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IN THE SUPREME COURT OF QUEENSLAND AT BRISBANE

REGISTRY: BrisbaneNUMBER:

RE: AN APPLICATION FOR BAIL BY GERARD ROBERT BADEN.CLAY

I, GERARD ROBERT BADEN-CLAY of care of Arthur Gorie Correctional Centre,

3068 lpswich Road, Wacol in the State of Queensland, state on oath:

The Status of the Mafter

'1. I am the Applicant herein in these proceedings.

2. On Wednesday, 13 June 2012 I was charged with the following offences:-

Charde 1 That on or about the 1gh day of Aprit 2012 at Brisbane in theSlafe of Oueens/and one Gercrd Robert BADEN-CLAYmurdered Allison June BADEN-CLAY

Charoe 2 That on or about the 1gh day of Aprit 2012 at Brisbane in theSfafe of Queensiand one Gerard Robert BADEN-CLAYimproperly inteiered with a dead human body

I was detained at the Brisbane Watchhouse and on Thursday, 14 June 2012

I appeared in Brisbane l\,lagistrates Court No.3 before Her Honour

l\ragistrate Elizabeth Hall. The charges against me were listed for

Deponent: /Z OAFFIDAVIT OF GERARD ROBERT BADEN-CLAYFiled on behalf of the Applicant

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LawyersGround Floor, Nexus Tower

105 Scarborough SfeetSOUTHPORT QLD 4215

Tel: (07) 5532 1999Fax: (07) 5532 1991

JACOBSON MAHONY

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Committal Callover in the Brisbane Magistrates Court on I July 2012 (Court

18).

Later on the morning of Thursday, 14 June 2012 I appeared again in the

Brisbane lvlagistrates Court in response to a police Application for a

Forensic Procedure Order. I consented to the Order, in the same way in

which I have agreed to examinaiion and photography when asked by police

during the course of their investigation.

It is my intention to strenuously contest the charges levelled against me.

At the time I signed this Affidavit, neither myself or my lawyers had been

provided with any material other than the material relevant to the Forensic

Procedure Application and the Police QP9 Summary of Allegations, a copy

of which is exhibited hereto and marked with the letter'A".

I am informed by my lawyer and verily believe that Sergeant Lane of

Brisbane Police Prosecution Corps, whilst in the presence of Detective

Cameron lVcleod, advised the Police Objection to Bail document would be

provided to my lawyers on Thursday, 14 June 2012. At the time I signed

this Affidavit, neither myself or my lawyers had been provided the Objection

AfJidavit.

Personal Details

B. I have no criminalhistory.

9. I was bom on 9 September 1970 and I am forty one years of age.

'1 0. I was married to Allison June Baden-Clay (nee Dickie) on 23 Aug ust 1997.

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11. We had three children together. Hannah was born on 3 July 2001 (10 years

of age), Sarah was born on .16 December 2003 (! years of age) and El4anor.l c5a 94

was bom on 15 September 2006 (5 years of age).

12. AII of my children attend Brookfield State School. Hannah is in year 6,

Sarah in year 3 and Eldanorrin prep. My children are involved in olhet Lk. @-activities including violin, choir and particularly ballet.

Circumstances sin ce 20 Aptil2012

13. I was aware from media publications as early as 23 Apnl2012 that I was

suggested to be a suspect.

14. Exhibited hereio and marked with the letter '8" is a true copy of a

downloaded Couder Mail arTicle of 23 Apnl2012 indicating that police had

confirmed Allison's disappearance was being treated as a crime

investigation and in the second paragraph that I '\Mas a person of interest in

the investigation along with a number of people close to the couple."

Over the whole of the period from 20 April 2012 I have not seen or been told

anything to suggest that the police were looking at anyone else other than

myself as the prjncipal suspect.

My family and I have been subjected to an extraordinary media blitz.

Multiple print and television media from numerous, if not at all, outlets were

camped outside my parents' home permanently for around thirteen ('13)

days. The media would photograph anyone who entered or left the house.

ln addition, they were positioned in adjoining streets and at my house. The

media would follow me and my family everywhere we would go. This would

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e41 &include to my workplace, €@unselling appointments for my children and to

my children's school, all the while continually photographing and video

recording me and my family. The blitz coniinued afterwards but not to the\l

extent that the press were -permanently camped outside my parents'

residence where my children and I were staying.

