The Murder of Allison Baden-Clay

by David Murray

  Justice Byrne repeated his advice from his summing up: if the jury concluded Gerard lied about the scratches on his face because it implicated him in killing his wife, they would still have to carefully consider whether it was murder or manslaughter. Murder required an intention to kill or cause grievous bodily harm. The jury left the court to continue their deliberations.

  The prevailing view outside court was that the jury had decided Gerard killed Allison but was unsure whether it was murder or manslaughter. Detectives looked confident, expecting a verdict in their favour before the day was out. The jury was dressed differently, one of the officers noted. ‘They’re in their drinking clothes. They’re ready for a beer after the verdict.’

  Confidence was high. But as the hours ticked by and the day dragged on without a verdict, doubts started to creep in. The verdict had to be unanimous. It would only take one dissenter to hang the jury. If that were to occur, there would almost certainly be a retrial and everyone would have to go through it all again.

  By 4 pm the jury had not reached a verdict and was sent home for the weekend. They would resume deliberations on Monday, taking the trial into its sixth week.

  The meticulous Ewen Taylor sat down at his computer and typed out a group email thanking the team of people who had assisted in gathering forensic evidence in Operation Kilo Intrigue. Taylor wrote that no matter what the verdict, they could all be proud of their work.

  Allison’s friends and family were dealing with some other difficult news. Kerry-Anne Walker’s dad Gary had suffered a stroke. It had affected his vision and he was undergoing a battery of tests in hospital. No one was telling Kerry-Anne because her event was on in Macau the next day and she had to be there. It was to be a long and difficult weekend for Allison’s family and friends.

  Monday 14 July 2014 – wait day 3

  Gerard Baden-Clay arrived at court brimming with confidence. The continuing deliberations had fuelled his hopes of freedom. Television producers were wooing his family, talking extraordinary sums of money for an interview in the event he was acquitted. Industry experts said he could write his own cheque for his story, and by now everyone knew Gerard would want to tell it. His wife’s separate $1 million life insurance payout would be his. And his daughters would be back in his care.

  ‘I’m getting out of here today,’ he told the guards watching over him.

  Gerard had more reason for optimism in the afternoon when he was brought back into court for another redirection. The jury had written a note asking Justice Byrne to repeat his summing up about circumstantial evidence.

  Waiting for the jury to arrive, Gerard let his wandering eyes lock onto a television journalist covering his trial. Katrina Blowers, an accomplished newshound and attractive blonde to boot, had to walk past Gerard to reach extra media seats brought into court ahead of the verdict. She felt Gerard’s gaze on her but, as she sat down, Blowers tried to keep her eyes on the notepad in her lap. Eventually, she glanced towards the dock and was startled to see Gerard still staring at her. He smiled and raised his eyebrows in greeting – a manoeuvre probably more suited to a bar than a courtroom. Blowers found it extremely uncomfortable. Flustered, she turned bright red and diligently averted her eyes. Like the earlier incident when Gerard had handed his business card to the GP who examined his scratches, it seemed he couldn’t help himself.

  By the time the jury filed back into court at 3.51 pm for Justice Byrne’s clarification, they had been deliberating for 19 hours. And worryingly for Allison’s supporters, the latest request seemed a backward step.

  ‘As no one claims to have seen the accused kill his wife, this is a circumstantial case,’ Justice Byrne repeated. ‘Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference: it must be the only rational inference that could be drawn from the circumstances. If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty. This follows from the requirement that guilt must be established beyond reasonable doubt.’

  The jury member who had asked the previous question was listening intently and reading Justice Byrne’s words as they appeared on the screen in front of them. Other jurors had their arms crossed and looked either angry, fed up or bewildered. To those in court, it looked like a jury with at least one person on a separate path.

  Outside court, the detectives’ calm and confident veneer had vanished. They were worried. This was a much more concerning question. It seemed the jury was still debating guilt or innocence, not murder or manslaughter, as Allison’s friends and family had thought jubilantly on Friday. The prospect of a hung jury suddenly loomed large.

  The jury deliberated until around 4.30 pm without reaching a verdict, and retired for the night.

  Tuesday 15 July 2014 – wait day 4

  Allison’s extended family arrived at court with heavy hearts. The agony of waiting was taking its toll. The tension was suffocating. No one really knew what to say to each other any more. Small talk was at a minimum as they readied themselves for another day of waiting outside Court 11. The longer the deliberations went on, the more likely it seemed the jury was deadlocked. And in the back of everyone’s minds was the additional worry that something could cause a mistrial. Everyone was walking on eggshells.

  Outside court that morning, there seemed to be further evidence the jury was split. In the long line to get through security, one juror stood alone while the others milled near the front door. Grabbing the attention of a court official, the solitary juror said it was time for the group to move inside. They had been told but didn’t listen, the juror said. A little later, the other jurors moved through together.

  Upstairs, I told Jodie Dann about the scene, saying a verdict could be days away. Dann didn’t look well. Everyone was exhausted from weeks of relentless stress.

