Gerard Baden-Clay at his wife's funeral
Gerard Baden-Clay at his wife's funeral David Nielsen

Court hears Allison Baden-Clay reacted to anti-malarial drug

UPDATE: GERARD Baden-Clay has described trying to play match-maker with the two most popular people at Flight Centre.

They were Allison Dickie and Ian Walton who would later become his wife and his brother-in-law.

But it turned out Mr Walton, from the Caloundra Flight Centre, and Ms Dickie, who worked at the George St office in Brisbane with Gerard, were not interested in each other.

Gerard took that opportunity, at a management conference, to swoop in.

He told Brisbane Supreme Court that they were both successful, noting Allison had worked her way up from a consultant to managing the Ipswich centre.

Gerard told the court Allison was awarded Ipswich business woman of the year at the time.

He said she was also named Miss Brisbane for her fundraising efforts for the Queensland Spastic Welfare League.

Gerard said he joined Flight Centre for a great opportunity at Toombul in 1994 after realising accounting did not suit him.

He said he had a business degree, with a major in accounting, but was not a certified practising accountant.

Gerard she he quickly realised he loved being a travel consultant.

"I fell in love with the company as well," he said.

"I was regularly a top performer."

Gerard told the court Allison had been engaged previously but had "broken that off".

He said he was "quite good with computers" so he kept running upstairs to help her with problems Allison was having.

"She got more and more problems with her computer," he said.

"We got to know each other better.

"She was popular."

Gerard said he was "pleased" Ian and Allison were not interested in each other.

His younger sister Olivia ended up marrying Ian Walton and he became Gerard's brother-in-law.

"We got together and began dating that weekend," he said.

That was toward the end of 1995.

"I fell in love with her," he said as he broke into tears in the witness box.

"I fell in love with her pretty well straight away.

"I had a couple of girlfriends previously but I felt a level of emotional attachment with Allison that was far deeper than I'd ever experienced before.

"Because of that I felt she was the one."

Gerard told the court they were planning a trip to Paris and he did not want Allison wondering on every street corner whether "that was the day".

So he proposed to her under the Eiffel Tower - at Park Road in Milton.

"She was quite taken aback because she'd been engaged before and, probably psychologically, she was preparing herself for some months hence.

"She actually asked for a week to think about it.

"I gave her that week and then she said 'yes definitely'."

They got married at St Mary's at Kangaroo Point with the bridal party arriving on a ferry on his parents' wedding anniversary.

Gerard said they had planned an "extravagant" three-month holiday as their honeymoon.

"We decided we had an opportunity to go off and see the world a bit," he said.

"We were able to get extraordinarily good deals from suppliers (through Flight Centre) that enabled us to do some wonderful things."

Gerard said they returned from that trip for his friend Robert Cheesman's wedding and his sister Olivia's wedding.

He said they then decided to head to South America which was when they opted to take a weekly anti-malarial drug called Larium.

Gerard said they were told it had side effects for people with a predisposition for mental illness but thought that did not include them.

He set they set off for South America in September, 1998.

"It had no effect on me," he said.

"It obviously had a dramatic effect on Allison.

"From normal Al - a lovely kind gentle person, but with a great sense of humour and love of life, through to some really deep depression.

"Back in 1998 I had no idea. None of us really had any idea what depression was.

"It wasn't really talked about by anyone.

"She would become quite withdrawn."

Gerard said the worst day was when they were planning to go to a silver mine in Bolivia and "Allison could not get out of bed".

"She was curled up in bed and she just did not want to go anywhere.

"She said she didn't feel sick but didn't feel like going out at all.

"The next day she woke up normal, as though nothing had happened.

"I was delighted but also confused as to why that was.

"That sort of mood fluctuation continued throughout the trip."

Gerard said that Allison got to the point where she was "not well at all" and "almost unable to communicate properly".

He said he took her to hospital in the UK and that was when they became aware Larium could have been "a trigger for these episodes she was having".

Gerard said her paranoia escalated when they were staying in a chalet for nine-months to help the scouting movement.

He is the great grandson of Lord Robert Baden Powell.

"There was a tremendous snowfall in the alps right across the alps that winter - the biggest snow storms for 100 years," he said.

Gerard said large parts of the village were being evacuated and some other villages got wiped out.

He said they were relocated to a hotel in the centre of the village away from the mountains.

Gerard said there were times when Allison's inner paranoia meant she thought the sky was falling in so the possibility a big lump of snow could fall below made her very anxious.

He said this was a huge change for Allison who had been the global head of human resources for Flight Centre across all brands.

"When we got married she was just a world beater - she could do anything," he said.

"She was just a bit more fragile (when we returned).

"We wanted to have a family.

"She decided to stop working at the end of June.

"Because my job was so good we could afford to do that.

"In August I was made redundant - that was a bit of a shock to both of us.

"We always tried to look at the positives in everything.

"Maybe this is a sign we should be looking at doing things on our own."

Gerard said Allison's anxiety returned after their first daughter was born and the September 11 terrorist attacks did not help.

"Sometimes she was fine and sometimes she was not great," he said.

"She was very concerned about being a first time mum and doing everything right.

"She was not right immediately after (September 11).

"She became very anxious.

"It was a progressive thing that became worse.

"It got to the point where my office that I set up in the garage, Allison would become distressed and have a panic attack if I were to leave the house to go to the office.

"She would lie on the couch and basically just tend to (their daughter's) very basic needs.

"She was desperately keen to breast feed her.

"She would change nappies and that sort of thing.

"To be perfectly candid with you, there came a point where … I was doing everything in the home because Allison was in a depressed state that wouldn't really enable her to do anything.

"It was during that time I wired up an intercom facility from the garage to the house so that if she ever needed me she could call and I could be in the house in 10 seconds."

Gerard said that behaviour became progressively worse in 2002 and then they had a miscarriage which did not help.

He said she became anxious while driving and once had to pull over, with her daughter in the car.

"It came to a head when she told me she had been feeling very anxious and faint and had pulled over on the side of the road," he said.

"She had managed to pull over on the side of the road and she passed out at the wheel.

"She stopped driving from that moment on.

"We only had one car anyway.

"She was very nervous even as a passenger.

"The longer the car journey the more anxious she became."

Gerard said Allison did not want to talk to her parents about her illness.

He said he did not tell anyone because "I was protecting my beautiful wife" and she did not tell anyone because she did not want to seem incapable.

Gerard said Allison started seeing psychiatrist Tom George and he was driving her to appointments for about a year.

He said Dr George explored her history right back to childhood when Allison was in the Australian Youth Ballet Company.

"They toured to the UK on one occasion and Allison was very gifted as a ballerina," he said.

"As a child there was a huge amount of pressure on her she felt to perform.

"Often times in the wings, not just before but during a performances, she would actually be physically ill - vomiting."

Gerard said they were reluctant to take anti-depressants after the experience with Larium but they agreed to try it.

"Over a period of weeks and months she did start to improve," he said.

"She had less episodes of anxiety and panic attacks.

"Allison and I strongly believe in the power of positive thinking.

"I felt she got a triple benefit from her consultations with Dr George; the benefit of treatment with him, the medication … but additionally she got the intangible benefit of feeling like we were doing something and making headway against this mental illness."

Baden-Clay denies role in wife's murder

GERARD Baden-Clay has denied he had anything to do with his wife's murder.

Defence barrister Michael Byrne asked him a series of questions.

Byrne: Did you kill Allison?

Baden-Clay: No I did not.

Byrne: Did you fight with Allison?

Baden-Clay: No I did not.

Byrne: Did you at that time leave your children alone in the house to go to the Kholo Creek bridge?

Baden-Clay: Definitely not. Never.

Byrne: Did you ever take any steps to conceal or dispose Allison's body?

Baden-Clay: No.

Byrne: Did you ever do any clean-up of the house?

Baden-Clay: No.

Byrne: The car?

Baden-Clay: No.

Byrne: Surrounds of the house?

Baden-Clay: No.

Byrne: The car port?

Baden-Clay: No.

Byrne: What were your plans with your life with Allison?

Baden-Clay: We were planning to spend the rest of our lives together. We were working on that … after the infidelity I'd had in the past.

Byrne: What was your relationship with Toni McHugh at the time?

Baden-Clay: At that time I was communicating with Toni McHugh but in my mind we did not have a relationship.

Byrne: On April 20, you had marks on your right cheek?

Baden-Clay: I got them when I was shaving that morning when I was getting ready for work and preparing the children for school.

Byrne: Were you ever scratched by your wife?

Baden-Clay: Never.

Byrne: Have you ever been before a court charged with anything?

Baden-Clay: No.

Court hears Baden-Clay has sex twice after telling wife affair was over

GERARD Baden-Clay had sex with Toni McHugh twice after he told his wife Allison the affair was over.

He will tell the jury how they would contact each other by text or email and occasionally meet up.

"He discussed with her what her plans would be," defence barrister Michael Byrne said.

"What she would love to do, what motivated her."

Mr Byrne said Ms McHugh appeared to be interested in living happily ever after with Gerard.

"He accommodated that," he said.

"He would say 'yes all right'.

"He had no intention of being with her and he would appease her.

"When she demanded to know … he gave her a date of July 1.

"He did that knowing it would not happen, knowing that it would inevitably be postponed.

"He was hoping that would be the trigger for her to move on."

Mr Bryne said Gerard ceased further contact with Ms McHugh because of the counselling sessions with his wife and that they had begun physical relations again.

He said the couple tried various counsellors to find the right fit for them.

"Earlier counsellors had suggested Allison could vent whenever she liked about the relationship," he said.

"That didn't seem to work for them."

Mr Byrne said Gerard found a session with Carmel Ritchie "still negative and unhelpful for that sort of venting or revisiting the past to occur".

But he heard her out and was convinced at the end of the session.

"He agreed to be involved in that process whereby the venting would be limited to about 15 minutes every second night.

"He said they thought that was a good idea.

"They saw Ms Ritchie on the Monday, had a go on the Monday night and then revisited that on the Wednesday night, the 18th.

"By this stage of their relationship they were getting back together, they were spending nights together.

"One of the conditions was that he couldn't go out.

"They discussed the business - how it was going and they would make plans for the future."

Mr Byrne said the couple asked Nigel and Elain Baden-Clay, Gerard's parents, babysit the children on April 18, 2012.

"They did not leave the children alone, that was one of the golden rules," he said.

"They travelled to Mount Coot-tha, she had the journal with her.

"She asked him a series of questions."

Mr Bryne said Gerard told Allison he had been to the movies two or three times with Ms McHugh.

When asked if he was scared of being seen, Gerard replied: "Yes I was always nervous and they would go to cinemas at Barracks where they thought it was unlikely they would be seen or recognised".

Gerard told Allison that he never kissed or hugged Toni public.

Allison asked about Gerard's car, affectionately known as Snowy within the Baden-Clay family.

"To put it bluntly the Prado was the car used by Gerard for trysts with Toni McHugh," Mr Byrne said.

Mr Bryne said Allison asked follow-up questions on April 19 but the major discussion was concerning what happened that day - cross country, parent-teacher and plans for a child sleepover.

"He will say as he's told police that he went to bed that night on April 19 before Allison did," he said.

"He will tell you she was on the couch, wearing pyjamas."

Mr Byrne said Gerard would say Allison was wearing a chequered top, pyjama bottoms and she would often wear thick socks instead of slippers.

He said they they took turns to say goodnight to the girls and he left Allison watching the Footy Show about 10.30pm.

"He can't recall doing anything with his phone," he said.

"The normal practice was for Allison to have his phone at night.

"He woke around 6am on Friday the 20th and Allison was not there.

"He promised the girls their mum would be home before they got home from school."

Mr Bryne said his client helped police with their questions even after his father talked to a Toowoomba school friend to get a lawyer's number and he had advice not to give a police interview.

He said Gerard would tell the jury would he had no knowledge of what happened to Allison.

"He will tell you that he was not feeling under particular stress or pressure that week," he said.

"They had seen a counsellor who they felt positive with.

"They were putting practices into place to move forward with their relationship.

"As far as he was concerned he had concerns but not overwhelming concerned because they were improving."

Court hears Baden-Clay business booming, then floods hit

THE Baden-Clay real estate business was going so well in 2009 that Gerard and his three partners were "enjoying the high life".

"They had new cars, they had domestic and overseas holidays," defence barrister Michael Byrne said.

"They had designer clothes.

"He bought a new car because he thought the money would not run out.

"At the peak of the boom, they were each being paid about $5500 a month out of the business

"All three of them fell into the trap that would go on forever."

Mr Byrne said it was against that background that Gerard decided they needed bigger premises and more staff.

He said they signed a lease at 1 Swan Road at Taringa, started paying rent in December, 2010, and opened on January 10, 2011.

Mr Byrne said that sales started going down but the "rainbow" was around the corner and then the floods happened.

"It was a cruel, untimely and rather devastating event for a new heavily staffed real estate agency," he said.

"The financial situation wasn't getting better, it was going down."

Mr Byrne said his client was still with Allison.

"He cared for her deeply and between the two of them it had become a bit easier," he said.

"They had a routine.

"She seemed, from Gerard's point of view to be getting better.

"A much more even plane emotionally.

"He continued to support her and the children."

Mr Bryne said Gerard was involving in parenting and schooling.

He said his client was vice president of the P&C, kindergarten board member and would drop his girls at ballet, music, guides.

"He did a lot of the day to day things like cooking and regularly made lunches and the washing," he said.

"Things weren't still going well on a physical level with Allison and Gerard will tell you he went to a conference in Sydney and her had a brief but sexual relationship.

"Again he will tell you it's something he's not proud of but it happened.

"It was to him not a commitment, it was a physical relationship."

Later that year, in September or October 2011, Allison phone Gerard and asked to see him urgently.

She asked him about his affair with Toni McHugh and he confessed that it had been going on for years.

"He knew he had always known he wanted to be with Allison and the girls," he said.

"That's what he told Allison that day.

"He told her that was his decision, that he would speak to Toni immediately and tell her of that decision.

"He called her, arranged to meet her at the unit.

"He'll say the reaction wasn't pretty.

"Unlike Allison's reaction, Toni lost it.

"She yelled, called him a low-life for using her for three years.

"He tried to calm her down but left the unit.

"After that he went back to the office and he told each staff member what had happened."

Mr Bryne said Gerard was relieved it was out there.

He said he knew he would be dropping the children off at school and that other parents would know so he told the principal of the school he had an affair.

"Part of being back with Allison … for a couple that had been married for a lengthy number of years and attempting to get over one of the couple being unfaithful, being disrespectful and being involved physically with another person is very hard for people to deal with and for a relationship to survive," he said.

"He'll describe the period following that as extremely challenging for Allison and himself.

"She laid down some ground rules about what he has to do moving forward.

"That included having no contact at all with Toni.

"Both remained private people.

"There had been some knowledge of the affair, Allison had spoken to Wendy about it.

"Neither of them spoke to family or their close friends about it.

"They kept that to themselves.

"Allison told him that if he was prepared to recommit to the relationship then she would as well.

"In the next few months things improved.

"He'll tell you they began communicating more.

"He said he had no commination with Toni McHugh; that was despite her trying to contact him on a number of occasions."

But Mr Bryne said Gerard felt the need to tell Ms McHugh that he did not hate her and he was sorry.

He said they met for coffee about Christmas, 2011, and told her "it's not your fault, it's mine" and she should not be down about what had happened.

Mr Bryne said they did have some contact after that but not regularly.

He said Gerard thought the business, in 2012, was beginning to turn the corner but it was "far from out of the woods".

"He still had his friends advising him," he said.

"He sold the flash car, the Lexus, and traded down to a Captiva.

"They divided up the office space at Taringa so it was sub-let so the rental was reduced."

Mr Bryne said Allison had returned to the business and Gerard was supporting and training her in real estate managenment.

He said they were making strategic decisions regarding the future direction of the business.

Mr Byrne said Gerard had the loans from his friends and needed to pay out his three former partners.

"He wasn't overly concerned about it," he said.

"His plan was quite simple, he had time to finance through banks and if he didn't get it through there he would approach other business associates or get some sort of joint venture agreements."

Mr Bryne said Gerard made a short list of people to contact, including Moggill MP Bruce Flegg.

"He was a little depressed but he still had an optimistic view of how they would go," he said.

Mr Byrne said things were much better on the personal front and he was amazed at the forgiveness she gave him.

"He thought she was the strongest mentally she had been for years," he said.

"He agreed to support her and agreed on conditions."

Mr Byrne said as well as the no-contact with Ms McHugh condition, Allison had the password to Gerard's phone.

He said Allison would check the phone for messages, calls and emails almost every morning and night.

Mr Bryne said Gerard would usually hand his phone to her when he got home at night and get it back in the morning.


1.45pm: Gerard Baden-Clay to tell jury details of affair

THE affair with Toni McHugh started after Gerard Baden-Clay was counselling staff about their problems, relationships and personal issues, he is expected to tell the court.

"In the course of that, they developed a closeness and by the end of August 2008, it had turned into a physical relationship," defence barrister Michael Byrne told the court.

"Gerard doesn't shrink from this.

"He won't tell you he was every proud of it.