17. The media has reported extensively on the matter. Exhibited hereto and

marked with the letter 'C' is a bundle of some of the documents

representing either internet downloads, newspaper copies or television

media transcriptions compiled by my lawyers Jacobson lVahony Lawyers.

18. Noiwithstanding the scrutiny, the suggestion of me being the prime suspect

and wide spread nationwide speculation throughout the community and in

the press I remained prioritising the care and support of my children

endeavouring to provide stability and structure in an extraordinarily diffcult

time.

I 9. There has never been any suggestion of flight. I have never considered it, I

maintain my innocence and will be strenuously defending the charges.

Should I be granted bail by this Honourable Court, my intention is to

continue to provide that same care and structure to my children, lgenuinely

believe that they need me.

The Present Position in Relation to my Children

20. I was arrested by police at my workplace when I was leaving to collect my

children from school. At the same time, I am injormed and verily believe

that the police requested that my parents Nigel and Elaine Baden-Clay

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immediately attend ihe lndooroopilly Police Station- I was later advised that

my children had been taken to the Femy Grove Police Station.

I have subsequently been informed that Detective Sergeant Matthew Grice

of the lndooroopilly Child Protection & lnvestigation Unit made application

for a Temporary Assessment Order. At 3.14pm on 13 June 2012, the date of

my arest, a Temporary Assessment Order was made, continuing in force

until Monday, '18 June2012. Exhibited hereto and marked with the letter'D"

are true copies to the Temporary Assessment Orders that relate to each of

my children.

I was not served wiih any material relevant to the Temporary Assessment

Orders and had been informed by my lawyers and verily believe that the

police will not provide a copy of the application and any affidavit material in

support because the police consider that material to be "Court documents".

I have not been served with any other application under the Child Protection

legislation.

I have been advised that my children are living with their grandparents, Mr

and Mrs Dickie and understand that they have not attended school or any

other activities such as ballet (including their ballet concert) since my arrest.

ln my attempts to provide stability and support to my children I had arranged

regular and ongoing counselling and endeavoured to provide as much

structure and routine as possible. To me as their tather, this was obviously

important given the loss of their mother and the difficulties I observed in

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them, particularly my oldest daughter, Hannah in coping with the intense

media scrutiny.

26. I am very concerned for my children and reileraie that should I be granied

bail by this Honourable Court that I will dedicate myself to their care.

My Background

27. I was bom in Boumemouth, England.

2a. Given that my father grew up in Africa, I spent my younger years in

Rhodesia (Zimbabwe) .

29. My family came to Australia in 1980 when I was ten (10) years of age after

forming the view that it would be saf,er to -live in Australia. At that time, my

family was comprised of the following persons:

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. My father - Nigel GgFrd AILen Baden-Clay (born 10 February 1943);

o My mother - Elaine lsobel Mra Baden-Clay (born 27 April 1944);

. My sister - Olivia lsobel Baden-Clay (now Walton) (born 26

September 1973);

. My brother - Adam Paul Baden-Clay (bom 23 December 1975).f'' 4 4 d \it't"'r4 3

After living in Melbourne, Victoria for eight (8) months" with my father's

cousin who sponsored by father to live in Australia, we settled in

Toowoomba in 1981 .

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31. I completed primary school in Toowoomba at the Gabbinbar State School.

32. I compleied high school at the Toowoomba Grammar School until the

compleiion of year 12 in 1987. I obtained a iertiary entrance score of 900.

Whilst at high school lworked as a waiter at Squatters, a Toowoomba

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restaurant and undertook strawberry and potato picking in the Lockyer

Valley when I could. I represented Toowoomba in Hockey in Under 17 and

Under 21 divisions.

r- Tertiarv Education,2,^ 33. Following school, over a five (5) year period. l6ompleteda Bachelor of, l__ . __) _ _*._._. _.

'1-"-r^ Business (majodng in accounting and compuiing) at the Dowling Oown-# ;,' .-i L'- Institute of Advanced Education, now the University of Southem..;-{

Queensland.

34. At the same time, over a period of about three (3) years, I undertook Offlcer

training with the Australian Army Reserve.

