Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #6

[Fluffykins]

Correct again. But, the accused is able to sue those who have defamed him, even on places like this.

I called him a disgusting specimen. Good luck to him with suing a floofy white cat.

 

[SouthAussie]

Has the audio portion of his conversation with his Dad been released? It struck me as super odd how many times he felt he had to tell Dad he didn't push or throw her.

Here we have this treasure trove recording and it seems like the prosecution is ignoring so much of it. He actually threatened to toss her over the balcony and then she actually winds up over the balcony.

Sorry to be stressing what is very old news to you all. I have been following so many stateside cases. I never knew there was a recording in this case.

I'm fascinated and horrified equally. He makes my skin crawl something awful.

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No. I don't believe so. Just portions are allowed to be published atm, I believe.

A lot of people have the audio file though. Tostee, in his wisdom, shared it on a bodybuilding forum some time ago. I believe it has since been taken down by the forum admin. Many of us have heard it.

I heard on TV news that the jury heard the whole thing though.


ETA: There has always been speculation that the audio, found by police, was edited by Tostee. This is because they could tell that what they found was not the original file. At the time, a long time ago, they hadn't found the original file ... but they were looking for it. Makes me wonder which version the jury have heard, We have never heard whether police found the original file or not, not since the initial mentions about it.

 

[Dogface]

It is possible, too, that he had his paw tightly clamped over her mouth and nose as he was roughing her up. That would have caused the obvious struggle in her breathing, and added to her evident great fear of him.
It is another form of asphyxiation that can lead to the gurgling sounds as she tried to breathe out of any crevice she could suck air in and out through, as she also struggled to free herself from his clutches.

There is a term for a manner of asphyxiation and I cannot remember what it is called for the life of me...it's something like blurping or burking...but basically someone applied weight to the chest region and covers the mouth and nose, it leaves little evidence. Someone who has had their coffee for the day please chip in and help me remember!

 

[ninij9]

There is a term for a manner of asphyxiation and I cannot remember what it is called for the life of me...it's something like blurping or burking...but basically someone applied weight to the chest region and covers the mouth and nose, it leaves little evidence. Someone who has had their coffee for the day please chip in and help me remember!

Compressive asphyxia.
I wonder though, the extreme trauma of her remains due to a 14 story fall could conveniently make this difficult to diagnose during autopsy?

I am very stunned by his repeated fixation on the balcony that evening. Discussing life after death and including a scenario that if he were to go over balcony it would be the end... His recorded threat to her that he could have tossed her over balcony. He repeated statements to dad that he Didn't push her...perhaps he intended to do harm to her and was thinking a chuck over the balcony would hide all sorts of trauma.
MOO


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[Fluffykins]

There is a term for a manner of asphyxiation and I cannot remember what it is called for the life of me...it's something like blurping or burking...but basically someone applied weight to the chest region and covers the mouth and nose, it leaves little evidence. Someone who has had their coffee for the day please chip in and help me remember!

Yes it is burking:

verb (used with object), burked, burking.
1. to murder, as by suffocation, so as to leave no or few marks of violence.

http://www.dictionary.com/browse/burke

 

[SouthAussie]

Compressive asphyxia.
I wonder though, the extreme trauma of her remains due to a 14 story fall could conveniently make this difficult to diagnose during autopsy?

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Her injuries were certainly horrific, when you read the details. Including severe head injuries. I think those types of injuries could mask all manner of things.

They had to take her alcohol reading from her eye fluid, due to the massive blood loss, I think.

 

[JCB]

For the legal buffs out there, another option available to the defence along with a no case to answer submission is to request what is commonly referred to as a Prasad Direction.

For a no case submission to be successful, the presiding Magistrate or Judge must be of the opinion that, even taken at it's absolute strongest, the evidence presented by the prosecution is insufficient to prove guilt. You can obviously then infer that a very weak Crown case may still be put to a jury and this is where a Prasad Direction can be useful. A PD is, at it's simplest, an invitation by the Judge to the jury to enter a verdict of not guilty without hearing from any defence witnesses or indeed knowing if they intend to call any witnesses. The jury also has to option to enter a verdict of not guilty once the defence case has commenced. It is not a binding request as is the case with a no case submission, but the option is historically taken up by most juries.

Not a submission that is commonly made or granted, but not beyond the realms of possibility here.

 

[Dogface]

Yes it is burking:

verb (used with object), burked, burking.
1. to murder, as by suffocation, so as to leave no or few marks of violence.

http://www.dictionary.com/browse/burke

Thank you! And as your quote shows, it leaves little to no marks. It was used back in the day to acquire cadavers to sell to med schools as there were no indications that the cadaver had in fact been murdered.

Another thing that makes me question the blood evidence...I have been hit with a small pebble, after it was flung out of a lawn mower, and it hit me hard enough to draw blood, but, it left a bruise and welp that were very noticeable. I feel if he had been struck with these items(rocks, telescope/stand) with any amount of force, there would be clear evidence pointing to what exactly he was hit with and the marks would be fresh, and easily recognizable.

 

[Dogface]

I'm thinking I may have hubby bring home a small smooth pebble/rock from his aquarium at his office today, and see if I can convince him to throw it at my leg to see how hard a rock would have to be thrown to hurt or leave a mark. The scientist in me wants to qualify the force required, and it's winter time here, no worry about a bruise as I am wearing pants LOL.

