Newspaper article Daily News (Warwick, Australia)

Jury Seeks Clarification

Newspaper article Daily News (Warwick, Australia)

Jury Seeks Clarification

Article excerpt

Rae Wilson

APN Newsdesk

THE jury in the Gerard Baden-Clay murder trial has sought clarification on how they should treat circumstantial evidence.

The seven men and women deliberating on his guilt or innocence filed back into the Brisbane Supreme Court just before 4pm on Monday.

Mr Baden-Clay is accused of murdering his wife Allison at their Brookfield home on April 19 or 20, 2012, and then dumping her body under the Kholo Creek bridge.

Justice John Byrne read out parts of his closing summary again.

"As no one claims to have seen the accused kill his wife, this is a circumstantial case," he said.

"Circumstantial evidence is evidence of circumstances that can be relied upon not as proving a fact directly but instead as pointing to its existence.

"It differs from direct evidence, which tends to prove a fact directly: typically, when a witness testifies about something which that witness saw or heard.

"Both direct and indirect evidence are to be considered. …

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