  When it seemed the wait would never end, there came stunning news. Word filtered through shortly before 11 am that the jury had reached a verdict.

  At first it was only a whisper. Justice Byrne was presiding over another case in a separate court and had abruptly adjourned proceedings. Dann made a phone call and it was confirmed – the jury was due in court in 30 minutes. The wait was over. She burst into tears on the spot. It was the moment everything had been building up to.

  Police, family and friends filled the foyer. Kerry-Anne Walker suddenly appeared outside the courtroom and she too burst into tears. She wouldn’t miss the verdict after all. Walker had arrived back from Macau only hours earlier. She had been to see her father in hospital then gone to see the Dickies at Santos House when everyone’s phones started ringing with news of the verdict. Priscilla and Geoff Dickie and their daughter Vanessa Fowler arrived. Ashley Dickie had been working night shifts and was on the way.

  Allison’s friends and family could finally dress themselves in yellow. They handed out yellow ribbons, and police put them on too. Mark Ainsworth, public face of the investigation; Brian Wilkins, the former Homicide boss; straight-talking Mal Gundry; arrest team detectives Cameron McLeod and Chris Canniffe; shaven-headed Homicide detectives Peter Roddick and Gavin Pascoe; tireless forensics officer Ewen Taylor; and tower of support Mark Laing – they all made it.

  The court doors opened. Family members went in first. Elaine, Nigel, Adam and Olivia took their seats in the front row behind the dock. A dozen extra seats had been brought in for media and they were quickly filled. Michael Byrne and Peter Shields were there. Todd Fuller was in his seat. Danny Boyle made it just in time, looking out of breath from running. Gerard, in a dark suit, checked shirt and yellow tie, took a deep breath in the dock.

  The jury walked in at 11.52 am. Most jurors had their eyes downcast, but a couple looked over to the public gallery. The bailiff announced the jury was all accounted for and the judge’s associate asked if they had agreed on a verdict. They had.

  ‘Do you find the accused, Gerard Robert Baden-Clay, guilty or not guilty of mur
der?’ the associate asked.

  ‘Guilty, Your Honour,’ the jury’s speaker replied.

  A cheer erupted in the back of the court. A second’s silence was followed by wrenching sobs from Allison’s family and friends as it sank in. Gerard looked stunned. His family stared straight ahead, unmoving and silent.

  Justice Byrne thanked the jury for their service and discharged them. He invited them to remain in the jury box if they wished, but they all left.

  Elaine Baden-Clay stood and walked out too at that point. Those sitting nearby say Elaine was not ‘overcome’ when she left, but calmly stood, asked Nigel if he wanted to leave with her – he did not – and then headed for the door. She would not listen as Allison’s family gave their harrowing victim impact statements. Neither would she hear her son being sentenced.

  Outpouring

  Nigel, Olivia and Adam stayed in their seats. Gerard was on his feet, rocking back and forth, as Justice Byrne invited Allison’s family to come forward one at a time. It was finally their turn to truly speak their minds about Allison’s murder.

  Allison’s mother found the strength to go first and walked forward to the witness box. She stood there in her yellow jacket and ribbon and waited. Gerard was struggling to breathe and a security officer interrupted proceedings, concerned he was about to collapse. Peter Shields checked on him, then Priscilla was cleared to go ahead and address her daughter’s killer. Love, pride and sadness for Allison poured out alongside anger at Gerard and a disgust at his base behaviour. She cried as she spoke, but pushed through to the end.

  My name is Priscilla Anna Dickie, the grieving mother of the late Allison June Baden-Clay. My daughter was a wonderful mother, a devoted wife, a caring daughter, a loving aunt, sister-in-law and good friend to all who knew her – an incredible achiever.

  Because of her life experiences, we had the utmost faith in Allison’s ability to handle any situation in her life. This she proved while fighting for her life leaving those telling scratch marks on Gerard’s face on that fateful night. God Bless Her.

  The impact of seeing those scratch marks on his face the day she was reported missing will remain with me forever. It was obvious to me that one of the last things Allison did was to leave her marks on her husband.

  So much has happened since the 20th April 2012, where do I start? The impact of waiting for ten days at the Brookfield Showground, waiting for news, dealing with the realisation that her body had been discovered, organising a funeral, dealing with lawyers, media, counselling sessions, an investigation into Allison’s death and ultimately a trial.

  Since the 13th June, 2012, we went from being a happily retired couple involved in church and community activities on the Gold Coast to being guardians of three young girls. Every day we willingly deal with school days, special school events and many before and after school activities.

  The impact of finding out about the troubled marital relationship over the past few years has been distressing. It has devastated me to know that Allison had been living in a fearful relationship and was trying to handle such a situation alone. His admission of adultery not once but many times during this trial was not easy to digest and goes against everything we believe as Christians. His constant self-interest and continual lying to Allison, his family and friends has disgusted me and my family.

  He betrayed her and has made a mockery of their marriage and their life together and we are deeply saddened by this fact. He promised to take care of her and treat her well and again, as is evident, he did the opposite. To kill your wife, take away a mother and to still show no remorse has to us been one of the saddest and most distressing facts from this murder. For the love of her husband and children, Allison stayed and died.