 

[Fluffykins]

Thank you! And as your quote shows, it leaves little to no marks. It was used back in the day to acquire cadavers to sell to med schools as there were no indications that the cadaver had in fact been murdered.

Another thing that makes me question the blood evidence...I have been hit with a small pebble, after it was flung out of a lawn mower, and it hit me hard enough to draw blood, but, it left a bruise and welp that were very noticeable. I feel if he had been struck with these items(rocks, telescope/stand) with any amount of force, there would be clear evidence pointing to what exactly he was hit with and the marks would be fresh, and easily recognizable.

You're welcome! I read about the Burke and Hare murders some years ago, and your post rang a bell.

Absolutely agree that there's no evidence whatever that he suffered any injuries inflicted by Warriena. And therefore no justification for the argument put forward by his apologists that he was justified in wrestling her out onto the balcony and locking her out as he did.

 

[Ooohm]

I would like to take a moment to pay my sincere respects to the Wright Family for the loss of their beautiful, sparky, and kind Warriena. May she Rest in Peace.

 

[Fluffykins]

Her injuries were certainly horrific, when you read the details. Including severe head injuries. I think those types of injuries could mask all manner of things.

They had to take her alcohol reading from her eye fluid, due to the massive blood loss, I think.

I seem to recall reading that it was because her blood was contaminated, and I vaguely wondered why or how it would be contaminated but didn't follow through. If no-one else sheds any light on it in the meantime, I'll get back to it tomorrow.

I agree the severity of her injuries could potentially mask just about anything. I remember reading that the 9/11 victims who fell from the upper levels - around the 90th floor - would have taken about 10 seconds to fall ... so at least in falling from the 14th floor, it would have been very quick for her. Small consolation though.

 

[Tortoise]

Put me down for guilty.

I know what it would take for me to go over a balcony 14 storeys up. And I heard the choking noises she was making in the flat, and her pleas of sheer terror.

 

[Sillybilly]

I assume you mean Simpson. Sorry, this is Queensland, not America.

Wrongful death suit on the balance of probabilities, includes Australia and specifically Queensland:

from Chapter 2:
http://www.qlrc.qld.gov.au/__data/assets/pdf_file/0004/372937/wp56.pdf

3.

PERSONS WHO MAY BRING AN ACTION

In Queensland, the wrongful death legislation provides that a claim for damages may

be brought by the executor or administrator of the deceased’s estate.19 If there is no

executor or administrator, or if no action is brought by the executor or administrator

within six months after the death of the deceased, an action may be brought by and

in the name of any person for whose benefit such an action could have been

commenced.

hth

 

[ninij9]

Intruducing My 20 year old med student daughter (not saying she's qualified, just objective), knows nothing of this case, lives here in New York and often thinks I'm bonkers for always being on WS. She is sexually active, drinks and I don't even want to know if she ever went on a blind date. Anyway,

I played the audio for her with ZERO instruction, only stating it was part of a case.
She mistakenly thought it was a rape Cass lawsuit, and declared omg he's choking the $h*t out if her. When she heard her screams she said "Oh mommy is he going to shoot her?" Turn it off".

Then I told her about the case.

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[PainExpress]

I addressed this already. He didn't punch, hit or kick her. He apparently didn't choke her (according to the pathologist). He wrestled her outside and closed and locked the door. It doesn't matter where she was locked out, or what he said. The suggestion is that he used force that was reasonably necessary to make an effectual defence. He locked her outside to stop the rock throwing. Put her away from the rocks and telescope.. pretty simply stuff.

Read the actual law and my post very carefully, because it pretty much answers the question. If you're 'speculating' about 'possibilities' the evidence might suggest you're already in acquittal territory. If it's arguable either way, you're in acquittal territory.

Even the most vengeful person must be looking at this evidence and having doubts about what exactly occurred.

You only need one single person on the jury and he's free.

He'll never be 'free'

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[PainExpress]

Intruducing My 20 year old med student daughter (not saying she's qualified, just objective), knows nothing of this case, lives here in New York and often thinks I'm bonkers for always being on WS. She is sexually active, drinks and I don't even want to know if she ever went on a blind date. Anyway,

I played the audio for her with ZERO instruction, only stating it was part of a case.
She mistakenly thought it was a rape Cass lawsuit, and declared omg he's choking the $h*t out if her. When she heard her screams she said "Oh mommy is he going to shoot her?" Turn it off".

Then I told her about the case.

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I just got chills

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[Winnts]

I can't seem to locate the full audio recording on Google. Does anyone have a link to the full 3 hour recording?

 

[Hunnydolll]

Hi everyone...haven't posted in a very long time. Just started reading about this case.

Is there a place where I can list to the full audio recording? I have heard some clips here and there but would be great to get better context to hear it all at once.

I have also read the transcript.

Thanks!

 

[Hunnydolll]

I am sure this has been mentioned before, but I'm trying to read through the threads as much as possible.

It sounds like she has something stuffed into her mouth (as well as the choking sounds). Or maybe mouth taped/gagged? Just speculating....what are some thoughts on that?

IMO