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

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  • #181
how odd that Gabe tells his father, ' um. we had sex.. in the bed , and then.. '.. he is very careful to say, in the bed.. why?..

I think it is an attempt at sounding just normal, gentlemanly even. It has bothered me that he had to paint that picture.
 
  • #182
One thing is pretty clear - Tostee was NOT suffering any kind of significant injury. If Warriena had clocked him with the bracket, would he not have some kind of contusion? No mention of a contusion, just a minor abrasion near his hairline that could have been caused by any number of activities, and not necessarily an assault.

The lack of clear and present DNA belonging to Warriena on the bracket also throws this claim into doubt. If she'd gripped it to hit him with, there ought to be several points of contact showing her DNA, surely, and finger or palm prints, being that it's a smooth metallic surface. But... nope.

Compare to little rocks, where both DNA profiles are clearly present. To grip a heavy object and swing it requires, one would think, more physical contact to the surface than a tiny rock, so there ought to be more and not less DNA evident.

I do wonder what "too complex" means there. I hope they recall this witness to explain. Hopefully the bracket was not contaminated by whoever rejoined it to the telescope, as it seems a pretty important piece of evidence.
 
  • #183
One thing is pretty clear - Tostee was NOT suffering any kind of significant injury. If Warriena had clocked him with the bracket, would he not have some kind of contusion? No mention of a contusion, just a minor abrasion near his hairline that could have been caused by any number of activities, and not necessarily an assault.

The lack of clear and present DNA belonging to Warriena on the bracket also throws this claim into doubt. If she'd gripped it to hit him with, there ought to be several points of contact showing her DNA, surely, and finger or palm prints, being that it's a smooth metallic surface. But... nope.

Compare to little rocks, where both DNA profiles are clearly present. To grip a heavy object and swing it requires, one would think, more physical contact to the surface than a tiny rock, so there ought to be more and not less DNA evident.

I do wonder what "too complex" means there. I hope they recall this witness to explain. Hopefully the bracket was not contaminated by whoever rejoined it to the telescope, as it seems a pretty important piece of evidence.

BBM. Exactly! If Tostee had any significant injuries, they would have been photographed and presented in court as evidence.
 
  • #184
One thing is pretty clear - Tostee was NOT suffering any kind of significant injury. If Warriena had clocked him with the bracket, would he not have some kind of contusion? No mention of a contusion, just a minor abrasion near his hairline that could have been caused by any number of activities, and not necessarily an assault.

The lack of clear and present DNA belonging to Warriena on the bracket also throws this claim into doubt. If she'd gripped it to hit him with, there ought to be several points of contact showing her DNA, surely, and finger or palm prints, being that it's a smooth metallic surface. But... nope.

Compare to little rocks, where both DNA profiles are clearly present. To grip a heavy object and swing it requires, one would think, more physical contact to the surface than a tiny rock, so there ought to be more and not less DNA evident.

I do wonder what "too complex" means there. I hope they recall this witness to explain. Hopefully the bracket was not contaminated by whoever rejoined it to the telescope, as it seems a pretty important piece of evidence.

BBM - IMO this is why the defence keep bringing up the fact that 'someone' put the telescope back together. The might try to say that Warriena's DNA was wiped when it was reassembled.
 
  • #185
BBM - IMO this is why the defence keep bringing up the fact that 'someone' put the telescope back together. The might try to say that Warriena's DNA was wiped when it was reassembled.
The jury would have to believe that GT had the presence of mind to know exactly what was happening, that he was truly being hit with the telescope part (which was what was entailed in Warriena 'beating him up'). He was not particularly clear about anything when describing to his father what happened. I don't think he can decide if he was too drunk to be clear about the situation, or if he is sure of the facts. Isn't that the point of recording evenings which may end in an alcoholic blackout? And we won't know if the change in legal representation goes along with a change in the narrative. (waves to Fairydust)
 
  • #186
That audio is so horrific. He was choking her, somehow, absolutely 100%. It's so much more sinister than I thought this case was. He is a disturbed young man :(
My ex did this to me on a few occasions. The fear it sends through you would make you climb off there, absolutely. You feel like you're about to die, with a monster holding your throat.

Sent from my SM-T700 using Tapatalk
 
  • #187
I'm tipping Tostee will take the stand by Friday.
 
  • #188
  • #189
Thank you for the updates, with special mention to sleep! :tyou:

Gabe's behaviour after the event bothers the hell out of me.

Someone allegedly jumps from your balcony - so you call a lawyer - less than 2 minutes after Warriena's final scream?

Someone allegedly jumps from your balcony - so you wander off to buy pizza?