35. Whilst studying, I supplemented my income with work over the holiday

perjod aqain chippinO onions and picking potatoes in the Lockyer Valley andt'

' -z KPMG Peat Marwick. Thereafter, for a period of approximately twelve (12)

months I worked as the Company Accountant for Designer Workwear.') - .-- -38. From 1994 to 1997 I was emptoyed by the Flight Centre. ln work as a ' 1'1,",

Travel Consultant I initlated the ,lrst twenty four (24) hour division of the

Flight Centre, rnanaging my own outlet. Ultimately, lwas asked and

accepted the role of managing the office and recruitment systems for the

r-fun,,,

-u n.'"-, working as a waiter at the Squatters Restaurant in Toowoomba.

., - 3 erprovrnent History "t ' ,'r, .

i'L' -),,,'" )t;. K-, 36. I have a good work history. :ta) ' '"1 --- '{

t,^ ))l )r? . ?,37. From 199'l to 1993 lworked as an Accountant in the Audit Division of' >Zr,/,(' .--..^ ^ ._

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Flight Centre. I worked extremely long hours and was responsible for up to

eight (8) staff during the busiest times.

It was during my employment with the Flight Centre that I met my wife,

Allison, who at the time was the Human Resources Manager for the Flight

Centre. After Allison and I married, we left the Flight Cenhe and travelled

overseas. Whilst in London, I worked as a Financial Systems Consultant

with Blockbuster lntemational for a period of six (6) rnonths whilst Allison

worked with Dale Kamegie Training.

I worked in a number of positions whilst Allison and I were overseas. I

worked in the Project Department of the Kandersteg lntematjonal Scouts

Centre, Swilzerland as a Volunteer for three (3) months. Later, lworked as

the Assistant Director ot the Intemational Scouls Cenlre for a period of

twelve (12) months where I undertook a management role supervising up to

fifty (50) staff and at times working as the Acting Director.

We returned home to Australia after being offered jobs with the Flight Centre

towards the end of 1999. I took up a position as the Global Systems and

Communications Manager with Flight Cenhe. I headed a team of three (3)

employed specifically to develop the Flight Centre's internet stategy. This

role concluded towards the end of 2000.

After this position w,th the Flight Centre lcommenced my career in real

estate. lnitially, I worked with Ralne & Horne at Kenmore for a period of ten

(10) months. After completing the required modules at the Australian

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\"Property College I obtained my real estate agent's licence !n aboui late 2003

to early 2004.

ln 2004 I comrnenced as Principal and Manager Director of Century 21

Westside. The office was originally based at Kenmore but moved to 1 Swan

Road, Taringa, The size of my real estate firm has fluctuated from three (3)

staff in total when we commenced the business to, at its highest, tvr'enty

eight (28) staff. My wife Allison worked in the property management side of

the business.

The Century 21 Weslside office has two (2) arms, sales and the rental role.

Due to practical reasons I recently made a decision to concentrate on the

rental side of the business and confnr that in addition to myself I have two

(2) other siaff members. lneedto be present to supervise and manage the

business during a very difficult time.

Residential History

45. My family and I have, since commencing the Century 21 business resided in

either the Kenmore or Brookfield areas.

For a period of five (5) years I resided with my family at 37160 Gubberley

Street, Kenmore in the State of Queensland. We rented this property.

For the last six (6) years my family and I have resided at 593 Brookfleld

Road, Brookfield in the State of Queensland. That property is rented ($460

per week) and the lease runs, in essence, from Christmas to Christmas.

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Brookfi eld Community lnvolvement

48. I have always been heavily involved in the Brookfield community, from a

business and volunteer perspective, and in relation to my children's lives.

49. I hold the following positions in the school and business community:-

.7a. Vice President of the Brookiield State Schoot P&C (Elected for the 51h

year running);

b. WestHsuburb Zone Chairfor REIQ (3'd year):

c. President Kenmore & District Chamber of Commerce.

I have held this position for six (6) of the last eight (8) years.

