Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #8

[possumheart]

It's difficult to answer that without knowing the context of the legal argument this morning but for whatever reason, Justice Byrne saw it fit to exclude Gable's conduct after Warriena fell as being relevant. I can't give you the reason for that decision (or even if it was the subject of this morning discussions) but it's quite common for a jury to be told that evidence that they have previously seen or heard must not be considered. Prior evidence can be tainted by subsequent evidence etc.

I find that notion ridiculous! It's impossible to disregard a piece of a puzzle that has been put before you. Not all humans can compartmentalise the way that sociopaths do.

 

[Puja]

I am actually heartened by the jury's questions. Even if they don't convict, it's clear they are trying to take their job seriously.

 

[Makara]

'Sleuthing'.....and because I am aware of criminal justice procedures, the Jury was shown that CCTV footage with him carrying that object. If they were not......it is 'Good Night, mis-trial, Jury disharged,' and Tostee walks. It will then be for the Crown to decide if they want a re trial.

OK, you've answered me three times. Thank you. It was also pointed out to me up thread that the CCTV footage was presented in court. I've since replied to that post.

 

[possumheart]

OK, you've answered me three times. Thank you. It was also pointed out to me up thread that the CCTV footage was presented in court. I've since replied to that post.

Silence is lovely.

 

[Makara]

Silence is lovely.

Ah Poss, I was just hoping for a sensible conversation for once without the smartarsery.

 

[SouthAussie]

It's difficult to answer that without knowing the context of the legal argument this morning but for whatever reason, Justice Byrne saw it fit to exclude Gable's conduct after Warriena fell as being relevant. I can't give you the reason for that decision (or even if it was the subject of this morning discussions) but it's quite common for a jury to be told that evidence that they have previously seen or heard must not be considered. Prior evidence can be tainted by subsequent evidence etc.

Well, if I was Warriena's family I would try to find a top lawyer who wanted to work pro bono, or raise a whole bunch of money via crowd funding and pay him/her, and see if I could push this to an appeal (if he walks). Because it is absurd that they cannot consider all the evidence.

In Gittany's trial, the judge considered ALL the evidence, and gave a 5 hour verdict to answer it all ... so it could not successfully go to appeal.

 

[SouthAussie]

'Sleuthing'.....and because I am aware of criminal justice procedures, the Jury was shown that CCTV footage with him carrying that object. If they were not......it is 'Good Night, mis-trial, Jury disharged,' and Tostee walks. It will then be for the Crown to decide if they want a re trial.

'Linking' is good, too.

 

[possumheart]

Ah Poss, I was just hoping for a sensible conversation for once without the smartarsery.

Well, I, for one, don't think the jurors are watching here. I stayed down the Goldie not long after this happened and the place was buzzing with talk bout this case from a tourism risk-management point of view. The Corporate Bodies of these apartment buildings don't want **** like this happening. Not surprisingly they know the nightclub and dating scene well. They have to cope with schoolies, domestic violence, all shape and manner of things in their every day working lives. I'm hoping they are just a smart bunch. Probably haven't pickled half of their IQs.

 

[Elde Fruit]

I find that notion ridiculous! It's impossible to disregard a piece of a puzzle that has been put before you. Not all humans can compartmentalise the way that sociopaths do.

Notwithstanding that you find it 'ridiculous, the Jury is duty bound to act within the instructions of the Trial Judge. They are not free to go on wild speculative excursions of their own outside the evidence presented at the Trial, and those instructions. If the Crown has lead evidence which leaves gaps, it is not for the Jury to fill them. That would be speculation.

 

[Fluffykins]

Think of Warriena as someone's daughter, someone's sister, someone's cousin, and someone's future aunt—and pray in your own way that the jurors have not dehumanised her the same way that the Justice System has. I have faith in the jurors tonight.

I hope your faith is justified, Poss. There is so much empathy for Warriena on this forum, and I can't believe the jury would not feel it too.

 

[possumheart]

I hope your faith is justified, Poss. There is so much empathy for Warriena on this forum, and I can't believe the jury would not feel it too.

Fluffykins cuddle

 

[Bohemian]

Ah Poss, I was just hoping for a sensible conversation for once without the smartarsery.

Makes me look like a pussycat (albeit most of the time from behind) in comparison; yes? :cat:

 

[Ausgirl]

maybe they are seeking clarification as to whether the item is pertinent to parts of the tape.. if that makes sense?

jcb - just nudging you on this

 

[Freya1977]

Thanks Soso. I remember the tweets about CCTV showing Tostee leaving the lift but they didn't include anything about him having something in his hand. It wasn't clear as to what footage the court was shown.

Pretty surprising that they picked that up from viewing the footage in court one time, I'd have thought! I didn't notice till it was screenshot and enlarged here.

 

[shultz]

I think the jury would like to convict but realise they can't actually do it. That's why they're asking silly questions.

 

[NatalieJones]

Sorry to ask but I can't find it. Could someone please direct me to the footage/photo of Tostee with the mystery object in his hand.

 

[possumheart]

Sorry to ask but I can't find it. Could someone please direct me to the footage/photo of Tostee with the mystery object in his hand.

Last thread.

 

[Makara]

Gable Tostee jury seeks more answers
OCTOBER 17, 20165:46PM

Addressing jurors on a range of arguments that arose at trial, Justice John Byrne urged them not to consider Tostee’s conduct after Wright fatally plunged from his balcony as any indicator of guilt.

CCTV footage shown to the jury in the trial last week showed Tostee leaving his apartment building by the basement carpark, so as to avoid emergency services who had raced to the scene, in the early hours of August 8, 2014.

The above is more to the point in regard to the jury being instructed to ignore Tostee's actions after Warriena's death. The judge didn't instruct the jury to do that at all. Justice Byrne urged the jury not to consider Tostee's failure to call OOO, calling his lawyer, slinking around in the carpark and waddling off to order pizza was not indicative of guilt. It was more likely shock that caused this weird behaviour. (Yeah, right!). Justice Byrne did not at any time tell the jury to ignore what was in the CCTV footage.

Thank Christ for that!

 

[Fluffykins]

Fluffykins cuddle

:hug: .... :grouphug: .... :smooch: !!!

 

[Makara]

Makes me look like a pussycat (albeit most of the time from behind) in comparison; yes? :cat:

:floorlaugh: