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

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  • #261
  • #262
Sir, that is completely incorrect. He was the first witness called by the Defence, and that is what is required. If an accused decides they will get in the Box, they go first before any other Defence witnesses.

BBM: It is not an actual legal requirement though, is it? More like a strategic choice ... for the defendant to be the first witness called by the defence, if they are going to take the stand.


The general rule is that counsel calling a witness for examination is entitled to determine the order in which the witnesses are called. This has different consequences in practice, depending on whether the trial is on evidence given orally or on evidence given by affidavit.

https://www.judcom.nsw.gov.au/publications/benchbks/civil/trial_procedure.html#p2-7370
 
  • #263
Gabe loves recording and uploading his conquests. So I can't see any reason why he wouldn't want to present himself centre-stage on the stand...other than to avoid an unflattering courtroom sketch.
 
  • #264
BBM: It is not an actual legal requirement though, is it? More like a strategic choice ... for the defendant to be the first witness called by the defence, if they are going to take the stand.


The general rule is that counsel calling a witness for examination is entitled to determine the order in which the witnesses are called. This has different consequences in practice, depending on whether the trial is on evidence given orally or on evidence given by affidavit.

https://www.judcom.nsw.gov.au/publications/benchbks/civil/trial_procedure.html#p2-7370

It is the convention. If the accused does not go first, they'd have to leave the Court Room while others gave their evidence. I've never seen it happen.

PS......Can someone tell me ....step by step.....how I add a signature to my profile so I can comply with what sillybilly has required of me?
 
  • #265
So if you were a juror what things would jump out at you?
For me these, for starters:
How drunk Warriena was compared to Tostee
The number of times he referenced and the way he talked about, the importance, of the idea of the balcony
How quickly her aggravation with him and his annoyance with her turned to his raging at her and her terror
The nature of his threats to her
Elements of cat and mouse---should you stay or should you go, where is the phone, his silence on the recording when he is doing something to her but describing/relaying what she is doing to him
His eating the pizza after witnessing the traumatic end of someone's life, someone (speaking in the parlance of a gentleman, natch) he "made love to"
 
  • #266
It is the convention. If the accused does not go first, they'd have to leave the Court Room while others gave their evidence. I've never seen it happen.

PS......Can someone tell me ....step by step.....how I add a signature to my profile so I can comply with what sillybilly has required of me?

I don't believe you can claim to be a retired lawyer in your signature line unless you are verified. :dunno:

Or maybe you can be, but it will not mean anything unless it is verified by the mods.

You should PM a mod and ask them. imo
 
  • #267
Gabe loves recording and uploading his conquests. So I can't see any reason why he wouldn't want to present himself centre-stage on the stand...other than to avoid an unflattering courtroom sketch.

I am not so sure. He cant rehearse it, ( except his defence barrister questions ) .. he cannot prepare for the Crown prosecutors invasive and savage questions.. it is terribly real, not like web stuff.. there is no switch he can turn off..

I want him to, desperately.... I would like him cross examined by a woman crown prosecutor, for preference.. There is nothing I like better than watching a murderer take the witness stand.... Gabe is on the low level of smart and cunning, but I bet he could bung on a performance until he cracks up and breaks down, but I like watching that, too..
 
  • #268
It is the convention. If the accused does not go first, they'd have to leave the Court Room while others gave their evidence. I've never seen it happen.

PS......Can someone tell me ....step by step.....how I add a signature to my profile so I can comply with what sillybilly has required of me?

There is no mention of adding a signature in Sillybilly's post to you.

If you do not wish to be verified, then all your comments stated as fact without supporting links must be stated as your OPINION only, otherwise they will be treated as rumor and subject to removal.
 
  • #269
I don't believe you can claim to be a retired lawyer in your signature line unless you are verified. :dunno:

I don't intend to. It is the last thing I want attention drawn to. I'll have a signature which covers all my posts as being just opinion, not fact. That deals with that. Simple. But................I cannot find where/how to add a signature or even an avatar.
 
  • #270
Indeed, but the concept is the same. It is about what might be reasonably expected for a person to say coming out of an event like alleged rape. Lack of recent complaint in a rape accusation has quite some relevance. So, here we have Tostee, at the first available opportunity, declaring his innocence as would be quite natural for, and expected of, someone who was innocent.

I don't feel like declaring your innocence in this instance would be natural to a person feeling no blame. I would think you would call for help straight away. Wouldn't you declare innocence if asked the question, not offer it, as surely it wouldn't cross your mind if you were in no way involved or to blame. I would expect to hear things like 'I don't know how this happened' or 'she just fell/jumped/slipped'.
Calling your lawyer, going for a stroll, calling your dad and eating pizza does not seem like the actions of someone who just witnessed an awful accident.
All my opinion of course.


Sent from my iPhone using Tapatalk
 
  • #271
It is the convention. If the accused does not go first, they'd have to leave the Court Room while others gave their evidence. I've never seen it happen.

PS......Can someone tell me ....step by step.....how I add a signature to my profile so I can comply with what sillybilly has required of me?

look.. don't worry about, I honestly don't think it will , shall we say, improve the impact you already have.. it would be a waste of time, really.. . it's not as if you are 'pronouncing judgements, ' or ' presenting evidence;' or ' promulgating a point of law,' .... you cant present an account for services rendered here.. its only a blog, for petes sake,, you are not actually in the jurors seat, or at the defence barristers table, you are merely blogging.. . lets face it..
 
  • #272
Also Fruit dont forget to add MSM links :moo:
 
  • #273
  • #274
She just said to state certain things as your opinion.

So simply put Jmo after your posts. Jmo means just my opinion.

But if you are discussing basic law facts of how the system works; Then you don't have to put jmo.

Now if you are personally involved with this particular case. And want your personal statements that you provide from being affiliated with this particular case. Then you have to become a verified insider or provide a msm link.

So in all honesty. A signature is not needed.

But if you want a signature. Then I think you would click on your name and then go to settings or something.

Anyways. You are doing great. And you are keeping us awake.

So simply put jmo after your comments and don't get into back and forth arguments with those you disagree with.

This way you will avoid getting a time out (forced vacation) from the site.

Jmo

Well, you have a signature. How do you get to add it. I've hit on my profile and there are no options presented for an avatar or signature. So.......I have no idea. This place runs on software I am unfamiliar with.

JMO. :)
 
  • #275
  • #276
Well, you have a signature. How do you get to add it. I've hit on my profile and there are no options presented for an avatar or signature. So.......I have no idea. This place runs on software I am unfamiliar with.

JMO. :)

It's simple. Go to the top of this page on the right hand side and click settings which should be near your name at the top right of this page.

Then go to the top left side after you click settings and you should see the option to edit your profile and add signatures and profile pictures.
 
  • #277
  • #278
you know, when some one.. someone I 've just had rough sex with falls 14 floors off my balcony, the first thing I would do would be go out a dodgy way from my apartment, and then stroll around for a while, stretch a bit.. sight see, feel the night breeze, then , naturally, get a slice of pizza, and sit down properly , like a civilised human and eat it, then .. oh. ring dad, maybe, yea.. I 'd ring dad... .
 
  • #279
Sleep do you hear his voice or Warrienas screams?

Ive listened to them once and cant do it again

No it's all CCTV without Audio - only the reporters voice.
 
  • #280
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