Assets & Liabilities

1,. 50. I have an interest in an investment property at Paradise Point located nextlr_

l, . door to the residence of Allison's parents, Mr & lMrs Dickie. The property is

r I purchasedfour (4) houses back from the Gold Coast broadwater and is held

.1. ',,. in the name World ofTop Step Pty Ltd. ln essence, Allison and Ijointly own--l- the property with her brother and his wife. The property was purchased to

''+ protect N,4r & Mrs Dickie's waterfront view. The property is rented. I believe

it would be worth somewhere in the vicinity of $4oO,oOO.Oo to $450,000.00. !-.-

51. A mortgage exists in the order of $350,000.00.

52. Allison and I had a share portfolio primarily comprised of AMP and Flight

Centre holdings. l\y'ost of the shares were in my name and I would estimate

their value, although fluctuating, to be in the vicinity of $150,000.00.

53. I have a number offinancial responsibilities. These include:-

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a. At the beginning of 2011 my business was suffering serious financial

stress after the Brisbane floods. A capital injection was necessary.

My then wished to take that step and I consequently bought my

partneFout and assumed financial responsibility. I borrowed a total

sum of approximately $350,000.00 from friends and family so as to

support the businessl

b. I have credit card debt in the vicinity of $40,000.00;

c. I have two (2) motor vehicle leases;

d. I have a margin loan of approximately $40,000.00.

EmotionalState

54. I am informed by my lawyers Jacobson Mahony Lawyers and verily believe

that on the evening of my arrest a Channel I Journalist r[o-rtea tnat

Channel 9, "Understands police were waiting until Friday to make an arrest

but yesterday afternoon chose to move immediately allegedly concerned

about the real estate agenfs emotional state after days of questioning his

family."

55. I have no inlention of self harm. My intention is that should I be granted bail

that I will abide by the terms of any Bail Order, apply myself to defending the

charges, attend to the conduct of my business which has been

understandably affected by the publiciiy of the matter and most importantly,

to the care and support of my children.

56. On 22 April 2012 I was involved in an accident where the vehicle I was

driving crashed into a concrete pylon at lndooroopilly. I was hospitalised

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ovemight and on application by the police was assessed by a psychiatrist to

consider any rlsk of self harm before releasing me. I had a conversation

with the psychiairist and was released on 23 Apil20'12.

57. I note that no attempts of self harm have been made by me despite the

intense rnedia scrutiny, and the report of me as a person of interest as early

as 23 Apil2012.

Undertakings

I undersl,and that should This Honourable Court grant me bail that my bail

conditions are likely to include a condition that I reside at a particular

address. Should I be granted bail I propose to continue living at my home

address situated at 593 Brookfleld Road, Brooklleld in the State of

Queensland. I propose that my chlldren would reside with me as they have

done so the entirety of their life and particularly since the 2oth of April 2012.

I undertake to reside at that address should this Honourable Court grant me

bail.

The nearest police station to my home address is the lndooroopilly Police

Station. lf granted bail by this Honourable Court, I unde(ake to report to the

Indooroopilly Police Siation daily or at such other time as is directed by this

Honourable Court.

ln the event that I am granied bail, I further undertake whilst on bail:-

a. To surrender any passport or exit Visa;

b. Not to apply for a passport or exit Visa;

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c. Notto approach any point of intemational departure;

d. Not to use ot possess any weapon;

e. Not to commit any offence.

61. I understand that should this Honourable Court grant me bail it is likely the

Bail Order will include the above matters to which I have undertaken as

conditions of my Bail Order. I understand that breaching such a condition

amounts to a breach of any Bail Order that may be made by this Honourable

Court.

62. I am informed by my legal representative and verily believe that my parents,

my sister Olivia and her husband lan, my friend Mr Peter Cranna and other

persons are prepared to provide sureties for me by way of iheir Property

interests or cash. I understand that should I breach a Bail Order made by

this Honourable Court that any persons who go surety for me may be liable

to lose their cash surety or the value of their surety.

63. All the facts and circumstances herein deposed to are within my own

knowledge and belief save such as are deposed to from information only

and my means of knowledge and sources of information appear on the face

of this my Affidavit.

SWORN by GERARD ROBERT BADEN-CLAY

on the 18th day of Ju ne,2o12 al EA5a4 N€' in the presence of:2 ,.i /1 'r1z- . -- -,-----7y'/a>ra-=-_- .;{fl2.,:- (

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