He/she has provided very logical responses from a legal point of view to help understand how the correct decision based on the evidence was not guilty. There is no place for emotions when examining the evidence at hand in order to come to a rational conclusion. Display of emotion appears to have...
Hit the nail on the head. Taking the view of examining only the evidence as presented in Court appears to be heavily frowned upon on this forum, to the point where you are vilified.
That is still your reasonable doubt. It is common ground that Tostee was assaulted with a metal clamp. So, was the force Tostee used to place her on the balcony proportionate to a potentially lethal stirke?
You cannot say definitively that she was choked or was not choked. The pathologist found no evidence of choking. That is your reasonable doubt. The onus is not on Tostee to prove his innocence.
This trial is getting completely out of control. Any guilty verdict is going to be quashed on appeal. He cannot be found guilty based on the evidence before the court.
If you are referring to the choking noises that is still pure speculation. There is no evidence on Warrina's body that indicates she was choked. As such, based on the evidence, the force used to remove her to the balcony was reasonable. You cannot say beyond reasonable doubt that she was choked...
It is not for the Jury to decide whether or not the Prosecution 'could have' built a better case. They are there to come to a decision based on the evidence that WAS presented. Not what you want to be presented.
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