"But what he will tell you is that … he found himself being flattered, being appreciated and acknowledged and again, he'll be frank, and say he enjoyed the physical relationship.

"He'll say that's one side of the equation, the other side is guilt.

"They were seeing each other, they were having sex.

"And they both appeared to be content with that."

Mr Byrne said Toni decided to leave her partner and while Gerard felt that had nothing to do with him, he was aware of it and took it into account.

"Toni, he'll tell you, became more demanding, was telling him that from her point of view he should leave Allison to be with her," he said.

"That continued for about three years.

"He did not leave Allison.

"He'll tell you he told her he would not leave Allison, he would not leave his young children."

Mr Bryne said market share, profit and revenue was increasing at the real estate agency where he and Toni were working.

"She had ups and downs in her moods and he dealt with those in the course of this," he said.

"He'll explain there was for him a constant wrestle with his conscious.

"He enjoyed the excitement and thrill of the encounters he had with Toni but he was dedicated to Allison and the children.

"He'll tell you he tried on a number of occasions to break it off with Toni.

"They always ended up getting back together.

"Toni still wanted him to divorce Allison and be with her."


1.25pm: Gerard Baden-Clay expected to tell jury job meant he could be home for "happy hour"

GERARD Baden-Clay is expected to tell the jury about how his decision to join Raine and Horne at Kenmore was a good use of his skills.

He said it was walking distance from their home then and meant he could by home at 5pm every day to look after his, then, two daughters.

"He could be home by 5pm every day for what he called the happy hour when he would take care of the kids, feed them, bathe them and get them to bed," defence barrister Michael Byrne said.

"Allison would be at home and often she would go to bed when he arrived home.

"That way when the kids were in bed he could go to night appointments.

"That's the way they ran it in that year."

Mr Byrne said with his parents, Gerard bought a Century 21 franchise.

He said his client wanted to have his own business with success and flexibility to help Allison.

Mr Byrne said Gerard won a Quest business achievement award that year.

"Things were going forward, from strength to strength," he said.

"But the relationship with Allison was not. It was, if anything deteriorating."

Mr Byrne said Gerard would have to do the morning routine at home, taking his eldest daughter to morning meetings such as the Kenmore Chamber of Commerce so Allison could have a break.

"Communication was strained and their love was not existent," he said.

"Allison was suffering from two things - a decreased libido and weight gain which are both not unknown side effects of the use of the drug Zoloft.

"Throughout this they maintained the outer image of being a normal couple.

"Just a normal young married couple with children.

"Despite that scenario he'll tell you that Allison started to, in his words, desperately want another child.

"He again will tell you that he didn't think that was a good idea because of the way things were between them.

"She wanted, he'll say, to give him a son.

"There were no male Baden-Clays in the family and she wanted to do that.

"Allison became more depressed and Gerard will tell you that in that context, in that background, he had an affair."

Mr Byrne said that affair was with a former workmate.

"He wasn't proud of himself and, in fact, he was ashamed of himself.

"He got out of that and agreed to try for another child with Allison.

"Her mood improved dramatically and business was going well.

"It continued to grow, income increased, he was investing that income back into the business."

Mr Byrne said the business was again a finalist in the Quest business achievement awards.

He said Allison fell pregnant and was excited and "looking forward to it".

"Things were looking up," he said.

"The pregnant went well for the first two trimesters."

Mr Byrne said Allison then became anxious and headed back to the psychiatrist.

He said Gerard knew the gender of the child and Dr George put him on notice that might impact adversely on Allison's situation.

Their third child was born on September 15, 2006.

"While Allison appeared almost shocked they had a third girl, she bonded with the child," Mr Byrne said.

"They had three children, their relationship had survived and business was going well.

"They were comfortable financially.

"He was doing constant re-investment."

Mr Bryne said his client wanted to have a number of real estate agencies and believed he had the ability and skills to do that.

"To do that he needed to, he felt, expand," he said.

In 2008, Gerard was named in Business Review Weekly's top 100 Australian companies.

He took on partners and things continued up professionally but "on the home front they did not".

"She was often exhausted by the end of the day," he said.

"Their communication issues were not the best."


1.15PM: Court hears Gerard and Allison Baden Clay's history

GERARD and Allison Baden-Clay met while working at Flight Centre in 1995.

Gerard was manager for the 24-hour flight division and Allison was state HR manager.

They worked in the George St office and they became friends.

