What I find puzzling is that GBC’s defence doesn’t seem to be disputing that the counsellor be allowed to give evidence. “Mr Baden-Clay’s defence barrister, whose name is also Michael Byrne, said the counsellor’s evidence was clearly admissible.” (Brisbane Times.)
My understanding is that the Judge is concerned that if GBC is found guilty at trial, and the counsellor’s testimony is seen as having contributed to the verdict, GBC can request a retrial. Perhaps this is the real issue? The courts clearly want the matter sorted out one way or other before it proceeds to trial. Personally, if this matter delays his trial, that really amounts to more time for GBC to await his fate. I’m not so sure that that is such a bad thing in the long term scheme of things.