Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #4

[Think_Harder_Please]

he can ring his Lawyer but not 000?

what would be the point? Can anyone survive a 14 storey fall? The clear answer is no.

 

[Think_Harder_Please]

Let's face it, every action Tostee took that night ... from the moment he assaulted Warriena, to the moment he dragged her out to the balcony, to the moment he snuck down to the basement and fled, to the moment he hid in a car with his father ... was completely unacceptable.

And so were the actions of the deceased in so many ways.

http://www.lawstuff.org.au/nsw_law/topics/parties

NSW law is not applicable to QLd. that isnt even a proper legal .nsw.au website.

I cannot find anything that says you should neglect to call 000, run away, make sure your hunger and anxiety is satiated, hide in a car from police, and call your lawyer, if someone has 'fallen' from your balcony.

Likewise there is no law that say you must do it either.

 

[emirates1957]

I have a son who is nearly the same age as Tostee, fortunately he has never had a run in with LE - and has the utmost respect for them. I remember the QLD police were pivotal in the Baden Clay case and left no stone unturned. As for keeping a low profile, I don't think so - if I was not guilty I would head for the nearest police station. Maybe GT is just a little too well known in those circles. Just my thoughts only.

 

[Think_Harder_Please]

According to court documents presented at his first bail application, and the charges heard by Magistrate Kerry Magee in October, Tostee is alleged to have driven his car in a police chase at 3am on July 27 this year while having a blood alcohol level of .203 - five times over the limit.

.203 is 4 times over the limit, not 5. So much for media accuracy.

He is also charged with assaulting or obstructing police in an alleged incident at around 2.35am on January 27 this year in which a 'heavily intoxicated' Tostee is alleged to have kicked out at a sergeant and told a constable to 'f*** off c***'.

<modsnip>

Tostee was also charged with breaching bail conditions that had been imposed after the January incident.

Read more: http://www.dailymail.co.uk/news/art...ged-murder-Warriena-Wright.html#ixzz3M6ZnYFtL

again these are charges (allegations), no convictions have been made. Nothing withstanding, these misdemeanours are unrelated to the act of murder. <modsnip>

 

[sosocurious]

I believe most people would instinctively phone 000.
Given it is the number you ring for any emergency in this country.

I cannot imagine many would phone their lawyer. Unless of course ....................

 

[Amee]

Which brings up another point of question:
Was there any investigation into the making of the alcohol? (White Spirit Vodka)

You can own a still under a certain capacity (5Ltrs) - but it is illegal to distil and make alcohol (Spirits) with it regardless of the size of the still.
There is also a broad definition of stills and alcohol producing equipment - also safety laws to consider here.

Just a question: Was the home brew GT made and gave to Rrie a consideration in the way the night progressed and ended?
I would say yes (IMHO).

What was the alcohol % in that brew, and has it been looked at to see if it was made properly? It can be poisonous if not made correctly.

atolaw




ABC News Article - Read More...


Australian Federal Government


http://law.ato.gov.au/atolaw/view.htm?locid='PAC/19010009/77FK'&PiT=99991231235958#77FK
http://homedistiller.org/intro/legal

According to the court documents, forensic police are still analysing the illegal still which is believed to be the source of the home made vodka referred to in the recording of the alleged conversation between Mr Tostee and Ms Wright.

Read more: http://www.dailymail.co.uk/news/art...ble-Tostee-s-arrest-murder.html#ixzz3MDYqmtiV

 

[Think_Harder_Please]

THP.... JMO but that is a really disturbing thing to say. What would be the point? Are you serious?? Geez, I dunno... if you yourself met the same shocking fate as Wrie - would you like someone to attend to your body with dignity or be left in an unthinkable state for all & sundry to see? 'The situation' called for the urgent presence of emergency services - regardless of whether this beautiful young lady had survived or not. I almost feel sick in the stomach that someone could rationalize otherwise.