  The impact of Allison’s murder has had far-reaching effects and the ramifications that have followed have completely and dramatically changed the rest of my life, my husband’s, my children and their families.

  The sorrow and loss of our precious daughter and the long and stressful journey we have had to take to find her killer has been difficult. Allison did not leave her girls. She has so much to offer them. She just loved them. To be taken from us all so suddenly by such a horrific murder completely devastated me. Not given the opportunity to say goodbye, hug or tell her how much we loved her is shattering and we have all been robbed of Allison’s love and guidance. The pain does not go away.

  At the command centre set up at the Brookfield Showground, we spent many long days waiting for news. Watching the police, SES and all the volunteers searching and doing all that they could to find her. The support of my family and friends each day gave me the strength to carry on. My hopes were fading, sadness filled my heart with the now likelihood of never seeing her alive again. Then we were told that a body had been found under a bridge. After 10 days of waiting, the anguish, the heart-ache, the discovery of our darling daughter under a bridge was absolutely shattering.

  We were shocked that in all that time her husband did not ever come to search or wait at the Command Centre. His complete existence has been for his own self-gratification, which is upsetting for us and for those close to us.

  I have been consumed by the enormity of this horrific murder of our darling daughter. No one can take the place of a mother and my heart breaks as I do my very best to fill the gap. I have completely and willingly changed my life as a grandma to adapt to my new situation, which is to now wholeheartedly care for Allison’s three daughters.

  I have willingly taken on the role of caring for Allison’s daughters and I believe that their resilience to this tragedy is a result of her guidance and love. They miss her terribly and cry for her at night. To have Mummy put them to bed one night and then to wake up the next morning and be told that Mummy is missing, what a situation to face. The girls will never see their mother again. Not just now but forever and ever and ever. They have been condemned to a life sentence without the love and companionship only a mother can give.

  What can you do or say when dealing with the stress of hugging a little crying girl saying ‘I want my mummy!’ and answering the question, ‘Does mummy love me?’ These are heart wrenching moments in my life and theirs which never ever should have happened. Over the coming years, there will be many more times like this to handle. It is heart breaking that these three young girls have been deprived of the love of the most caring and devoted mother The pain of having to bury your child – a mother of three, a daughter, sister, aunt, friend, is just indescribable. The tragedy of it all is that she had so much to offer.

  Our lives are so very different. Everything has totally changed. As a grandma, my life now revolves around Allison’s daughters and is dedicated to their care. I have no Allison to love, hug, talk to, to take advice from. Throughout this trial I have been deeply hurt by the smear campaign against Allison’s name by her husband and those supporting him. My daughter has been robbed of a life. This man murdered one but has in turn destroyed the lives of many others.

  You have changed your daughters’ destinies and sentenced them to a journey they must take through life without a mother and all I have left are the memories of a wonderful daughter.

  Allison’s father was next. A man so proud of his daughter, and so lost without her. He bore no blame for her death, but shouldered it anyway.

  My Name is Geoffrey James Dickie and I am the father of Allison Baden-Clay, deceased, and the grandfather of her three beautiful daughters, now aged 13, 10 and 7 years.

  I have been devastated by the murder of my precious, gifted and talented daughter. Her achievements have been well documented over the past two years since her death. From an early age she studied and strived to achieve perfection in whatever she attempted. Whatever organisation she joined, for example, Flight Centre, she always advanced to become a leader because of her intelligence and friendly personality. Being a Rotary Exchange student, she lived with her host families in Denmark for 12 months and travelled through Europe. This gave her the incentive to travel the world and
study various languages.

  She was always willing to help others and as such entered the Miss Queensland competition to fundraise for the Cerebral Palsy organisation. She did not have an opportunity to reach her full potential but she changed the lives of many people through her work with Pathways and other organisations.

  She gave up her successful career to pursue her dream of having a loving husband and happy and healthy children. She was reduced from a happy, intelligent, capable woman to a woman concerned about saving her marriage and protecting and caring for three daughters.

  Allison had always been convinced that she was inadequate and not a good wife and mother. She was constantly trying to improve herself and her appearance to measure up to the expectations of her husband. She tried hard to save her marriage. Finally, in the end, she paid the ultimate price for the marriage and the love of her three daughters.

  From the time we received the phone call on the morning of the 20th April, my life has changed. We were living a relaxed lifestyle of retirees and were involved in various charity organisations. As a result of the murder of our daughter, I am living an entirely different lifestyle, mourning the death of our daughter, which leaves an enormous black hole in our lives from which we will never recover.

  The memory of Allison and the circumstances surrounding her death are constantly on my mind. I wake up in the middle of the night and find it difficult to go back to sleep because as soon as I wake the thoughts and aspects of the tragedy are always on my mind.

  I also constantly try to imagine how she felt at the moment when she was being attacked and realised she was about to lose her life. I know she would have found the strength to fight as hard and long as she could to the end before she was murdered.