Mr Cash told the Supreme Court jury yesterday that if it finds Tostee
intended to cause Ms Wright grievous bodily harm by restricting her breathing, and if that influenced her panicked decision to climb from the balcony minutes later, he is guilty of murder.
“So if you are satisfied there was a choking, a strangling ... obstruction of her breathing over such a long period of time, you would conclude from that intent, at that point, to cause her some grievous bodily harm,” he said.
“And if that’s the case ...
it is sufficient, the prosecution says, for you to return a verdict of murder.”
But Tostee’s barrister,
Saul Holt, QC, denied any choking or strangling and said it was an issue the jury needed to be “extraordinarily careful about”.
“That allegation of choking or strangling is essential to this trial,” he said.
A pathologist said there was no medical evidence that Ms Wright was strangled,
but agreed that some methods of restraint don’t leave marks.
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