Understand your point, but GT I believe is unsure what has happened when he sees she is not on the balcony. The sortie downstairs is to confirm the unthinkable has happened. When that sinks in, the instinct of self preservation cuts in - facing a murder charge takes precendence over "having a body attended to". Think about it, just put yourself in his position - thats a pretty heavy burden to have to face, ie being in wrongly charged and held in a jail for 20 years for something you did not do.

 

[drsleuth]

.203 is 4 times over the limit, not 5. So much for media accuracy.


4 or 5 times over the limit, whatever!!!

BOTH are high range. I've seen so many tragedies from "drunk drivers". So many lives destroyed. So many lives ended by someone else's stupid, irresponsible choices.

We all have choices, shame Gable didn't choose may good ones. Such a selfish act to drive when obviously so out of control.

Shame he hasn't been able to learn from his choices in the past ...........

 

[sleepinoz]

And so were the actions of the deceased in so many ways.


NSW law is not applicable to QLd. that isnt even a proper legal .nsw.au website.


Likewise there is no law that say you must do it either.

BBM - Actually it is required by law in Queensland - it would be a reportable death under the Coroners Act 2003.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CoronersA03.pdf

IMO - If he thought she could possibly be alive he should have called 000 - If he thought she was dead he still had a legal obligation to report it.

Legality aside - he definately had a moral obligation to report to someone IMO.

 

[sosocurious]

Understand your point, but GT I believe is unsure what has happened when he sees she is not on the balcony. The sortie downstairs is to confirm the unthinkable has happened. When that sinks in, the instinct of self preservation cuts in - facing a murder charge takes precendence over "having a body attended to". Think about it, just put yourself in his position - thats a pretty heavy burden to have to face, ie being in wrongly charged and held in a jail for 20 years for something you did not do.

He rang his lawyer before he went downstairs.
Evidently before he knew if R'rie had fallen or climbed onto another balcony.

 

[drsleuth]

So, Think_Harder_Please ( which is what we have been doing here for many months ;-) ) Hypothetically:

If Warrriena was your sister:

Would you be completely OK with the actions Gable that night??

Would be OK with him not even checking on your sister?

Would you want to know why 000 wasn't called?

What would you think of him calling a lawyer in the first seconds without even knowing what had happened?

Would you be happy if he strolled down town to get a pizza, casually calls his father, whilst evading the police & remains cool as a cucumber?

Would you be happy if you sister was secretly taped, whilst being plied with alcohol?

 

[Amee]

Court documents filed by prosecutors in the Supreme Court in Brisbane have revealed the criminal history of 28-year-old Gable Tostee, who is in custody after being charged with the August 8 murder of New Zealander Warriena Wright.

They detail how he has two outstanding charges against him, both relating to an incident on the Gold Coast on January 27 this year.

Tostee was also charged with breaching bail conditions that had been imposed after the January incident.

http://www.news.com.au/national/gab...-warriena-wright/story-fncynjr2-1227057520144

Jan 12 is next court date we will hear more then. Hopefully Kate or David will be there tweeting :moo:

 

[Amee]

But ask around in the bars and clubs of the Gold Coast and you might hear a different story. 3rd Degree talked to a lot of bouncers and club managers about Tostee and his reputation, and he did have one &#8211; a bad one.

Read more: http://www.3news.co.nz/tvshows/3rd-...hlights-tinder-risks-2014101520#ixzz3MDglCKSU

 

[Camp Chair]

Understand your point, but GT I believe is unsure what has happened when he sees she is not on the balcony. The sortie downstairs is to confirm the unthinkable has happened. When that sinks in, the instinct of self preservation cuts in - facing a murder charge takes precendence over "having a body attended to". Think about it, just put yourself in his position - thats a pretty heavy burden to have to face, ie being in wrongly charged and held in a jail for 20 years for something you did not do.