"They began to date and he'll explain to you there was a spark, connection between them and that for him, that meant a long-term relationship," defence barrister Michael Byrne told Brisbane Supreme Court.

"He'd never really connected with Allison's family but he certainly connected with her."

In 1996, Gerard proposed to Allison and she accepted.

They immediately drove down to the Gold Coast to where her parents lived and told them about that.

"They were both warmly congratulated," Mr Byrne said.

"They started planning their life together.

"What they started as the plan of their life together was a lengthy overseas working/honeymoon which they undertook.

"For them it was to be a journey of a lifetime experience.

"They travelled the world together."

The couple married on August 23, 1997, and they left the country a week later.

They went to Kuala Lumper, the Maldives and went on tours throughout Turkey, Egypt, Spain, Portugal, Morocco and much of western Europe.

Mr Byrne said the Baden-Clays were both high achievers who were keen to pursue their careers.

He said they got jobs in London, Gerard in financial systems management and Allison as a trainer.

Mr Byrne said they applied for and gained volunteer positions in Kandersteg International Scouting Centre in Switzerland.

"They were both delighted," Mr Byrne said.

"They worked there for the summer season from June to September."

The couple then returned to Brisbane but soon decided to take a trip to South America.

Mr Byrne said they went to a traveller's medical centre for advice about vaccinations for that part of the world

He said one of the drugs was anti-malaria medication - one was a daily tablet and the other once a week.

The latter, Lariam, had potential side-effects but they were told that really only concerned people who had any predisposition to depression or mental illness.

"Neither of them dreamt they were in such a position so they accepted the once a week tablet of Lariam," Mr Byrne said.

"They travelled to South America together at the end of September.

"That trip turned into .. an emotional rollercoaster.

"The ideal marriage, the ideal honeymoon changed in that Allison for the first time, the first time they've been together and the first time in her life, started to have severe mood swings during that trip.

"There were days where she wouldn't leave her room, she would be restless, listless.

"She couldn't function at the normal bouncy Allison self.

"The next day she'd be fine .. having the trip of a lifetime."

Mr Bryne said the couple went back to Switzerland with the scouting movement again.

He said they stayed in the Alps where they had the heaviest snowfall in 100 years and there was high risk of avalanche.

"Allison reacted to that. She felt literally like the sky was falling and when that became a real possibility she lapsed what he describes as a deep depression," he said.

"That affected their relationship, affected their good times together and indeed their intimate relations.

"They came back to Australia at Christmas and visited their families.

"They were planning to return to Switzerland… and do what they loved doing."

Mr Byrne said that was interrupted with position offered at Flight Centre.

He said they decided to stay in Brisbane because of those positions and they had  had their fun and it was time to have a family.

Mr Byrne said Allison gave up work and they worked on having a family but then Gerard was made redundant after the September 11 terror attack.

"That greatly impacted on the travel industry, hit them and their employer," he said.

Allison had her first child on July 3, 2001.

Mr Byrne said Gerard would tell the jury Allison went within herself, became insular and did not want socialise to the extent she did in the past.

"He took on more of a role taking care of the household, looking after their daughter," he said.

Mr Byrne said Gerard took a trip with his brother who had been on a tour of duty in East Timor.

"They went away together but he cut that short to come back for Allison," he said.

"Even at this point there was no diagnosis, neither of them knew about depression, its effects or its treatment.

"But in 2002, whatever she had, seemed to be getting worse.

"He was at that stage working from home, he'd set up a home office in the garage."

Mr Byrne said Allison would have panic attacks even when he was in the garage because he was not with her in the house.

"They were private," he said.

"They would socialise less and less.

"She wouldn't want to go to social functions.

"It wasn't a hiding of it, it was simply the way they were.

"Towards the end of that year 2002, Allison suffered a miscarriage.

"That didn't assist her with depression and the ongoing panic attacks.

"Nevertheless Allison wanted to have another child."

Mr Byrne said they were happy when Allison fell pregnant with their second child who was due to be born the week before Christmas in 2003.

He said Allison's episodes were continuing and they had not put together that she was suffering from a medical condition.

Mr Byrne said Allison went to see psychiatrist  Dr Tom George and "Allison opened up probably for the first time".

He said Allison spoke about anxieties as a child, vomiting prior to dancing performances, and her striving for love and acceptance from her parents.

Mr Byrne said Allison took anti-depressant medication which took off the highs and lows.

He said there were relapses but the drugs would stabilise her mood.

Mr Byrne said this meant she was rather flat but certainly not depressed.

"While her condition was managed, they still had trouble communicating and understanding what this was and how they would get through it," he said.

Mr Byrne said they decided together they needed further income and decided on a career on real estate.


11.15am: Gerard Baden-Clay to tell jury: I did not kill my wife.

MURDER accused Gerard Baden-Clay will tell a jury "he did not kill his wife.

Defence barrister Michael Byrne told Brisbane Supreme Court that his client would give that evidence under oath.

He said Mr Baden-Clay "doesn't know what happened but he will tell you in depth what happened and walk you through what occurred".

"Perhaps in the forefront of what he will tell you is that he did not kill his wife," he said.

"He will tell you that he did not leave his young girls alone in the house at Brookfield while he drove out to Kholo Creek on any occasion on April 19 or 20, 2012.

"He will tell you that he certainly did not transport or carry his wife's body down the muddy slope next to the Kholo Creek bridge and he did  not place it in the water at the bottom of that slope.

"He did not drive back from Kholo Creek having walked through the mud and he did not because there was nothing to clean up at the house in the surrounds of the house or in the car.

"Gerard Baden-Clay will tell you all of those things and will give you details of what did occur on those days on April 18, 19 and 20, 2012.

"He will swear to those issues and he will then give you a background as to his relationship with Allison.

"How they met, how they married, how their relationship went through difficulties, how they were throughout the years.

"He will tell you openly and frankly about his infidelity.

"He'll tell you about his relationship with Toni McHugh and indeed with other infidelities during his marriage.

"But what he will tell you is that he intended to continue his life with Allison and the three girls.

"He'll tell you he loved those girls and would do nothing to jeopardise his relationship with them.

"That was the case in April, 2012.

"He will walk you through the emails that you have seen … between he and Toni McHugh.

"He will tell you what happened between himself and Allison on  the night of the 18th.

"You saw the journal yesterday.

"You saw the questions written out there.

"He will tell you yes they were Allison's questions.

"The ones crossed out were the ones she asked. He answered.

"He'll tell you on that occasion on April 18, the evening, they had driven to Mt Coot-tha together as his parents babysat and they went through those questions.

"He'll tell you there was never any shouting, never any explosion.

"There was certainly stress because of the intimate matters that were being discussed.

"But he will tell you that the relationship between he and Allison was never one involved in histrionics, never a relationship of raised voices or arguments, let alone any incident of domestic violence, it was not that kind of relationship.

"When the affair was discovered, when Allison's friend Wendy told her about it back in October, 2011, she called him, said we need to talk.

"From your own experiences, you may well think he full well knew what that talk was going to be about.

"He arranged to meet her at McDonalds at Indooroopilly.

"They drove there in separate cars.

"He got out of his car and got into the passenger seat of Allison's car.

"She asked him 'Are you having an affair?'

"He said 'Yes I am'.

"Her response he will tell you was not one of hysteria, it was one of disbelief.

"It was one possibly not of shock but certainly shaking one's head.

"She got out of the car, she sat on the curb.

"He got out and sat next to her and they talked through it.

"That's how their relationship worked.

"That's how it had worked throughout their 14 years of marriage.

"If there was an issues, be it an affair, be it depression, be it lack of physical contact between then, they talked through it.

"They weren't a couple who expressed their dissatisfaction in any way by way of raised voices.

"On that occasion at the McDonalds, Allison told him, 'you've got a decision to make - her or me. And if it's me they're going to be conditions, she has to go, she can't work with you'.

"He agreed and as you've heard from the members of staff, he went straight back to the office and told them individually what had happened.

"It was a long-term affair that had been running for years but he was prepared for the sake of that relationship to cut it.

"It wasn't forgotten.

"It was a sore topic between them.

"As you can see from that journal, it was a topic that was still a live one in April 2012, but in none of that period, in none of those months was there anything other than discussion between them about it.

"Variously, incrementally, Allison would ask for details and further details and he would give them to her.

"He'll tell you precisely what he said to her when she asked those questions on April 18, 2013."

Mr Byrne said there were follow up questions on April 19 - asking what he did on the three birthdays he spent with Ms McHugh.

He said his client then went to bed as he had told police repeatedly.

Allison was in her pyjamas," he said.

"He doesn't know whether she came to bed with him or not, slept out in the lounge."

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