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

[possumheart]

who invited you? I didn't . This site isn't about the mission to promote Tostee. , It isn't about the mission to complain about the terrible things women do by not obeying men instantly, thereby getting fine young men into trouble with the law. It isn't about the constant repetition that is posted of complaints about moderators.

It is about the law, and criminology and forensics and evidence and trials, and all that has been absent from everyone of your posts.

Cheers!

It is also about EMPATHY and EXISTENTIALISM.

 

[Strangeworld]

That's why I am not able to respond to many comments here. This site is where an accused male is fair game for as much character assassination and defamation as anyone can dream up. I do get that.

Elde, I know you are not verified as a legal expert, but given you mentioned you have knowledge in the area I was wondering if there are any cases that you can direct us to that may have set a precedent for this case?

 

[Elde Fruit]

Elde, I know you are not verified as a legal expert, but given you mentioned you have knowledge in the area I was wondering if there are any cases that you can direct us to that may have set a precedent for this case?

No, there is nothing I am aware of (I have been retired for some time now) where the facts stack up like they do here. There is that Royall case, but the circumstances there are nothing like they are in this matter. You make a point I have been considering given the context of what seems to be such a very poor Crown case ~ which is ~ has this been initiated to end up in the High Court to establish a new precedent as occurred in the Baden-Clay matter (which, as I have acknowledged, I was wrong about as the High Court determined?)

 

[sleepinoz]

I don't understand why we Websleuther's are being labelled as male haters. It only takes a bit of a read of the Jodi Arias trial to see that she didn't get treated any different to what GT is now being treated - maybe we have a bit more gross info on him - dunno.

It's not about Male and Female - it's about Victim and 'The Accused'.

Tostee himself put the Full Recording in the Public Arena a couple of months after Rrie's death. Many of us here have that recording, it was posted on thread but taken down because it wasn't available via MSN (Websleuths TOS).

I'm quite willing to put up a link to it if it is authorised by the Mods, then maybe our friend can listen to the complete 3:19:27s of it. Peace for a while maybe.

 

[SouthAussie]

Here is something I had not realised before, this deadly Tinder date took some time to eventuate. Warriena took her time in (most unfortunately) accepting Tosser's invitation to meet.

Their Tinder conversation showed Tostee messaged Ms Wright ..... on August 1.
But it would be three days before she would respond.
Their conversation then continued over three days, ending on the day they would fatefully meet.


With Warriena finally agreeing to meet him ....... "Plz (sic) don’t be an old creepy pervy dude”


http://www.news.com.au/national/que...h/news-story/53101462c25da0922d6c62ca29eda7e8

 

[Freya1977]

Kate Kyriacou ‏@KateKyriacou [video=twitter;786362888508145664]https://twitter.com/KateKyriacou/status/786362888508145664[/video] Dr Little also looked at scars on Warriena's body. Found multiple, self inflicted, including on both wrists, on right thigh, 12cm. #tostee

:'(

Poor girl

 

[Strangeworld]

No, there is nothing I am aware of (I have been retired for some time now) where the facts stack up like they do here. There is that Royall case, but the circumstances there are nothing like they are in this matter. You make a point I have been considering given the context of what seems to be such a very poor Crown case ~ which is ~ has this been initiated to end up in the High Court to establish a new precedent as occurred in the Baden-Clay matter (which, as I have acknowledged, I was wrong about as the High Court determined?)

Thanks Elde, now that is interesting. Would that give them an opportunity to present additional evidence not submitted this week...would that explain the bland case presented so far?

 

[Freya1977]

Kate Kyriacou ‏@KateKyriacou [video=twitter;786363512574455809]https://twitter.com/KateKyriacou/status/786363512574455809[/video] Dr Little is being asked by Crown about strangulation again. She says there are also arm holds, in many cases don't leave marks. #tostee

This. I think this is the answer

 

[MZD]

Thanks Elde, now that is interesting. Would that give them an opportunity to present additional evidence not submitted this week...would that explain the bland case presented so far?

I would also agree that the case so far is not strong. However, I also felt this about G B-C and was convinced he would not be convicted of murder, but convicted of manslaughter...look how that turned out.

 

[Elde Fruit]

Thanks Elde, now that is interesting. Would that give them an opportunity to present additional evidence not submitted this week...would that explain the bland case presented so far?

No. When this Trial ends, if there is an appeal.....no additional evidence allowed.

 

[SouthAussie]

This. I think this is the answer

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.

 

[Elde Fruit]

:'(

Poor girl

What do you mean?

 

[Trooper]

I don't understand why we Websleuther's are being labelled as male haters. It only takes a bit of a read of the Jodi Arias trial to see that she didn't get treated any different to what GT is now being treated - maybe we have a bit more gross info on him - dunno.

It's not about Male and Female - it's about Victim and 'The Accused'.

Tostee himself put the Full Recording in the Public Arena a couple of months after Rrie's death. Many of us here have that recording, it was posted on thread but taken down because it wasn't available via MSN (Websleuths TOS).

I'm quite willing to put up a link to it if it is authorised by the Mods, then maybe our friend can listen to the complete 3:19:27s of it. Peace for a while maybe.

we are labelled as male haters because we will not adore Gabe.. Adoring Gabe, loving Gabe, believing Gabe, trusting Gabe, admiring Gabe , these are the hall marks of all those who see the elevation of Gabe to sainthood as The Mission..

I don't care about being labelled whatever., Gabe Tostee is a prawn and a poltroon, a charlatan and a phony, But I loathe him because he is a murderer..

 

[Elde Fruit]

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.

Sorry, I heard nothing of that kind whatsoever. I've now listened to it over and over, and can make nothing either way of it. The Crown did not call any expert to explain the noises. That is very telling and will be used by Defence.

 

[Fluffykins]

Sorry, I heard nothing of that kind whatsoever. I've now listened to it over and over, and can make nothing either way of it. The Crown did not call any expert to explain the noises. That is very telling and will be used by Defence.

I wouldn't have thought it needed any explaining. The jury are there to make up their own minds based on the evidence submitted. If I was on the jury, I know what I'd be thinking.

 

[Trooper]

I wouldn't have thought it needed any explaining. The jury are there to make up their own minds based on the evidence submitted. If I was on the jury, I know what I'd be thinking.

that is precisely why the Crown didn't call an expert in to translate it for the jury.. what will happen is, if the defence brings an expert in to explain those sounds, the cross examination will be fierce and fabulous..

 

[possumheart]

My balconies are filling with hail right now. Thinking of Warriena out there in the cold. This storm is her wrath.

 

[SouthAussie]

No. When this Trial ends, if there is an appeal.....no additional evidence allowed.

I don't believe that is strictly true. It may be a general ruling, but there are definitely exceptions. In particular, if evidence arises that was not available at the time of the trial and would likely have changed the result.


The question of whether to allow the new evidence

In considering whether to allow the new affidavit, Ginnane J referred to rule 77.06.9(3) which gives the court power to receive further evidence on appeal on questions of fact by affidavit. Reference was also made to Clark v Stingel [2007] VSCA 292 in which the Court of Appeal set out the principles upon which the Court will grant leave to introduce fresh evidence upon an appeal. In that case, it was held that it was not in doubt that leave should be given only if:

by the exercise of reasonable diligence such evidence could not have been discovered in time to be used in the original trial;

it is reasonably clear that if the evidence had been available at the trial, and had been adduced, an opposite result would have been produced; and

the evidence proposed to be adduced is reasonably credible.

http://www.gadens.com/publications/Pages/Fresh-Evidence-on-Appeal.aspx


Also .... (from same link)

On that point, it should be noted that in a recent Court of Appeal decision, fresh evidence was permitted even after a full trial in circumstances where the appellant appeared for himself at first instance: see Sgargetta v NAB [2014] VSCA 159 at [38].

 

[MissUnderstood]

Ta. He is telling her to 'let go' and repeats it several times. Again.....no throttling sounds. No screams, no gurgles.......just heavy breathing, certainly not shallow gasping, and it might have been him.

She was quite vocal throughout the whole evening. Wouldn't you think she would be yelling and screaming if she could? He has her pinned and he probably saying let go because she is trying to free herself.
I note from your posts that you think there is nothing sinister with his behaviour, but surely if that was your sister or mother or daughter your opinion would be different.



Sent from my iPhone using Tapatalk

 

[SouthAussie]

Sorry, I heard nothing of that kind whatsoever. I've now listened to it over and over, and can make nothing either way of it. The Crown did not call any expert to explain the noises. That is very telling and will be used by Defence.

That is okay, elde fruit. I don't feel the need to convince anyone. I hear it, the police hear it, MSM hear it, others hear it, the judge and jury have heard it. That is more than good enough for me.