Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #9

[Strangeworld]

Same reasons as expressed on this forum by Elde Fruit, JCB and CleverKnot. Prosecution have to prove the charge beyond reasonable doubt. There can't be speculation. They can't speculate that she was choked, or that he put her on the ledge or that he may have held a gun or a knife to her. They can't speculate about what he was holding in his hand, or that he was hiding evidence. It is an agreed fact that WR assaulted GT and that he was entitled to take steps to defend himself. There is no point suggesting otherwise. The issues are only whether the force he used was excessive. And the judge told the jury today that they can only consider physical force.

And if that's the case, the law needs to change

 

[Ausgirl]

Off topic - remember I said earlier that I had no chance of catching up? And those mummy cuddles my son needed? Turns out a puke fest was brewing.

See you tomorrow, friends. Hopefully it won't be a long night and he's over the worst. Even teenage boys don't want their mum to be too far away when they feel rubbish.

Hope he feels better soon!

 

[Karinna]

Just popping in to say that I'd been avoiding hearing the recording. I've heard it now. I can't keep up with all the posts and threads here. Can someone tell me if I am the only one who thinks he may have actually dangled her over the balcony and that's why she was so terrified and saying no so much ?

That is exactly what i thought when i saw the photo on here of the re enactment with legs hanging down from the balcony, that someone was hanging her by her arms.

 

[PainExpress]

So if one were to physically attack him, what would be the "proper" action?

Are you asking for a friend?

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[SouthAussie]

He still had to deal with her stuff, and getting her out of there. She now had buildings full of witnesses at her disposal.

Her perception of his intent, doesn't mean that was his intent. She's not a mind reader. His actions, clearly, surrendered any advantage he had at that point. The neighbors were already witnessing things before she fell. It could not have been lost on him that this was now a very public issue.

This still does not negate that he had her essentially under lock and key. Within his control. Until/unless any assistance arrived.

 

[CleverKnot]

BBM.


I’m so happy to see mental health awareness alive and well.


There has been no indication that Warriena had any mental health issues, aside from GT calling her a pscho b****, so if we could refrain from insinuating otherwise, that would be nice. And yes, I understand you weren't directly talking about Warriena, but the insinuation is very much present.

Even if she (or any woman for that matter) had BPD, this does not mean that she is automatically abusive or difficult to deal with and I wholly reject the implication of it!


Well, I guess I'm back. I wonder if Trooper got the green light yet?

If you read the post I was responding to, where she said her sons would be wussies if they were intimidated by a woman smaller than them, I simply used a real life example of where a man with a mentally ill partner, is anything but a wussy when intimidated by her, and the negative behaviours the illness can bring forth.

 

[Tortoise]

You are right. It's not disputed that she was locked on the balcony. There is also plenty of evidence she was terrified. But there is no evidence that he was in control, or that she was terrified of him. She could have been terrified because she thought he was going to leave her on the balcony all night when she wanted to go home.

Seriously, you believe this? She would climb over a railing that far from the ground and risk her own death because she didn't want to sit out on the balcony all night? When she could have banged on the door and said let me back in!?

The jury is only expected to use common sense, not look at highly unlikely scenarios.

 

[PrimeSuspect]

That's not what I said. I said if one of your sons dates someone with such a disorder, your perspective on the "wussy man" will change dramatically.

I understand where you're coming from, a person can be held hostage in a relationship because their partner threatens self harm. It's very sad and distressing for all concerned.
But there isn't evidence of Warriena having a mental illness or playing a part in the events of that night. She was drunk, they'd had a six pack of beer and Tostee's home made vodka. Some people are a little fiesty or wordy when drunk. Tostee liked to play mind games among other things with his playdates. Things got out of hand and the rest we know from the recording. JMO

 

[SouthAussie]

Seriously, you believe this? She would climb over a railing that far from the ground and risk her own death because she didn't want to sit out on the balcony all night? When she could have banged on the door and said let me back in!?

The jury is only expected to use common sense, not look at highly unlikely scenarios.

