Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #6
- Thread starter MsAnais
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who knows? that's the nature of juries... one NEVER knows.... and if someone says they know, call the police, please..
Estelle
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You are all very quick. Before I even see them on my twitter, they have already been posted here most of the time!
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Thanks a million, Sleep and Amee, for once again keeping us up-to-date of the goings on in the courtroom...you guys are awesome!!!
Oh dear. Those who know me on WS know that while I've often assumed a role of what some might call a Devil's Advocate, I always try to present my reasoning in a fair and balanced manner with the utmost respect paid to the deceased.
Now that I've said that, this was without a doubt the WORST closing argument I have EVER seen or heard from a Crown Prosecutor.
Cash QC has urged to the jury to convict on the charge of murder while admitting it was not the Crown's contention that Gable intended to cause Warriena any harm when locking her on the balcony. Furthermore, the choking allegation is being vigorously pursued despite the only medical professional to give evidence on the possibility stating that even if a forearm choke was utilised, it would be unlikely/uncommon for there not to be evidence of muscular trauma. This of course means there must be some possibility but we must remember that the Crown must prove beyond a reasonable doubt that Gable intended to inflict GBH or worse on Warriena for the murder charge to be proved. It simply cannot be proved to the requisite standard when by the Crown's own witness submission, what they are alleging to have occurred was not likely to have occurred at all. The murder charge absolutely must fail and it was an enormous tactical error to pursue it on completion of the Crown case.
As for manslaughter, he failed to address why Warriena did not explore any other option before making the fatal decision to try to descend. The defence is going to ask why she didn't ask the witness who spoke to her for assistance and why she didn't simply remain put as by the Crown's own admission, there was no imminent threat to her at that point. As the defence has the benefit of addressing the jury last, the Crown cannot rebut any argument put forward by the defence and should have preempted this line of closing. They did not and I have no idea why they did not.
The Crown's closing did most of the work for the defence, murder is now totally off the table and they are basically free to concentrate on the lesser charge of manslaughter, although obviously they will be at great pains to ram home why they cannot possibly find Gable guilty of murder.
I'm genuinely shocked, that was as poor a display as I've seen from an experienced prosecutor. Granted, he didn't have a stellar indictment handed to him but it was almost as though he has admitted defeat.
I feel for Warriena and her family, while I personally don't think Gable is guilty of either offence, IMO they certainly deserved better advocacy on their behalf.
Now that I've said that, this was without a doubt the WORST closing argument I have EVER seen or heard from a Crown Prosecutor.
Cash QC has urged to the jury to convict on the charge of murder while admitting it was not the Crown's contention that Gable intended to cause Warriena any harm when locking her on the balcony. Furthermore, the choking allegation is being vigorously pursued despite the only medical professional to give evidence on the possibility stating that even if a forearm choke was utilised, it would be unlikely/uncommon for there not to be evidence of muscular trauma. This of course means there must be some possibility but we must remember that the Crown must prove beyond a reasonable doubt that Gable intended to inflict GBH or worse on Warriena for the murder charge to be proved. It simply cannot be proved to the requisite standard when by the Crown's own witness submission, what they are alleging to have occurred was not likely to have occurred at all. The murder charge absolutely must fail and it was an enormous tactical error to pursue it on completion of the Crown case.
As for manslaughter, he failed to address why Warriena did not explore any other option before making the fatal decision to try to descend. The defence is going to ask why she didn't ask the witness who spoke to her for assistance and why she didn't simply remain put as by the Crown's own admission, there was no imminent threat to her at that point. As the defence has the benefit of addressing the jury last, the Crown cannot rebut any argument put forward by the defence and should have preempted this line of closing. They did not and I have no idea why they did not.
The Crown's closing did most of the work for the defence, murder is now totally off the table and they are basically free to concentrate on the lesser charge of manslaughter, although obviously they will be at great pains to ram home why they cannot possibly find Gable guilty of murder.
I'm genuinely shocked, that was as poor a display as I've seen from an experienced prosecutor. Granted, he didn't have a stellar indictment handed to him but it was almost as though he has admitted defeat.
I feel for Warriena and her family, while I personally don't think Gable is guilty of either offence, IMO they certainly deserved better advocacy on their behalf.
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