Allison Baden-Clay.
Allison Baden-Clay. QT file image

Admitted error contradicts Baden-Clay's FaceTime claims

UPDATE 3.30pm: A BARRISTER has questioned whether mobile phone call logs contradicting Gerard Baden-Clay's sleeping patterns the night his wife Allison disappeared could be wrong after an admitted error.

Peter Davis asked computer analyst Neil Robertson how he could rely on his hardware and software tools to extract data from the iPhone 3GS when the call logs showed a FaceTime call that could not have occurred.

Brisbane Magistrates Court heard Mr Robertson swore an affidavit during a bail application that Baden-Clay made a FaceTime call at 2.30am on April 20, a few hours before he reported Allison missing.

But Mr Robertson, who has worked within the Queensland Police Service computer investigation section for about 4.5 years, later realised the 3GS was an older model iPhone without the capacity to use FaceTime technology.

"An iPhone 3GS is not capable of making FaceTime calls, so the whole thing is just wrong?" Mr Davis asked.

Mr Robertson said he checked with the data extracting software manufacturer who admitted there was a glitch with the program and cross-checked the data with two other programs.

"It was simply a false positive with the software," he said.

"That's why we use a variety of tools."

Mr Robertson said he used a range of hardware and software tools to extract binary data about the phone's use.
Under cross-examination from Mr Davis, he agreed he "assumed they work".

Mr Robertson said the tools were widely used throughout the computer forensic community and law enforcement agencies.


10am: FORMER Queensland minister Bruce Flegg heard a "blood-curdling" female scream the night Gerard Baden-Clay is accused of murdering his wife.

The Moggill MP, who lives about a kilometre from the Baden-Clay household at Brookfield, said he was on his mobile when he heard the "disturbing" noise.

"It was blood curdling and I became very agitated," he said.

"I can't tell you why it was such a distressing sound but I immediately reacted.

"I leapt out of bed.

"I have no idea where it came from but it sounded quite close.

"It was unquestionably a female voice and it was a single sound that seemed ... like 2-3 seconds.

"There was a tapering off."

Mr Flegg said he went searching outside his home and after not finding anything he went to knock on his friend's bedroom door.

He said Graeme Hallett, his former ministerial staffer, had been staying with him for three months and he thought he might have heard him.

But Mr Flegg said Mr Hallet "sleeps like a railway sleeper" and he was "unsuccessful in waking him".

That's when he heard a second scream.

"It was identical," Mr Flegg said.

"It had a significant effect on me."

But Mr Flegg said it was softer but that could have been because he was further down the hallway.

Mr Flegg is engaged in a legal battle with Mr Hallett over allegations he raised which led the the former minister's resignation as housing minister.

Mr Hallett alleged Mr Flegg was unfit for office, releasing documents showing inaccurate diary entries and alleged

Mr Flegg had regular contact with his lobbyist son despite his office claiming the contact had been banned.

Mr Flegg told the court Baden-Clay had previously asked him for a $400,000 loan but he had refused.

He said Baden-Clay told him it was an equity loan to buy other people out but he would not name the partners leaving.

Mr Flegg said he could not imagine anyone loaning money when the person requesting it would not divulge that information.

"I closed the door on the discussion," he said.

Mr Flegg said Baden-Clay had called during the 2012 election campaign but he did not have time to take the call.

He said he asked someone else to phone him back and that person reported Baden-Clay was "distressed" and "tearful".

Mr Flegg said he felt bad about having been too busy to take his call so he phoned Baden-Clay on March 11.

"He almost seemed like he'd moved on from that - he was quite calm and didn't pursue the matter with me," he said.

Mr Flegg said he went to check on Baden-Clay's well-being after his wife went missing last April.

"Most of us locally would not have expected this to be a murder," he said.

Gerard Baden-Clay is facing a committal hearing in Brisbane Magistrates Court charged with murder and interfering with a corpse.

The father of three stands accused of murdering wife Allison at their Brookfield home on April 20 last year and then disposing of her body under the Kholo Creek Bridge, near Ipswich.

Her body was found 10 days later but no obvious cause of death has been determined.

The Crown will call 42 witnesses to testify against the 42-year-old real estate agent and will tender 330 witness statements.

Prosecutor Dan Boyle has told the court the Crown intended to prove Baden-Clay had strong motive - pointing to almost $1 million he stood to benefit if his wife died, the significant financial debts he had and the affair with Toni McHugh, where he promised in an email that he would leave his wife by July 1.

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