In short, no. I don't believe any decent person would think that way unless they had done something wrong. Running away from something you didn't do? That would make you look guilty of something. When I think about it, I would be more worried that this person was visiting from NZ and now laying lifeless all alone. I'd be thinking that there would be family that needed to be contacted & immediately give the Police her phone/bag. Finally I would sit beside her body until instructed to move. I would give my full details to Police & feel a duty of care for her until family arrived. Being the last person their living daughter, sister, friend was with - I'm sure her family would want to meet me. I would want to meet them. That's what I would do THP & I hope someone would do that for me.

 

[drsleuth]

In short, no. I don't believe any decent person would think that way unless they had done something wrong. Running away from something you didn't do? That would make you look guilty of something. When I think about it, I would be more worried that this person was visiting from NZ and now laying lifeless all alone. I'd be thinking that there would be family that needed to be contacted & immediately give the Police her phone/bag. Finally I would sit beside her body until instructed to move. I would give my full details to Police & feel a duty of care for her until family arrived. Being the last person their living daughter, sister, friend was with - I'm sure her family would want to meet me. I would want to meet them. That's what I would do THP & I hope someone would do that for me.

I think that is what most descent caring humans would do. :cheers:

 

[Ausgirl]

what would be the point? Can anyone survive a 14 storey fall? The clear answer is no.

^ And this *precisely* why his claims that he didn't know what had happened to her make no sense at all.

When you apply logic to this, without an agenda fuelling the effort, it isn't hard to see Tostee as culpable. It's perfectly logical, given his illegal and violent behaviours towards his victim.

....and clearly a liar, as well.

And I certainly have looked for the possibility he is innocent -- I just did not find it.

 

[Think_Harder_Please]

Although you consider it a side-issue, it can be considered here. (JMO)
It has context relevant to the case as an avenue of inquiry in investigation if found it is relevant to the Events of Consequence, and the autopsy and the toxicology reports in regard to Warriena Tagpuno Wright, and possibly to TG.

Its a side issue. Done and dusted.
1. yes he had a still (guilty)
2. yes he plied the deceased with it for the purposes of enabling "fun times.(guilty) Its standard operating procedure in million of niteclubs world wide and love nests.

So, whats the issue? An intention to get a woman drunk does not equate to an intention to murder her.

 

[sleepinoz]

Its a side issue. Done and dusted.
1. yes he had a still (guilty)
2. yes he plied the deceased with it for the purposes of enabling "fun times.(guilty) Its standard operating procedure in million of niteclubs world wide and love nests.

So, whats the issue? An intention to get a woman drunk does not equate to an intention to murder her.

Probably not, but it does add to his culpability in regard to her death.

 

[Amee]

Female: &#8220;Get it for me. Male: &#8220;No, you get it.&#8221; Female: &#8220;I am going to call the police.&#8221;

1.37.30am: Repeats she is going to call the police.

1.38am: Male: &#8220;Cmon Cletus.&#8221;

1.38.30am: Female: &#8220;I am going to call the police.&#8221; Male: &#8220;What are you looking for? Where is my money. How are you going to call the police without your phone?&#8221;

Female: &#8220;You stole my (expletive) phone.&#8221; Male: &#8220;I should have never given you so much to drink. I thought that we were going to have fun?&#8221;

http://www.goldcoastbulletin.com.au...leged-recordings/story-fnje8bkv-1227053364751

if only Rrie had her phone and called police :cry:

 

[Amee]

Nov 19th

Prosecutors are determined to pursue a charge of murder despite a judge previously describing their case as weak, the Gold Coast Bulletin reports.

The court ruled that Mr Tostee be released until his impending murder trial, which is likely to take place in 2016 at the earliest.

Tostee's case will return to the Southport Magistrates Court on January 12.

He is also facing other charges including obstructing police, creating a public nuisance and driving offences unrelated to Ms Wright's death.

http://www.brisbanetimes.com.au/que...l-but-banned-from-tinder-20141119-11po6s.html

https://au.news.yahoo.com/qld/a/25551399/tostee-free-on-bail-but-cant-use-tinder/