Baden-Clay bail request rejected

8:14pm December 14, 2012
December 15, 2012: Accused wife killer Gerard Baden-Clay will spend Christmas behind bars after a Brisbane justice last night denied him bail for a second time.

Alleged murderer Gerard Baden-Clay will spend Christmas behind bars after his latest bail application was rejected.

Lawyers for the 41-year-old made the application in the Supreme Court in Brisbane on Friday.

The bid was to secure his release while he awaits trial for allegedly murdering his wife Allison and interfering with her corpse.

Baden-Clay, who was not in court, will remain in Arthur Gorrie Correctional Centre.

Justice Peter Applegarth said there had not been a "material change of circumstances" that would warrant a fresh bail application being considered.

He said he would not have been convinced Baden-Clay had shown cause anyway.

Baden-Clay still remained a flight risk given he faced life in jail, Justice Applegarth said.

Defence lawyer Peter Davis had argued that a new toxicology report indicated there was "as good as, if not better" evidence to suggest Mrs Baden-Clay took her own life rather than being murdered.

"There are levels of (anti-depressant) Zoloft which, on the report of the pathologist, are more than capable of killing Mrs Baden-Clay," he said.

He said Mrs Baden-Clay had also made multiple diary entries saying she was "scared I'm going to be alone".

He said Baden-Clay's affair with a colleague, which was being used as a possible murder motive, could have prompted Mrs Baden-Clay to take her own life.

However, prosecutor Danny Boyle said little had changed since Baden-Clay had first been denied bail.

"Whilst there may be variations in the evidence ... it does not subtract from the strength of the Crown case," he said.

Baden-Clay, who was in financial trouble, was set to gain $975,000 from his wife's death and promised his mistress he would be with her, Mr Bowle told the court.

He said the position of Mrs Baden-Clay's body, which was found 14km from the family home by a creek, was "not consistent with a fall".

New evidence indicated plant material from six different species was found on Mrs Baden-Clay's body, he said.

While only two of the plant species were found near the creek area, all six were found around the family home.

"That ... is perhaps consistent with her being moved from the house after death," Mr Boyle said.

Baden-Clay reported his wife and the mother of their three children missing from the family's Brookfield home on the morning of April 20, saying she'd failed to return from a late night walk.

The body of the 43-year-old was found on the banks of a creek at Anstead 10 days later.

Baden-Clay was arrested in June and has remained in custody since.

Baden-Clay's sister Olivia Walton and his legal team did not speak to media outside court.

* Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or Suicide Call Back Service 1300 659 467

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