I thought the statement was a big reach, too.

 

[CleverKnot]

Are you asking for a friend?

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I'm asking for the practical reality of the "proper" way to handle someone attacking you.

 

[PainExpress]

This trial is getting completely out of control. Any guilty verdict is going to be quashed on appeal. He cannot be found guilty based on the evidence before the court.

Is that just your opinion or is there a link?



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[Estelle]

it was panic, she was was acting in a true state of panic, no logic to it. It's very primal.

I said before that on a Thursday night in Surfers Paradise off season, Warriena could not rely on anyone being awake or even waking up due to her screams if she called for help. I can sleep through anything. I have to set several alarms to make sure I wake up sometimes if I need to get up earlier than my usual routine.

I didn't deny that she would not be in a true state of panic - primal panic is a good term for it. Perhaps she had a panic attack too. They are terrifying as i have had them. I was raped once and went into freeze mode rather than fighting or fleeing immediately. We all react in different ways.

 

[Helen-Lou]

Just popping in to say that I'd been avoiding hearing the recording. I've heard it now. I can't keep up with all the posts and threads here. Can someone tell me if I am the only one who thinks he may have actually dangled her over the balcony and that's why she was so terrified and saying no so much ?

I agree it's definately a possibility that he dangled her over the balcony, I actually have a feeling it's what was happening when he was telling her to let go...

 

[John Dillinger]

The jury this afternoon asked Justice John Byrne whether "language is to be considered force".*"The short answer is no," Justice Byrne told the jury.Read more at http://www.9news.com.au/national/2016/10/11/09/55/gable-tostee-murder-trial#QYm873JWddqzBTRu.99

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LOL, what next, soon they'll be asking if Jedhi power is to be considered using "the Force"

 

[Elde Fruit]

This still does not negate that he had her essentially under lock and key. Within his control. Until/unless any assistance arrived.

That ignores the fact that she disappeared within seconds. Her irrational act significantly wiped out many options he may then have had. W decided the outcome.............irrationally. Not guilty.

 

[Strangeworld]

IMO the Jury are thinking that if the accused is back on the streets, something is going to go wrong again relatively quickly and there is no legal precedent for that.
The image of the detectives tonight really touched me. I hope the jury saw them. They kind of looked like the Salvation Army to me. I really hope Rrie's family saw the detectives and took comfort from them.

This is exactly what so many of us our worried about I'm sure, Poss. We've seen it time and time again. His face IMO will appear in the papers again for all the wrong reasons, its not if but when.

And I'm hoping that even if he is found not guilty, there are ways that Warriena's death can promote change. And I am really hoping someone close to Warriena's family has the strength to support and encourage them in a civil case. This can't be over if there is a not guilty verdict.

I also want to say now, if we all have to deal with a harsh reality when the verdict is handed down (if it's not guilty or hung jury), please please please don't let negative energy suck us in. We know we are victim-friendly here and no verdict will ever change that.

 

[CleverKnot]

This still does not negate that he had her essentially under lock and key. Within his control. Until/unless any assistance arrived.

Essentially.

Correct. Not completely, and not to the point a rational person couldn't have taken reasonable steps to aquire assistance.

Apparently, one witness testified he was telling her to get back inside.

 

[Karinna]

I'm asking for the practical reality of the "proper" way to handle someone attacking you.

If someone is having a psychotic episode you get out of the way of danger and get on your phone and call for help/assistance.

 

[possumheart]

So, really. The jury is to consider an audio file where words and intonation have been deemed irrelevant by the Judge. An audio file.
Where someone is in a confined space,but apparently on communal ground (do balconies have invisible taxi ranks in the sky?)

 

[CleverKnot]

Seriously, you believe this? She would climb over a railing that far from the ground and risk her own death because she didn't want to sit out on the balcony all night? When she could have banged on the door and said let me back in!?

The jury is only expected to use common sense, not look at highly unlikely scenarios.

It is amazing how twenty somethings are invincible, especially after they have some experience and training with heights, and a bit of alcohol.