Gerard Baden-Clay
Gerard Baden-Clay

Baden-Clay counselling sessions may be heard at murder trial

MURDER accused Gerard Baden-Clay wants a family counsellor's evidence heard at his trial next year.

Mr Baden-Clay, 43, is accused of murdering his wife Allison in their Brookfield home and then dumping her body under the Kholo Creek bridge, near Ipswich.

He reported her missing on April 20, 2012 and a canoeist found her body 10 days later.

Baden-Clay, who was educated at Gabbinbar State School and Toowoomba Grammar School, has maintained his innocence since his arrest in June last year.

Earlier this month, the Brisbane Supreme Court was told the couple saw a family counsellor separately on April 16, 2012.

Mrs Baden-Clay had an individual session with the same counsellor on March 27, 2012.

The court heard the counsellor, Carmel Ritchie from Relationships Australia, planned not to testify at the trial as she deemed the sessions confidential.

Justice Glenn Martin previously indicated Ms Ritchie could be in contempt if she declined to give evidence.

In the Brisbane Supreme Court on Tuesday the prosecution and defence argued the notes Ms Ritchie made during the counselling sessions should be admissible at next year's trial.

Crown Prosecutor Glen Cash said the notes were found after a search warrant was executed on May 11, 2012, at the premises where the counsellor worked.

"Mrs Baden-Clay is deceased. Mr Baden-Clay is on trial for her murder and he wishes the evidence to be admitted at the trial," he said.

"It can not be said that the potential harm outweighs the interests in admitting the evidence in these criminal proceedings."

Baden-Clay's barrister Michael Byrne said the public interest would be better served if the counsellor gave evidence and Justice James Douglas tended to agree.

"A person is on trail for the most serious crime should be able to call evidence," Justice Douglas said.

"To try to say it is actually in the public interest not to, I find very odd."

Justice James Douglas said he would consider the matter.

The trail is expected to begin in June next year.

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