on the deception list too - most shielded from his affair, financial problems and his wife's mental illness.
He said he also misled his mistress Toni McHugh about their future together and his love for her.
"In return for all of your deception of all those various people, they all gave you their loyalty didn't they?" Mr Fuller asked.
"That's correct," Mr Baden-Clay said.
Mr Baden-Clay told Brisbane Supreme Court he was only in a relationship with Ms McHugh from 2008 to 2012 for the sex and that he had no emotional attachment to her.
"So why when you spoke to your staff about Toni McHugh leaving did you say that you that you loved (her)?" Mr Fuller asked.
"Because she had a relationship with some of those staff and I was concerned about her," Mr Baden-Clay said.
"So you were willing to say whatever needed to be said to get yourself out of the situation?" Mr Fuller asked.
Mr Baden-Clay agreed he had "in relation to that".
Mr Fuller said: "It's not just that one, there's been a number of occasions when you had to say things to avoid the consequences of your actions during these couple of years, didn't you?"
"That's correct," Mr Baden-Clay said.
After admitting he told lie after lie to those he loved and cared about, Mr Fuller suggest Mr Baden-Clay's wife had caused wide scratches on his face during a fight at their Brookfield home on April 19, 2012.
Mr Baden-Clay, who has always maintained his is innocent of murder, said the proposition was false.
THE MEETING OF TWO WOMEN
WIFE Allison Baden-Clay and mistress Toni McHugh were to be at the same real estate conference on April 20, 2012.
Ms McHugh wanted Gerard Baden-Clay to tell his wife but he said that would have meant opening "a can of worms" about how he knew so he never told his wife.
He said he was not concerned because it was a corporate event and there would have been hundreds of people there.
"While I was communicating with Toni, Allison did not know that," he said.
"There was no guarantee they were even going to see each other.
"Allison was a non-confrontational person."
THE PHONE CHARGER
HIS iPhone phone was plugged in to charge at 1.48am on April 20, 2012, and removed just after 6am the same morning.
He has testified he went to bed about 10pm feeling sick and did not wake up until the next morning when his wife was missing.
Mr Baden-Clay said his wife Allison had his phone to check his emails, phone calls and message because she no longer trusted him.
He said she had passed it to him a few times on April 19 for him to send and receive texts but that she had it when he went to bed.
Mr Baden-Clay: "I don't think I had my phone after that," he said.
Mr Fuller: "I suggest to you that you in fact did have your phone?".
Mr Baden-Clay: "You can suggest away. I did not".
Mr Fuller: "And that you put it on the charger on the bedside table next to your bed?"
Mr Baden-Clay: "I did not ... From Allison's perspective I think there's the issue that if she was still out watching TV which she was and I was in the bedroom she would prefer to have the phone".
Mr Fuller: "Because you might have been in there texting or ringing somebody without her knowing?".
Mr Baden-Clay: "Potentially, yes."
AN old razor has been labelled the culprit for the long scratches on Mr Baden-Clay's face which he says he got while rushing around the morning he reported his wife missing.
Mr Fuller: "I suggest what you did to your face wasn't a shaving injury?".
Mr Baden-Clay: "It was."
Mr Fuller: "That that came about as your wife scratched your face?"
Mr Baden-Clay: "She did not."
Mr Fuller: "At a time when she was struggling with you?"
Mr Baden-Clay: "No that's completely false."
Mr Fuller: "It was a significant injury to your face?"
Mr Baden-Clay: "It was a couple of cuts on my face, yes, and they were visible, yes."
DUMPING THE BODY
Mr Baden-Clay said he had driven over the Kholo Creek bridge when he drove on Mount Crosby Road.
He agreed he had properties around the Anstead area and knew the road crossed a creek or two but knew nothing more.
"If you had asked me on the 19th, or in any time in April, where Kholo Creek bridge was, I would not have been able to tell you. I had no idea," he said.
Mr Baden-Clay said he had once treated Allison like his princess but admitted he lost the attraction as the marriage went on.
He admitted he had told Allison he did not love her anymore at one stage.
Mr Baden-Clay said the antidepressant drug side effects had led to lower libido and weight gain.
"She didn't have a particularly high self esteem at that stage," he said.
"I didn't want to additionally burden her with that.
"It sounds pathetic to say."
Mr Fuller: "Your wife wasn't answering her phone, her car was at the house, her keys and wallet were in the house ... so the prospects were that something serious could have happened to her?"
Mr Baden-Clay: "My mind was in a spin and a world of wondering what might have happened to her. Obviously if she had slipped and fallen and been knocked unconscious … that was foremost in my mind of what had happened.
Mr Fuller suggested more serious consideration - such as whether she had "taken off" had to be given once she was not found on nearby roads.
Mr Baden-Clay: "That's a possibility, yes."
Mr Fuller: "If something untoward had happened to your wife - there were two possibilities were there not? One that she had been taken from your house or she had been taken whilst on her walk?"
Mr Baden-Clay: "There are innumerable other possibilities too."
Mr Fuller: "The furthest thing from your mind was that your wife had committed suicide?"
Mr Baden-Clay: "It was not something 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 in the forefront of my mind, no."
Mr Baden-Clay denied his family was "under significant financial pressure at the end of 2012".
"We were under some financial pressure. I wouldn't call it significant but we had financial challenges, yes," he said.
Mr Baden-Clay agreed he had a number of loans - from his family, three best friends and a bank.
Mr Fuller: "So you had a lot of people that you owed interest to? And you were unable to meet those interest payments weren't you?."
Mr Baden-Clay: "On some of them that's correct."
Mr Fuller: "You had to make a decision as to who you were going to pay?".
Mr Baden-Clay: "Yes. On occasions."
Mr Fuller: "Your three best friends were missing out, the Westpac bank was missing out, your family missing out. So who were you paying interest to?"
Mr Baden-Clay: "Everybody else."
Mr Fuller: In fact you were going backwards weren't you because you couldn't meet your interest repayments?"
Mr Baden-Clay: No I don't think we were going backwards at that point in time."