Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #8

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  • #201
Melanie Petrinec ‏@MelaniePetrinec 48m48 minutes ago

Justice Byrne tells jury not to factor in Tostee's conduct after Warriena died, including calling his lawyer and not police @couriermail

So if the evening had not been recorded by Gabe and the trial was based on what neighbors had heard. Would his after conduct have factored in?

Just imagine if he had not pressed the record button.

how can the jury "not" factor his conduct after she died??? I mean, it speaks volumes as to his character, most normal people after knowing that someone has falling to almost certain death from their balcony would "not" act the way he did surely, if it was a pure accident or if he felt she fell of her own accord, surely he would have run downstairs straight away to see if she was ok, called 000 etc...but not, he just left, not even bothering to check she was ok, he saw that ambulances there etc, my god if someone fell off the balcony from next door to me and I didn't even know the person I would run downstairs to check they are ok!!!!!!!
 
  • #202
[video=twitter;787842847097565184]https://twitter.com/GregStolzJourno/status/787842847097565184[/video]
 
  • #203
Oct 17, 2016 1:23 PMStuff Editors
The judge says the defence says no one was able to prove that Wright even knew the balcony door was locked - and that she did not act rationally by trying to climb over the balcony within seconds of being placed outside by Tostee. The judge says the defence's case is his client's actions did not cause her to make that choice.

http://www.stuff.co.nz/world/australia/85406561/live-gable-tostee-verdict

The prosecution could have argued with this too, if she did in fact believe the door was unlocked, then it just shows what a barrier to her safety she really did believe GT was
 
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[video=twitter;787843046356332545]https://twitter.com/GregStolzJourno/status/787843046356332545[/video]
 
  • #206
The prosecution could have argued with this too, if she did in fact believe the door was unlocked, then it just shows what a barrier to her safety she really did believe GT was
I couldn't agree more.
 
  • #207
Oct 17, 2016 1:31 PMStuff Editors
The defence had told the jury it should not deem his conduct after Wright plunged off his balcony, such as calling his dad and lawyer, not calling triple-zero and wandering around the streets, as evidence of guilt. The defence case was that Tostee's conduct in the aftermath were from "shock."


Oct 17, 2016 1:29 PMStuff Editors
During the alleged choking noises, the audio records Tostee telling Wright to "let go" and she can be overheard breathing over the gurgling noises, the defence claimed.

http://www.stuff.co.nz/world/australia/85406561/live-gable-tostee-verdict
 
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  • #209
Oct 17, 2016 1:25 PMStuff Editors
Using its interpretation of the secret recordings to illustrate the point, the judge says the defence argues the audio shows Wright was becoming so drunk she was "weird." It was a crescendo of "irrationality that went beyond ordinary drunkenness."

http://www.stuff.co.nz/world/australia/85406561/live-gable-tostee-verdict

And again, surely this argument best serves the prosecution? If she was that terribly intoxicated and strange, why on earth lock her outside like that?
 
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Oct 17, 2016 1:33 PMStuff Editors
The defence did not view Wright's conduct in climbing over the balcony as rational or a reasonable response to Tostee's actions. She was heavily intoxicated and "irrational," according to the defence case. So Tostee could not have foreseen that she would climb over the edge and die.

http://www.stuff.co.nz/world/australia/85406561/live-gable-tostee-verdict
 
  • #213
[video=twitter;787843788278333440]https://twitter.com/GregStolzJourno/status/787843788278333440[/video]
 
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[video=twitter;787844254148145153]https://twitter.com/GregStolzJourno/status/787844254148145153[/video]
 
  • #216
Oct 17, 2016 1:35 PMStuff Editors
The judge is now giving the jury procedural instructions on what will happen when it returns with a verdict.


Oct 17, 2016 1:34 PMStuff Editors
No one proved Tostee caused Wright grievous bodily harm either, according to the defence's case - and it submits he cannot be found guilty of murder or manslaughter, says the judge. And with that, Justice John Byrne has finished summing up.

http://www.stuff.co.nz/world/australia/85406561/live-gable-tostee-verdict
 
  • #217
Unfortunate typo there, Greg.
 
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