Someone allegedly jumps from your balcony - so one of the first things you say to your dad is "I didn't cause this, like I didn't push her." Why would you even think this? Would you not be shaken, shocked, upset and say "Dad! The most awful thing has happened! A girl just jumped off my balcony!"

Someone allegedly jumps from your balcony - so you phone her mobile phone - which is in your pocket?
 
  • #190
Thank you for the updates, with special mention to sleep! :tyou:

Gabe's behaviour after the event bothers the hell out of me.

Someone allegedly jumps from your balcony - so you call a lawyer - less than 2 minutes after Warriena's final scream?

Someone allegedly jumps from your balcony - so you wander off to buy pizza?

Someone allegedly jumps from your balcony - so one of the first things you say to your dad is "I didn't cause this, like I didn't push her." Why would you even think this? Would you not be shaken, shocked, upset and say "Dad! The most awful thing has happened! A girl just jumped off my balcony!"

Someone allegedly jumps from your balcony - so you phone her mobile phone - which is in your pocket?

BBM
This is such a significant statement. I'm no expert on forensic linguistics but it's an odd comment to make. I'm not saying he did push her, I don't think he did, but the fact that he felt compelled to say this specifically makes me think he knew in his mind his actions contributed to her death. Like a subconscious distancing from responsibility. I also wonder about what his Dad might have thought him capable of for Tostee to even go there. I know my parents would NEVER think I could push someone off a balcony, but it's like Tostee has to reassure his Dad that he wasn't to blame? All very much a reflection of the makeup of his personality and his shortcomings. IMO IMO IMO
 
  • #191
I'm tipping Tostee will take the stand by Friday.

oooo he wants to.. ... after all he's a ****ing nice guy with a 150 IQ.. it will all boil down as to who has the upper edge.. him, or his father , ( who is paying the bills) ... its a toss up, because I think Gabe runs rings around Dad and has done forever... but for Dad , it may have been a bit of a wake up call... .

On the other hand, if Dad and Mum are sick and tired of Gabe, and that isn't an irrational position, particularly since by court decree he has to live with them, how ghastly must that be, then all they have to do to have Gabe move out of home, ( and into Arthur Gorrie ) is murmur a slightly negative response, and Gabe will be in that witness stage like a shot, because he also has oppositional defiance disorder..

The Gabe's of this world are bread and butter to Crown Prosecutors , and State Attorney's , all across the English speaking world, they test out their baby fangs on the lower end of the group and move on up, leaving behind them the entire contents of prisons all across the land, without a backward glance.. Gabe is like a dream to a QLD crown prosecutor, because along with his ADD, and his other little quirks, he is enamoured of himself to that entertaining degree of real craziness. .

So I am hoping, naturally. .. .. and you know, sometimes, a barrister will make sure he collects his fees before his client takes the stand, and I imagine that has been done already, to the very last cent, and just let the chips fall where they may... .
 
  • #192
oooo he wants to.. ... after all he's a ****ing nice guy with a 150 IQ.. it will all boil down as to who has the upper edge.. him, or his father , ( who is paying the bills) ... its a toss up, because I think Gabe runs rings around Dad and has done forever... but for Dad , it may have been a bit of a wake up call... .

On the other hand, if Dad and Mum are sick and tired of Gabe, and that isn't an irrational position, particularly since by court decree he has to live with them, how ghastly must that be, then all they have to do to have Gabe move out of home, ( and into Arthur Gorrie ) is murmur a slightly negative response, and Gabe will be in that witness stage like a shot, because he also has oppositional defiance disorder..

Of course you know that because you are a fully qualified specialist with relevant qualifications and have interviewed him several times, yes?

The Gabe's of this world are bread and butter to Crown Prosecutors , and State Attorney's , all across the English speaking world, they test out their baby fangs on the lower end of the group and move on up, leaving behind them the entire contents of prisons all across the land, without a backward glance.. Gabe is like a dream to a QLD crown prosecutor, because along with his ADD, and his other little quirks, he is enamoured of himself to that entertaining degree of real craziness.

I'm having trouble understanding the first sentence. As for the second, I refer to my above remark.

So I am hoping, naturally. .. .. and you know, sometimes, a barrister will make sure he collects his fees before his client takes the stand, and I imagine that has been done already, to the very last cent, and just let the chips fall where they may... .

Incorrect. His fees are owed to him by his instructing solicitor as a personal/professional debt.
 
  • #193
oooo he wants to.. ... after all he's a ****ing nice guy with a 150 IQ.. it will all boil down as to who has the upper edge.. him, or his father , ( who is paying the bills) ... its a toss up, because I think Gabe runs rings around Dad and has done forever... but for Dad , it may have been a bit of a wake up call... .

On the other hand, if Dad and Mum are sick and tired of Gabe, and that isn't an irrational position, particularly since by court decree he has to live with them, how ghastly must that be, then all they have to do to have Gabe move out of home, ( and into Arthur Gorrie ) is murmur a slightly negative response, and Gabe will be in that witness stage like a shot, because he also has oppositional defiance disorder..

The Gabe's of this world are bread and butter to Crown Prosecutors , and State Attorney's , all across the English speaking world, they test out their baby fangs on the lower end of the group and move on up, leaving behind them the entire contents of prisons all across the land, without a backward glance.. Gabe is like a dream to a QLD crown prosecutor, because along with his ADD, and his other little quirks, he is enamoured of himself to that entertaining degree of real craziness. .

So I am hoping, naturally. .. .. and you know, sometimes, a barrister will make sure he collects his fees before his client takes the stand, and I imagine that has been done already, to the very last cent, and just let the chips fall where they may... .

I would imagine his parents had always known he may get himself into this type of trouble at some point. They would have seen the signs.

Can someone remind me, did he reinvent himself when he was younger...something along the lines of he didn't have friends or had socialisation issues and he 'converted' himself to a ladies man? I have this vague recollection of reading a news article and smiling to myself thinking sorry buddy, if the world don't like you, you can't make it :silly:
 
  • #194
BBMThis is such a significant statement. I'm no expert on forensic linguistics but it's an odd comment to make. I'm not saying he did push her, I don't think he did, but the fact that he felt compelled to say this specifically makes me think he knew in his mind his actions contributed to her death. Like a subconscious distancing from responsibility. I also wonder about what his Dad might have thought him capable of for Tostee to even go there. I know my parents would NEVER think I could push someone off a balcony, but it's like Tostee has to reassure his Dad that he wasn't to blame? All very much a reflection of the makeup of his personality and his shortcomings. IMO IMO IMO

Tostee's actions and reactions after Warriena fell is more commonly known as Mens Rea.

An element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.

A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person's awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element.
 
  • #195
BBM
This is such a significant statement. I'm no expert on forensic linguistics but it's an odd comment to make. I'm not saying he did push her, I don't think he did, but the fact that he felt compelled to say this specifically makes me think he knew in his mind his actions contributed to her death. Like a subconscious distancing from responsibility. I also wonder about what his Dad might have thought him capable of for Tostee to even go there. I know my parents would NEVER think I could push someone off a balcony, but it's like Tostee has to reassure his Dad that he wasn't to blame? All very much a reflection of the makeup of his personality and his shortcomings. IMO IMO IMO

What is 'BBM?' Further, if you are a parent of a teenager who has had a prange, one of the first things (if they were not at fault0 they will say is: "It wasn't my fault." Do you agree? If so, what is 'odd' about a comment I regard as one you'd expect would be made.
 
  • #196
And IMO he lived his life preparing for his social situations...how to say something, when to say something, trying to predict how people will react. Rehearsing and practising, probably reviewing his collection of recordings to 'improve his game'. A total facade, he would have been a socially anxious mess underneath it all. Never feeling good enough based on how people treated him when he was younger. All IMO based on what we know...
 
  • #197
What is 'BBM?' Further, if you are a parent of a teenager who has had a prange, one of the first things (if they were not at fault0 they will say is: "It wasn't my fault." Do you agree? If so, what is 'odd' about a comment I regard as one you'd expect would be made.

What's a prange?
 
  • #198
Tostee's actions and reactions after Warriena fell is more commonly known as Mens Rea.

An element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.

A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person's awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element.

Yesssssss!! Makara you always come through with the goods :loveyou:
 
  • #199
oh that special button is a treasure.. !!.

Maybe the witness stand is too big of a whack of reality and exposure, to Gabe.. he seems to have preferred the behind the scenes stuff on the internet, .. I am really in two minds about it. Deep down, Gabe is an almighty coward, and this may hamper his appearance,.. and his barrister is obliged to inform him of the possible consequences of taking the stand, but in the end, it really is up to the client.... . some people like to go down in a barrage of flames, some people like to ooze away with out a whisper...

I am interested to know if Gabe will produce character witnesses.. the people who get on the witness stand and say they've known you forever, and you are a pillar of the community, you've worked for Red Cross , a Scout leader, and all this stuff. I don't see any mention of any such of a thing on the witness list, .... . a bit unusual in a murder trial...
 
  • #200
What is 'BBM?' Further, if you are a parent of a teenager who has had a prange, one of the first things (if they were not at fault0 they will say is: "It wasn't my fault." Do you agree? If so, what is 'odd' about a comment I regard as one you'd expect would be made.

I was talking about what he said, the words he chose. No comparison to the example you just gave - he used a specific cause, you used a general cause. And I most certainly would not expect an innocent person to say that. Not. at. all.

BBM - bolded by me
 
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